REPAYMENT OF EXCESS AMOUNTS PAID FOR LOTS IN BOWDOIN,

MONT.

An act authorizing repayment of excess amounts paid by purchasers of certain lots in the town site of Bowdoin, Montana. (Act June 8, 1926, ch. 500, 44 Stat. 708)

[Excess of payments for town-site lots to be certified.]-That the Secretary of the Interior is hereby authorized to certify to the Secretary of the Treasury the difference between the amounts paid by purchasers of the lots in the town site of Bowdoin, Montana, and the price fixed as result of reappraisal by the Secretary of the Interior of May 11, 1925, in all cases whether patents had or had not issued at the time of the reappraisal of the lots: Provided, That the purchasers or their legal representatives apply for repayment of such amounts within two years from the passage of this act. (44 Stat. 708.)

Sec. 2. [Payment authorized from reclamation fund.]-Upon receipt of the certificate from the Secretary of the Interior, the Secretary of the Treasury is hereby authorized and directed to make payment to such purchasers out of the fund known as the Reclamation Fund. created by the act of Congress approved June 17, 1902, Thirtysecond Statutes, page 388. (44 Stat. 708.)

RED BLUFF FEDERAL IRRIGATION PROJECT

An act to provide for the storage of the waters of the Pecos River. (Act June 18, 1926, ch. 622, 44 Stat. 753)

[Sec. 1. Secretary authorized to construct Red Bluff project, Pecos River-Area of project limited.]-That in accordance with the provisions of the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and acts amendatory thereof or supplementary thereto, except as the same are modified herein, the Secretary of the Interior is hereby authorized and empowered to construct the Red Bluff Federal irrigation project, consisting of a reservoir upon the Pecos River, sufficient in size for the irrigation of not exceeding forty thousand acres of land in the State of Texas, which reservoir shall be located at a point where it will impound the flood waters of Delaware Creek and Black River, and shall be provided with all necessary incidental works for the operation of the same. (44 Stat. 753.)

Sec. 2. [Expenditure for construction contingent upon contract to pay United States costs incurred.]-That no expenditure for construction shall be made under this act until an appropriate contract or contracts in form approved by the Secretary of the Interior, providing for the payment to the United States as provided herein of the costs incurred on account of said project, shall have been properly executed by a district or districts organized under State law and embracing property to be benefited by said project, and such execution shall have been confirmed by a court of competent jurisdiction: Provided, That expenditures may be made hereunder at any time to cover necessary expenses incurred by the United States on account of preliminary investigations and negotiations in connection with the execution of the contract or contracts provided for by this section. (44 Stat. 753.)

Sec. 3. [Repayment to United States of cost of construction.]—That the total cost to the United States of the construction of said project shall be repaid to the United States in twenty annual installments, without interest, as follows: Five per centum thereof on March 1st of the second year following the year in which water becomes first available from said reservoir for irrigation, and 5 per centum thereof annually thereafter until the whole amount is paid: Provided, That if any installment shall not be paid when due there shall be added at once to such installment a penalty of 1 per centum thereof and thereafter on the first day of each month a like penalty so long as the default continues. (44 Stat. 753.)

Sec. 4. [Payment to United States in advance of cost of operating and maintaining project.]-That the cost to the United States of operating and maintaining said project shall be paid to the United States in advance upon annual estimates made by the Secretary of the Interior, and upon a day to be fixed by him: Provided, That the cost of operating and maintaining the project the year water is first available therefrom for irrigation, shall be merged with and made a

part of the construction cost. If the estimate for any one year shall be either more or less than the actual cost, an appropriate adjustment shall be made in the estimate for the next succeeding year. (44 Stat. 753.)

Sec. 5. [Classification of irrigable lands and public notice as to construction charges not required; determination by Secretary of cost of project.]-That no classification by the Secretary of the Interior of the irrigable lands of said project shall be required, nor shall he issue any public notice relating to construction charges against said lands: Provided, That the Secretary of the Interior shall determine the cost of said project, including the cost of operating and maintaining it the first season water is available therefrom for irrigation, and shall furnish a statement of such cost to the contracting district or districts. (44 Stat. 754.)

