EXCHANGE OF LANDS ON NORTH PLATTE PROJECT An act providing for an exchange of lands between the Swan Land and Cattle Company and the United States. (Act August 9, 1921, ch. 55, 42 Stat. 147) [Acceptance of land from Swan Land and Cattle Company for irrigation.]-That upon proper execution and delivery by the Swan Land and Cattle Company, Limited, a corporation, of a deed conveying to the United States, its successors and assigns, a good merchantable title in fee, free of incumbrance, to certain lands needed by the United States for construction, operation, and maintenance purposes, in connection with the North Platte irrigation project, NebraskaWyoming, to wit: The southwest quarter of the northeast quarter and the southeast quarter of the northwest quarter of section twentyfive, township twenty-five north, range sixty-three west, sixth principal meridian, Wyoming; then in exchange for such lands so conveyed a patent shall be issued by the United States to said Swan Land and Cattle Company, its successors and assigns, conveying to said company the northeast quarter of the northeast quarter of section twenty-six and the northeast quarter of the southwest quarter of section twenty-three, township twenty-five north, range sixtythree west, sixth principal meridian. (42 Stat. 147.) CONGRESS CONSENTS TO AGREEMENT BETWEEN STATES RESPECTING WATERS OF COLORADO RIVER An act to permit a compact or agreement between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, respecting the disposition and apportionment of the waters of the Colorado River, and for other purposes. (Act August 19, 1921, ch. 72, 42 Stat. 171) [Sec. 1. Preamble-Apportionment of waters-Federal representative to be appointed-Expenses-Approval.]-Whereas the Colorado River and its several tributaries rise within and flow through or from the boundaries between the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming; and Whereas the territory included within the drainage area of the said stream and its tributaries is largely arid and in small part irrigated, and the present and future development necessities and general welfare of each of said States and of the United States require the further use of the waters of said streams for irrigation and other beneficial purposes, and that future litigation and confl'ct respecting the use and distribution of said waters should be avoided and settled by compact between said States; and Whereas the said States, by appropriate legislation, have authorized the governors thereof to appoint commissioners to represent said 'States for the purpose of entering into a compact or agreement between said States respecting the future utilization and dispos'tion of the waters of the Colorado River and of the streams tributary thereto; and Whereas the governors of said several States have named and appointed their respective commissioners for the purposes aforesaid, and have presented their resolution to the President of the United States requesting the appointment of a representative on behalf of the United States to participate in said negotiations and to represent the interests of the United States: Now, therefore, Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That consent of Congress is hereby given to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming to negotiate and enter into a compact or agreement not later than January 1, 1923, providing for an equitable division and apportionment among said States of the water supply of the Colorado River and of the streams tributary thereto, upon condition that a suitable person, who shall be appointed by the President of the United States, shall participate in said negotiations, as the representative of and for the protection of the interests of the United States, and shall make report to Congress of the proceedings and of any compact or agreement entered into, and the sum of $10,000, or so much thereof as may be necessary, is hereby authorized to be appropriated to pay the salary and expenses of the representative of the United States appointed hereunder: Provided, That any such compact or agreement shall not be binding or obligatory upon any of the parties thereto unless and until the same shall have been approved by the legislature of each of said States and by the Congress of the United States. (42 Stat. 171.) Sec. 2. [Right to amend reserved.]-That the right to alter, amend, or repeal this act is herewith expressly reserved. (42 Stat. 172.) EXTENSION OF PERIOD OF PREFERENCE RIGHT OF HOMESTEAD RINES GIVEN Joint resolution to amend a joint resolution entitled " Joint resolution giving to discharged soldiers, sailors, and marines a preferred right of homestead entry," approved February 14, 1920. (Pub. Res. No. 36, January 21, 1922, ch. 32, 42 Stat. 358) [Sec. 1. Preference right for ten years given veterans of World War before general opening.]-That a joint resolution entitled "Joint resolution giving to discharged soldiers, sailors, and marines a preferred right of homestead entry," approved February 14, 1920, be, and the same is hereby, amended to read as follows: "That hereafter, for the period of ten years following the passage of this act, on the opening of public or Indian lands to entry, or the restoration to entry of public lands theretofore withdrawn from entry, such opening or restoration shall, in the order therefor, provide for a period of not less than ninety days before the general opening of such lands to disposal in which officers, soldiers, sailors, or marines who have served in the Army or Navy of the United States in the war with Germany and been honorably separated or discharged therefrom or placed in the Regular Army or Naval Reserve shall have a preferred right of entry under the homestead or desert-land laws, if qualified thereunder, except as against prior existing valid settlement rights and as against preference rights conferred by existing laws or equitable claims subject to allowance and confirmation: Provided, That the rights and benefits conferred by this act shall not be extended to any person who, having been drafted for service under the provisions of the Selective Service Act, shall have refused to render such service or to wear the uniform of such service of the United States." (42 Stat. 358.) Sec. 2. [Regulations to be made.]