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CLAIM OF SOUTHERN PACIFIC COMPANY FOR CLOSING BREAK IN COLORADO RIVER

An act to confer jurisdiction upon the Court of Claims to ascertain the cost to the Southern Pacific Company, a corporation, and the amounts expended by it from December 1, 1906, to November 30, 1907, in closing and controlling the break in the Colorado River, and to render judgment therefor, as herein provided. (Act May 26, 1924, ch. 192, 43 Stat. 171)

[Claim referred to Court of Claims-Judgment to be rendered for amount due-Right of appeal-Evidence submitted.]-Whereas at the request of President Roosevelt, and under the stress of great emergency, from December 1, 1906, to November 30, 1907, the Southern Pacific Company closed and controlled the break in the Colorado River and thereby prevented the overflow and destruction of one million two hundred and fourteen thousand acres of irrigable land in the Imperial Valley in southern California, and saved to the Government the Laguna Dam and the Yuma reclamation project connected therewith in Arizona, as well as thousands of acres of other Government land along the Colorado River: Therefore

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the claim of the Southern Pacific Company, a corporation, against the United States for reimbursement and repayment to such company of the cost to said company and the amounts expended by it from December 1, 1906, to November 30, 1907, in closing and controlling the break in the Colorado River, be, and such claim is hereby, referred to the Court of Claims, and full jurisdiction is hereby vested in said court to ascertain the amounts actually expended and the actual_costs incurred by the said Southern Pacific Company in closing and controlling said break within said period and to render judgment in favor of said Southern Pacific Company and against the United States of America for such aggregate amounts, less such proportion of such expenditures and costs as would be fair and reasonable to be deducted as said company's share of such expenditures and costs and the share of any subsidiary corporation of said Southern Pacific Company, because of the amount and probable value of the land and improvements thereon belonging at the time to said company, or any subsidiary corporation of said Southern Pacific Company, and which in the opinion of said court were saved by the closing and controlling of said break, as compared with the amount and probable value of the other land, improvements, and other property belonging at the time to the United States Government and occupants and settlers, and exclusive of railroad holdings, and holdings of any subsidiary corporation of said Southern Pacific Company, which, in the opinion of said court, were also saved by the closing and controlling of said break; with the right of appeal to both parties, and no statute of limitations shall apply to the right of recovery by said claimant. In ascertaining and determining aforesaid costs. expenses, facts, and matters, the court may receive and consider all papers, depositions, records, correspondence, and documents heretofore at any time filed in Congress, or with committees thereof, and in the executive departments of the Government, together with any other evidence offered. (43 Stat. 171.)

APPROPRIATION FOR MINIDOKA PROJECT, IDAHO

(Extract from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1925, and for other purposes. (Act June 5, 1924, ch. 264, 43 Stat. 390)

BUREAU OF RECLAMATION

[Expenditures for American Falls Reservoir restricted-Title for Indian lands-Expenses shared.]-Minidoka project, Idaho: For operation and maintenance, continuation of construction, and incidental operations, $1,045,000: Provided, That no part of this appropriation (and no part of any unencumbered balance of the 1924 appropriation for the Minidoka project) shall be expended on the American Falls Reservoir until (1) all acts have been performed that are necessarily precedent to the confirmation of title in fee in the United States for said reservoir of such Indian lands as are essential to the construction of the same; (2) companies and districts which have contracted to cooperate with the United States in the construction of said reservoir and have contracted to participate in said reservoir to an aggregate amount of at least three hundred and sixty-five thousand acre-feet shall have paid to the United States their due proportionate share of all moneys expended by the United States on said reservoir prior to the date of said payments, including interest at the rate of 6 per centum per annum from the time such moneys were advanced by the United States; (3) The American Falls Reservoir district and the Empire Irrigation district shall each have filed with the Secretary of the Interior an agreement binding each of said districts to the elimination of the second paragraph of article 46 of their respective contracts of June 15, 1923, with the United States; and (4) the said companies and districts shall have paid to or deposited with the United States cash or United States Government securities amounting to a total of at least $1,500,000: Provided further, That no contractor shall secure a right to the use of water from said reservoir except under a contract containing the provision that the contractor shall, as a part of the construction cost, pay interest at the rate of 6 per centum per annum upon the contractor's proper proportionate share, as found by the Secretary of the Interior, of the moneys advanced by the United States on account of the construction of said reservoir prior to the date of the contract. (43 Stat. 417.)

