reason change the due date for future payments and modify the contract without violation of either the letter or the spirit of the act of May 15, 1922, and without invoking the procedure therein provided for confirmation of contracts under the latter act. (Idem.)

The act of August 13, 1914, provided for the payment of irrigation construction charges upon a specified date, the only authority for change of which is contained in the act of May 15, 1922, and where the latter act is invoked to change the date of payment under a prior contract, the procedure prescribed therein must be followed in order to give validity to the amended contract. (Idem.)

For opinion of the solicitor for the Interior Department regarding authority of Secretary to extend dates of payment of water charges, see C. L. 1299, April 25, 1924. Decision M-11120, re Lower Yellowstone project, holds that certain extensions of water charges can be made under contract with an irrigation district. Decision M-12181, re Strawberry Valley project, holds that similar extensions can not be made under contract with a water users' association.

Penalties on account of delinquent water charges.-Under contracts with irrigation districts under act of May 15, 1922 (42 Stat. 541), and also under the Warren Act of February 21, 1911 (36 Stat. 925), penalties on account of all classes of charges shall be credited to the reclamation fund generally and not to the project in connection with which they arise. (C. L. 1186, January 3, 1923. This circular amends C. L. 960 (standard clauses for contracts with irrigation districts), by adding a sentence to Clause (H) thereof.)

Sec. 2. [Patents and water-right certificates for lands in irrigation districts-Liens Release.]-That patents and water-right certificates which shall hereafter be issued under the terms of the act entitled "An act providing for patents on reclamation entries, and for other purposes," approved August 9, 1912 (Thirty-seventh Statutes at Large, page 265), for lands lying within any irrigation district with which the United States shall have contracted, by which the irrigation district agrees to make the payment of all charges for the building of irrigation works and for operation and maintenance, shall not reserve to the United States a lien for the payment of such charges; and where such a lien shall have been reserved in any patent or water-right certificate issued under the said act of Congress, the Secretary of the Interior is hereby empowered to release such lien in such manner and form as may be deemed effective; and the Secretary of the Interior is further empowered to release liens in favor of the United States contained in water-right applications and to assent to the release of liens to secure reimbursement of moneys due to the United States pursuant to water-right applications running in favor of the water users' association and contained in stock subscription contracts to such associations, when the lands covered by such liens shall be subject to assessment and levy for the collection of all moneys due and to become due to the United States by irrigation districts formed pursuant to State law and with which the United States shall have entered into contract therefor: Provided, That no such lien so reserved to the United States in any patent or water-right certificate shall be released until the owner of the land covered by the lien shall consent in writing to the assessment, levy, and collection by such irrigation district of taxes against said land for the payment to the United States of the contract obligation: Provided further, That before any lien is released under this act the Secretary of the Interior shall file a written report finding that the contracting irrigation district is legally organized under the laws of the State in which its

lands are located, with full power to enter into the contract and to collect by assessment and levy against the lands of the district the amount of the contract obligation. (42 Stat. 542.)

Regulations.

NOTES

For departmental instructions regarding release of liens reserved by the act of August 9, 1912 (37 Stat. 265), see C. L. 1226, June 6, 1923, or 49 L. D. 604.

Sec. 3. [Contracts with irrigation districts subject to act of August 11, 1916.] That upon the execution of any contract between the United States and any irrigation district pursuant to this act the public lands included within such irrigation district, when subject to entry, and entered lands within such irrigation district, for which no final certificates shall have been issued and which may be designated by the Secretary of the Interior in said contract, shall be subject to all the provisions of the act entitled "An act to promote the reclamation of arid lands," approved August 11, 1916: Provided, That no map or plan as required by section 3 of the said act need be filed by the irrigation district for approval by the Secretary of the Interior.

That the term "first mortgage," as used in section 12 of the Federal Farm Loan Act, approved July 17, 1916, shall be construed to include mortgages on farm lands under United States reclamation projects, notwithstanding there may be against such lands a reserved or created lien in favor of the United States for construction or other charges as provided in the act of June 17, 1902, and acts amendatory thereof and supplementary thereto, known as the reclamation law: Provided, That such lands are otherwise eligible for loans under the Federal Farm Loan Act: And provided further, That the amount and date of maturity of such lien shall be given due consideration in fixing the value of such lands for loan purposes. (42 Stat. 542.)