-That the Secretary of the Interior is hereby authorized to make any and all regulations necessary to carry into full force and effect the provisions hereof. (42 Stat. 358.) NOTES Cross reference. This resolution amends act of February 14, 1920 (41 Stat. 434) in matter of preferred right of soldier, etc. See notes under resolution of February 14, 1920. The preferential right granted by section 8 of the stock raising act (December 29, 1916, 39 Stat. 862) is superior to the preference right granted to exservice men by above act. (Regulations of September 9, 1922, 49 L. D. 273.) RELIEF TO WATER USERS ON FEDERAL IRRIGATION PROJECTS An act to authorize the Secretary of the Interior to extend the time for payment of charges due on reclamation projects, and for other purposes. (Act March 31, 1922, ch. 119, 42 Stat. 489) [Sec. 1. Extension of time for payment of construction charges-Interest on extended charges. ]-That where an individual water user or individual applicant for a water right under a Federal irrigation project constructed or being constructed under the act of June 17, 1902 (Thirty-second Statutes, page 388), or any act amendatory thereof or supplementary thereto, is unable to pay any construction charge due and payable in the year 1922 or prior thereto, the Secretary of the Interior is hereby authorized, in his discretion, to extend the date of payment of any such charge for a period not to exceed one year from December 31, 1922: Provided, That the applicant for the extension shall first show to the satisfaction of the Secretary of the Interior, by a detailed, verified statement of his assets and liabilities, an actual inability to make payment at the time the application is made and an apparent ability to meet the deferred charge when the extension expires; also in cases where water for irrigation is available, that the applicant is a landowner or entryman whose land against which the charge has accrued is being actually cultivated: Provided further, That similar relief in whole or in part may be extended by the Secretary of the Interior to a legally organized group of water users of a project, upon presentation of a sufficient number of individual showings made in accordance with the foregoing proviso to satisfy the Secretary of the Interior that such extension is necessary: And provided further, That each charge so extended shall draw interest at the rate of 6 per centum per annum from its due date in lieu of any penalty that may now be provided by law, but in case such charge is not paid at the end of such extension period, any penalty that would have been applicable save for such extension, shall attach from the date the charge was originally due the same as if no extension had been granted. (42 Stat. 489.) NOTES Amendment.-This section amended by section 1, act of February 28, 1923 (42 Stat. 1324), making the extension two years instead of one. C. L. Regulations. For departmental instructions, see regulations of April 3, 1922, 48 L. D. 618, C. L. 1100; and of March 7, 1923, 49 L. D. 472; C. L. 1197. Nos. 1200 and 1209 supplement C. L. 1197. See also C. L. 1120, May 24, 1922; C. L. 1132, June 26, 1922; C. L. 1139, July 5, 1922. C. L. 1166, October 14, 1922, relates to collection of delinquent accounts. C. L. 1222, May 23, 1923, and C. L. 1225, June 1, 1923, state the policy of the Secretary regarding administration of the relief law. C. L. 1299, April 25, 1924, relates to the authority of the Secretary to extend time of payment of water charges. C. L. 1093. March 23, 1922, promulgates instructions on the bill H. R. 9606 (afterwards act of March 31, 1922), after passage by both Houses and prior to signature by the President. Miscellaneous references.-For departmental construction of laws relating to contracts between Bureau of Reclamation and irrigation districts, see opinion of September 29, 1923 (50 L. D., 142); also opinion of December 31, 1923 (50 L. D. 227.) Sec. 2. [Secretary authorized to furnish water to landowners or entrymen in arrears in payment of operation and maintenance or construction charges.]-That the Secretary of the Interior is hereby authorized, in his discretion, after due investigation, to furnish irrigation water on Federal irrigation projects during the irrigation season of 1922 to landowners or entrymen who are in arrears for more than one calendar year in the payment of any operation and maintenance or construction charges, notwithstanding the provisions of section 6 of the act of August 13, 1914 (Thirty-eighth Statutes, page 686): Provided, That nothing in this section shall be construed to relieve any beneficiary hereunder from payments due or penalties thereon required by said act: Provided further, That the relief provided by this section shall be extended only to a londowner or entryman whose land against which the charges have accrued is actually being cultivated. (42 Stat. 490.) NOTES Amendment.-Section 4, act of February 28, 1923 (42 Stat. 1324), amends this section by changing the words " season of 1922" to seasons of 1922 and 1923." 66 Extension of time for payment of charges not authorized.—The provisions of this act, which affords relief to settlers on reclamation projects with reference to operation and maintenance charges, simply relax the requirements of section 6 of the act of August 13, 1914, by permitting the Secretary of the Interior, in his discretion, to furnish irrigation water, during the time specified therein, to landowners or entrymen who are in arrears for more than one calendar year, and nothing contained therein authorizes the extension of time for the payment of such charges. (Lower Yellowstone Irrigation Districts Nos. 1 and 2, 49 L. D. 301.) |