contract, shall require the execution of a contract by a water-users? association or irrigation district whereby such association or irrigation district shall be required to pay to the United States, without regard to default in the payment of charges against any individual farm unit or tract of irrigable land, the entire charges against all productive lands remaining in the project after the permanently unproductive lands shall have been eliminated and the charges against temporarily unproductive areas shall have been suspended in the manner and to the extent authorized and directed by this act. The Secretary is authorized, in his discretion, upon request of individual water users or districts, and upon performance of the condition precedent above set forth, to amend any existing waterright contract to provide for increase in the time for payment of construction charges, which have not then accrued, to the extent that may be necessary under the conditions in each case, subject to the limitation that there shall be allowed for repayment not more than forty years from the date the first payment matured under the original contract, and also to extend the time for payment of operation and maintenance or water rental charges due and unpaid for such period as in his judgment may be necessary not exceeding five years, the charges so extended to bear interest payable annually at the rate of 6 per centum per annum until paid, and to contract for the payment of the construction charges then due and unpaid within such term of years as the Secretary may find to be necessary, with interest payable annually at the rate of 6 per centum per annum until paid.

The Secretary is further authorized, in his discretion, to grant the relief provided for in section 4, act of December 5, 1924 (Fortythird Statutes at Large, page 701), to any of the projects mentioned in this act, without requiring such project to take over the care, operation, and maintenance of the project works.

The decision of the Secretary as to the necessity for amending any such contract shall be conclusive: Provided, That nothing in this act shall prevent the execution of any contract heretofore negotiated or in connection with which negotiations have been heretofore opened in good faith or which may be hereafter opened in good faith under the act approved December 5, 1924 (Forty-third Statutes at Large, page 701), and which shall be executed on or before January 1, 1927, unless the water users affected elect to have the contract governed by this section: Provided further, That in the execution of any contract provided for in the last proviso, the Secretary of the Interior shall have authority to arrange for payment of construction charges by any project or division for the calendar years 1926, 1927, and 1928 in proportion to the state of development of the project in those years: Provided further, That the Secretary of the Interior is authorized to complete and execute the supplemental contract, now being negotiated and which has been approved as to form by the Secretary, between the United States and the Belle Fourche Irrigation District and at the expiration of said supplemental contract to enter into a permanent contract on behalf of the United States with said District in accordance with

NOTES

Regulations. For regulations and interpretation of this section, see C. L. 1559, August 20, 1926; 51 L. D. 525. See also C. L. 1562, September 18, 1926. Sec. 46. [No water delivery on new projects until contracts made by district for payment of costs-Cooperation of States-Appraisal and sale of lands in private ownership in excess of 160 acres-No water if owner refuses to sell-Payment required before right to receive water-Payments of operation and maintenance charges annually in advance-Public notice when water available.]-No water shall be delivered upon the completion of any new project or new division of a project until a contract or contracts in form approved by the Secretary of the Interior shall have been made with an irrigation district or irrigation districts organized under State law providing for payment by the district or districts of the cost of constructing, operating, and maintaining the works during the time they are in control of the United States, such cost of constructing to be repaid within such terms of years as the Secretary may find to be necessary, in any event not more than forty years from the date of public notice hereinafter referred to, and the execution of said contract or contracts shall have been confirmed by a decree of a court of competent jurisdiction. Prior to or in connection with the settlement and development of each of these projects, the Secretary of the Interior is authorized in his discretion to enter into agreement with the proper authorities of the State or States wherein said projects or divisions are located whereby such State or States shall cooperate with the United States in promoting the settlement of the projects or divisions after completion and in the securing and selecting of settlers. Such contract or contracts with irrigation districts hereinbefore referred to shall further provide that all irrigable land held in private ownership by any one owner in excess of one hundred and sixty irrigable acres shall be appraised in a manner to be prescribed by the Secretary of the Interior and the sale prices thereof fixed by the Secretary on the basis of its actual bona fide value at the date of appraisal without reference to the proposed construction of the irrigation works; and that no such excess lands so held shall receive water from any project or division if the owners thereof shall refuse to execute valid recordable contracts for the sale of such lands under terms and conditions satisfactory to the Secretary of the Interior and at prices not to exceed those fixed by the Secretary of the Interior; and that until one-half the construction charges against said lands shall have been fully paid no sale of any such lands shall carry the right to receive water unless and until the purchase price involved in such sale is approved by the Secretary of the Interior and that upon proof of fraudulent representation as to the true consideration involved in such sales the Secretary of the Interior is authorized to cancel the water right attaching to the land involved in such fraudulent sales: Provided further, That the operation and maintenance charges on account of lands in said projects and divisions shall be paid annually in advance not later than March 1. It shall be the duty of the Secretary of the Interior to give public notice when water is actually available, and the operation and maintenance charges payable to the