Sec. 6. [Appropriation authorized limited to $2,000,000.]-That there is hereby authorized to be appropriated from any moneys not otherwise appropriated, in the reclamation fund such an aggregate amount as may be necessary to carry out the purposes of this act, not exceeding the sum of $2,000,000. (44 Stat. 754.)

Sec. 7. [Use of water from Pecos River in New Mexico above Avalon Dam limited-Approval by State of Texas.]-In the event that any irrigation works are constructed under the authorization contained in this act, neither the United States, the State of Texas, nor any of the parties for whose benefit said works are to be constructed shall at any time hereafter have or claim, or attempt in any manner to acquire, any right to the use in the State of Texas of any water which shall flow in the Pecos River, or any of its tributaries, in New Mexico at or above the Avalon Dam, except such of said water as may not at any time be used or diverted from or above said dam: Provided, That nothing in this section shall be construed to curtail the quantity of water to which present users in Texas may now be lawfully entitled: And provided further, That no construction under this act shall begin until the State of Texas, through legislative act, signed and approved by the governor of said State, shall have agreed to the provisions of this section. (44 Stat. 754.)

DRAINAGE FOR INDIAN LANDS ON NEWLANDS IRRIGATION

PROJECT

An act to authorize the cancellation and remittance of construction assessments against allotted Paiute Indian lands irrigated under the Newlands reclamation project in the State of Nevada and to reimburse the Truckee-Carson irrigation district for certain expenditures for the operation and maintenance of drains for said lands. (Act June 26, 1926, ch. 694, 44 Stat. 771)

[Sec. 1. Reimbursement of Truckee-Carson Irrigation District-Cancellation and remittance of construction assessments against Paiute Indian lands.]-That there is hereby authorized to be appropriated out of any money in the Treasury not otherwise appropriated the sum of $611.55, or so much thereof as may be necessary, to reimburse the Truckee-Carson Irrigation District, State of Nevada, for necessary expenditures incurred and to be incurred by said district during the years 1924 and 1925, in operating and maintaining irrigation drains for lands under water-right application, located within the limits of the Paiute Indian Reservation in said State. The money herein authorized to be appropriated shall be reimbursed to the Treasury of the United States under such rules and regulations promulgated by the Secretary of the Interior in accordance with provisions of the law applicable to the Indian lands benefited: Provided, That all charges assessed, or to be assessed for the construction of irrigation works, against approximately seven and a quarter sections of Paiute Indian lands situated in township 19 north, range 30 east, Mount Diablo meridian, Nevada, that are within the Newlands reclamation project, be, and the same are hereby, remitted and canceled and said lands are hereby recognized and declared to have a water right without cost to the Indians: Provided further, That such lands shall be subject to their proportionate share of the annual operation and maintenance charges. (44 Stat. 771.)

NOTE

Cross reference.-See act of June 7, 1924 (43 Stat. 595), amending act of February 14, 1923 (42 Stat. 1246).

CREDITS FOR CONSTRUCTION CHARGES ON YUMA PROJECT

An act to authorize credit upon the construction charges of certain water-right applicants and purchasers on the Yuma and Yuma Mesa auxiliary reclamation projects, and for other purposes. (Act June 28, 1926, ch. 702, 44 Stat. 776)

[Sec. 1. Credits on construction charges of payments by Imperial irrigation district Applicable to Yuma Indian Reservation.]-That the Secretary of the Interior be, and he hereby is, authorized and directed to credit the individual water-right applicants in the Yuma reclamation project and the purchasers of water rights in the YumaMesa auxiliary reclamation project, on the construction charges due under their contracts with the United States under the reclamation act and acts amendatory thereof and supplementary thereto, with their proportionate part of all payments heretofore made or hereafter to be made by the Imperial irrigation district, of California, under contract entered into under date of October 23, 1918, between the said district and the Secretary of the Interior: Provided, That lands in the Yuma Indian Reservation for which water rights have been purchased shall share pro rata in the credits so to be applied. (44 Stat. 776.)