NOTES

Cross reference. This section construed as amending act of August 11, 1916 (39 Stat. 506) (49 L. D. 499).

APPROPRIATIONS FOR BAKER PROJECT, OREGON

[Extract from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1923, and for other purposes. (Act May 24, 1922, ch. 199, 42 Stat. 552)

[Appropriation for Baker project.]-Baker project, Oregon: For investigation, commencement of construction, and incidental operations, $400,000. (42 Stat. 585.)

NOTES

Similar language regarding the Baker project was carried in the appropriation act of January 24, 1923 (42 Stat. 1174, 1207), the amount appropriated being $500,000.

By act of June 5, 1924 (43 Stat. 390, 418), the unexpended balance of the above appropriation was reappropriated and made available for the fiscal year 1925.

Also by act of March 3, 1925 (43 Stat. 1141, 1168), the unexpended balance of the appropriation for the fiscal year 1925 was reappropriated and made available for the fiscal year 1926.

By act of May 10, 1926 (44 Stat. 453, 483), the unexpended balance of the appropriation for the fiscal year 1926 was reappropriated and made available for the fiscal year 1927.

For conditions attached to this appropriation see act of May 10, 1926. (44 Stat. 453, 479.) See also notes under this act.

Secretary not required to expend appropriation for new project.—In opinion of Solicitor for Interior Department dated July 20, 1925, and opinion of Attorney General dated September 17, 1925 (34 Op. Atty. Gen. 545), it was held that the Secretary is not mandatorily required to enter upon the construction of a project that is shown by investigation not to be feasible. Solicitor for Interior Department of June 11, 1926, was to same effect. See also opinion of Attorney General dated July 1, 1926, and undated opinion of Attorney General (promulgated August 4, 1926), addressed to Congressional Committee on Public Lands.

Opinion of

SALE OF ELECTRIC POWER ON SALT RIVER PROJECT

An act authorizing the sale of surplus power developed under the Salt River reclamation project, Arizona. (Act September 18, 1922, ch. 323, 42 Stat. 847)

[Contracts authorized for sale of power-Must not exceed 50 years— Money derived to be placed to credit of Salt River project.]-That whenever a development of power is necessary for the irrigation of lands under the Salt River reclamation project, Arizona, or an opportunity is afforded for the development of power under said project, the Secretary of the Interior is authorized, giving preference to municipal purposes, to enter into contracts for a period not exceeding fifty years for the sale of any surplus power so developed, and the money derived from such sales shall be placed to the credit of said project for disposal as provided in the contract between the United States of America and the Salt River Valley Water Users' Association, approved September 6, 1917: Provided, That no contract shall be made for the sale of such surplus power which will impair the efficiency of said project: Provided, however, That no such contract shall be made without the approval of the legally organized water users' association or irrigation district which has contracted with the United States to repay the cost of said project: Provided further, That the charge for power may be readjusted at the end of five, ten, or twenty year periods after the beginning of any contract for the sale of power in a manner to be described in the contract. (42 Stat. 847.)

IRRIGATION INVESTIGATION IN NEBRASKA

Joint resolution providing for an additional investigation of the tricounty irrigation project, Nebraska. (S. J. Res. 215, September 22, 1922, ch. 430, 42 Stat. 1057)

[Investigation of tricounty project-Advance funds necessary.]-That the Secretary of the Interior, upon the payment to him in advance of the necessary funds to defray the expenses thereof, be, and he is hereby, authorized to make an additional investigation of the tricounty project in Nebraska, comprising the counties of Gosper, Phelps, and Kearney, in said State, and to extend said investigation into Adams County, Nebraska, with a view of ascertaining whether it is practicable to convey for irrigation purposes flood waters from the Platte River onto lands in said counties. (42 Stat. 1057.)

NOTES

Cross reference.-See Senate Resolution No. 251, June 7, 1924, extending above joint resolution.