United States for the first year after such public notice shall be transferred to and paid as a part of the construction payment. (44 Stat. 649, 650.)

Sec. 47. [Repeal of subsections E, F, and L of section 4, Fact Finders' Act.]-Subsections E, F, and L of section 4, act approved December 5, 1924 (Forty-third Statutes at Large, page 701), are hereby repealed, except as herein otherwise provided. (44 Stat. 650.)

Sec. 48. [Purpose of act.]-The purpose of this art is the rehabilitation of the several reclamation projects and the insuring of their future success by placing them upon a sound operative and business basis, and the Secretary of the Interior is directed to administer this act to those ends. (44 Stat. 650.)

Sec. 49. [Delivery of water during 1926 irrigation season notwithstanding delinquency in payment of water-right charges.]-Pending the execution of any contract under this act or the Interior Department Appropriation Act for the fiscal year 1927, or the said act of December 5, 1924, the Secretary is authorized, in his discretion and when convinced that action looking to execution of contract is being expedited in good faith, to deliver water during the irrigation season of 1926 to the irrigation district, water user's association, or water-right applicant affected, notwithstanding delinquency in the payment of water-right charges which under the law applicable would render such irrigation district, water users' association, or water-right applicant ineligible to receive water. (44 Stat. 650.) Sec. 50. [Adjustment of water-right charges as a final adjudication on projects and divisions named.]-The adjustments under sections 1 to 40, inclusive, of this act are declared to be an incident of the operation of the "reclamation law," a final adjudication on the projects and divisions named in such sections under the authority contained in subsection K, section 4, of the act approved December 5, 1924 (Forty-third Statutes, page 701), and shall not hereafter be construed to be the basis of reimbursement to the "reclamation fund" from the general fund of the Treasury or by the diversion to the 66 reclamation fund" of revenue of the United States not now required by law to be credited to such "reclamation fund."

CANCELLATION OF WATER-RIGHT CHARGES AND RELEASE OF LIENS ON BUFORD-TRENTON AND WILLISTON PROJECTS, NORTH DAKOTA.

An act to cancel water-right charges and release liens on the Buford-Trenton and Williston irrigation projects, North Dakota, and for other purposes. (Act May 26, 1926, ch. 395, 44 Stat. 653)

[Sec. 1. Secretary authorized to cancel water-right charges and release liens, Buford-Trenton and Williston projects.]—That the Secretary of the Interior be, and he hereby is, authorized to cancel water-right charges of any and every kind in connection with the BufordTrenton and Williston irrigation projects in North Dakota constructed under the act of Congress approved June 17, 1902 (Thirtysecond Statutes at Large, page 388), and acts amendatory thereof or supplementary thereto, and to release or consent to the release of any and all liens however created and now existing against lands of said projects on account of said water-right charges. (44 Stat. 653.)

Sec. 2. [Power of Secretary.]-The Secretary of the Interior is authorized to do any and all things necessary to give full effect to the provisions of this act. (44 Stat. 653.)

APPOINTMENT OF COMMISSIONER OF RECLAMATION

An act to provide for the appointment of a Commissioner of Reclamation, and for other purposes. (Act May 26, 1926, ch. 401, 44 Stat. 657)

[Sec. 1. Reclamation of arid lands shall be administered by Commissioner of Reclamation-Salary.]-That under the supervision and direction of the Secretary of the Interior, the reclamation of arid lands, under the act of June 17, 1902, and acts amendatory thereof and supplementary thereto, shall be administered by a Commissioner of Reclamation, who shall receive a salary of $10,000 per annum, and who shall be appointed by the President. (44 Stat. 657.)