An injury caused by the construction and operation of a Government irrigation project, which by seepage and percolation necessarily influences and disturbs the ground water table of the entire valley where plaintiffs' lands are situated, is damnum absque injuria. (Natron Soda Co. v. U. S. (1919), 54 Ct. Cl. 169; affirmed (1921), 257 U. S. 138, 66 L. Ed. 171, 42 Sup. Ct. 58.)

[Obligations not to exceed appropriations or reclamation fund---Ten per cent of appropriations available interchangeably.]-Under the provisions of this act no greater sum shall be expended, nor shall the United States be obligated to expend during the fiscal year nineteen hundred and sixteen, on any reclamation project appropriated for herein an amount in excess of the sum herein appropriated therefor, nor shall the whole expenditures or obligations incurred for all of such projects for the fiscal year nineteen hundred and sixteen exceed the whole amount in the "reclamation fund" for that fiscal year.

Ten per centum of the foregoing amounts shall be available interchangeably for expenditure on the reclamation projects named; but not more than ten per centum shall be added to the amount appropriated for any one of said projects. (38 Stat. 860.)

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NOTES

See section 16, act of August 13, 1914 (38 Stat. 686). Provisions similar to the above are now carried regularly in the sundry civil appropriation bills.

[No obligation increasing fixed construction charge permitted until agreement is made with water users.]-No work shall be undertaken or expenditure made for any lands, for which the construction charge has been fixed by public notice, which work or expenditure shall, in the opinion of the Secretary of the Interior, increase the construction cost above the construction charge so fixed; unless and until valid and binding agreement to repay the cost thereof shall have been entered into between the Secretary of the Interior and the water-right applicants and entrymen affected by such increased cost, as provided by section four of the act of August thirteenth, nineteen hundred and fourteen, entitled "An act extending the period of payment under reclamation projects, and for other purposes. Stat. 861.)

(38

[Protection of property along Colorado River.]-For protecting lands and property in the Imperial Valley and elsewhere along the Colorado River, within the limits of the United States, against injury or destruction by reason of the changes in the channels of the Colorado River-and the Secretary of the Interior is authorized to expend any portion of such money within the limits of the Republic of Mexico as he may deem proper in accordance with such agreements for the purpose as may be made with the Republic of Mexico-$100,000, which sum shall be available for expenditure as soon as there shall have been paid into the Treasury, by contributions from the Imperial Valley irrigation district, an equivalent amount to the credit of the Secretary of the Interior, to constitute, with the amount hereby appropriated, the total sum of $200,000, to be expended by him for the purposes herein described. (38 Stat. 861.)

LIEU FARM UNITS IN CASES OF NONIRRIGABILITY

An act for the relief of homestead entrymen under the reclamation projects of the United States. (Act March 4, 1915, ch. 182, 38 Stat. 1215)

[Sec. 1. Relinquishment of homestead entries under reclamation act if land not irrigable-Selection of farm unit in lieu-Residence on original entry credited.]-That any person who has made homestead entry under the act of June seventeenth, nineteen hundred and two (Thirty-second Statutes at Large, page three hundred and eightyeight), for land believed to be susceptible of irrigation which at the time of said entry was withdrawn for any contemplated irrigation project, may relinquish the same provided that it has since been determined that the land embraced in such entry or all thereof in excess of twenty acres is not or will not be irrigable under the project, and in lieu thereof may select and make entry for any farm unit included within such irrigation project as finally established, notwithstanding the provisions of section five of the act of June twentyfifth, nineteen hundred and ten, entitled "An act to authorize advances to the reclamation fund," and so forth, and acts amendatory thereof: Provided, That such entrymen shall be given credit on the new entry for the time of bona fide residence maintained on the original entry. (38 Stat. 1215.)

NOTES

Assignment of lieu farm unit.-Where, prior to an exchange of reclamation farm units under this act the entryman has, in connection with the original unit, fulfilled the ordinary homestead requirements and submitted proper proof thereof, the lieu farm unit may be assigned, under the act of June 23, 1910 (36 Stat. 592), subject to compliance with the requirements of the reclamation law as to payment, reclamation, and cultivation. (Sarah E. Lewellen, 46 L. D. 385.)