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Contracts—Additional work.—An existing contract for the performance of work for the Government may not be expanded so as to include additional work of any considerable magnitude without compliance with section 3709, Revised Statutes, requiring advertising and acceptance of lowest bid, unless it clearly appears that the additional work was not in contemplation at the time of the original contracting and is such an inseparable part of the work originally contracted for as to render it reasonably impossible of performance by other than the original contractor. (5 Comp. Gen. 508.)

Cross reference.-See notes under act of March 4, 1921 (41 Stat. 1403).

DRAINAGE FOR INDIAN LANDS ON NEWLANDS IRRIGATION

PROJECT

An act to amend an act entitled "An act authorizing an appropriation to meet proportionate expenses of providing a drainage system for Piute Indian lands in the State of Nevada within the Newlands reclamation project of the Reclamation Service," approved February 14, 1923. (Act June 7, 1924, ch. 309, 43 Stat. 595)

[Piute Indian lands-Appropriation authorized for drainage—Reimbursement.]—That the act entitled "An act authorizing an appropriation to meet proportionate expenses of providing a drainage system for Piute Indian lands in the State of Nevada within the Newlands reclamation project of the Reclamation Service," approved February 14, 1923, be, and the same is hereby, amended to read as follows: "That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $49,603.05, payable in twenty annual installments of $2,500 each, except the last, which shall be the amount remaining unpaid, for the purpose of meeting the proportionate expense of providing a drainage system for four thousand eight hundred and eighty-seven acres of Piute Indian lands in the State of Nevada within the Newlands project of the Reclamation Service.

"The money herein authorized to be appropriated shall be reimbursed in accordance with the provisions of law applicable to said Indian lands." (43 Stat. 595.)

NOTES

Cross reference.-Act of June 26, 1926 (44 Stat. 771), authorizes the cancellation and remittance of construction assessments against allotted Piute Indian lands irrigated under the Newlands project and the reimbursement of the Truckee-Carson irrigation district for certain expenditures for the operation and maintenance of drains for said lands.

COOPERATIVE INVESTIGATIONS OF CASPER-ALCOVA, DESCHUTES, AND SOUTHERN LASSEN PROJECTS

Joint resolution authorizing an investigation of the proposed Casper-Alcova irrigation project, Natrona County, Wyo.; the Deschutes project in the State of Oregon, and the Southern Lassen irrigation project in Lassen County, Calif. (Pub. Res. No. 32, of June 7, 1924, ch. 374, 43 Stat. 668)

[Plans for constructing and completing projects to be submitted to Congress Contribution of one-half of cost by States.]-That the Secretary of the Interior be, and he is hereby, authorized and directed to prepare and submit to Congress at the beginning of the next regular session plans and estimates of the character and cost of structures necessary for the construction and completion of the proposed Casper-Alcova irrigation project in Natrona County, Wyoming, the Deschutes project in the State of Oregon, and the Southern Lassen irrigation project, in Lassen County, California: Provided, That at least one-half the cost of all such investigations, plans and estimates shall be advanced by the State in which the project is located, or by parties interested. (43 Stat. 668.)

CONGRESSIONAL INVESTIGATION OF TRI-COUNTY IRRIGATION PROJECT IN NEBRASKA

Resolution authorizing the Committee on Irrigation and Reclamation to appoint a subcommittee to visit during the vacation the tri-county project in Nebraska and report to the full committee on the practicability of the same. (Senate Resolution of June 7, 1924, No. 251)

[Investigation of tri-county project-Committee on Irrigation and Reclamation authorized to appoint subcommittee to visit project and report on practicability thereof-Appropriation made for defraying expenses.]-Whereas in the Sixty-seventh Congress, a Senate joint resolution (S. J. Res. 215) was approved September 22, 1922, as follows: "Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, 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 tri-county 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'

And

Whereas in accordance with such resolution a survey of said tricounty project in Nebraska has been made by the Bureau of Reclamation, and the expenses of such survey and investigation amounting to more than $15,000 have been paid for by the State of Nebraska and the citizens living in the vicinity of said project: Now, therefore,

be it

Resolved, That the Committee on Irrigation and Reclamation be authorized to appoint a subcommittee to visit the tri-county project in Nebraska during the recess of Congress and report to the full committee on the practicability of said project and the advisability of installing the same. There is hereby appropriated out of the contingent fund of the Senate, the sum of $300 for the purpose of defraying the expenses of said investigation.

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