Miscellaneous.-General Land Office circular of April 29, 1915, under this act. (44 L. D. 87.)

General Land Office circular of September 25, 1915, amending paragraphs 2 and 3 of circular of April 29, 1915. (44 L. D. 377.)

Reclamation Service instructions of December 20, 1915, governing credit for water-right payments in cases of lieu selection under said act. (44 L. D. 544.) Circular letter No. 536, January 26, 1916, in reference to credit on new entries under this act.

AMENDMENT OF ACT RELATING TO ASSIGNMENT OF RECLAMATION HOMESTEAD ENTRIES

An act to amend the act of June 23, 1910, entitled "An act providing that entrymen for homesteads within the reclamation projects may assign their entries upon satisfactory proof of residence, improvement, and cultivation for five years, the same as though said entry has been made under the original homestead act." (Act May 8, 1916, ch. 114, 39 Stat. 65)

[Sec. 1. Assignment of homestead entries within reclamation projects— Confirmation of certain assignments made betwen June 23, 1910, and January 1, 1913.]-That the act of June twenty-third, nineteen hundred and ten (Public, Two hundred and forty-three, Thirty-sixth Statues, page five hundred and ninety-two), entitled "An act providing that entrymen for homesteads within reclamation projects may assign their entries upon satisfactory proof of residence, provement, and cultivation for five years, the same as though said entry had been made under the original homestead act," is hereby amended by adding the following proviso:

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"Provided, That in the absence of any intervening valid adverse interests any assignment made between June twenty-third, nineteen hundred and ten, and January first, nineteen hundred and thirteen, of land upon which the assignor has submitted satisfactory final proof and the assignee purchased with the belief that the assignment was valid and under the act of June twenty-third, nineteen hundred and ten, is hereby confirmed, and the assignee shall be entitled to the land assigned as under the act of June twenty-third, nineteen hundred and ten, nothwithstanding that said original entry was conformed to farm units and that the part assigned was canceled and eliminated from said entry prior to the date of final proof: Provided further, That all entries so assigned shall be subject to the limitations, terms, and conditions of the reclamation act and acts amendatory thereof or supplemental thereto, and all of said assignees whose entries are hereby confirmed shall, as a condition to receiving patent, make the proof heretofore required of assignees." (39 Stat. 65.)

NOTES

Cross reference.-See notes under act June 23, 1910. (36 Stat. 592.)

WATER RIGHTS FOR SALT RIVER INDIANS

[Extract from] An act making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1917. (Act May 18, 1916, ch. 125, 39 Stat. 123)

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[Perpetual water rights from Salt River project for Salt River Indians Reimbursement-Initial charges.]-That the Secretary of the Interior is hereby authorized and directed to provide for water rights in perpetuity for the irrigation of six hundred and thirty-one Salt River Indian allotments of ten acres each, to be designated by the Commissioner of Indian Affairs, water from works constructed under the provision of the reclamation act and acts amendatory thereof or supplemental thereto: Provided, That the reclamation fund shall be reimbursed therefor upon terms the same as those provided in said act or acts for reimbursement by entrymen on lands irrigated by said works, and there is hereby appropriated $20,000, or so much thereof as may be necessary to pay the initial installment of the charges when made for said water. (39 Stat. 130.)

USE OF PROJECT REFUNDS

[Extract from] An act making appropriations for sundry civil expenses of the Government for the fiscal year ending June 30, 1917, and for other purposes. (Act July 1, 1916, ch. 209, 39 Stat. 262)

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[Certain project refunds credited to appropriations.]-All moneys refunded, except repayments of construction and operation and maintenance charges, under the provisions of the act shall be a credit to the appropriation for the project from or on account of which the collection is made and shall be available for expenditure in like manner as if said sum had been specifically appropriated for said project in this act. (39 Stat. 306.)