COLUMBIA BASIN INVESTIGATION

Joint resolution extending appropriation in connection with Columbia Basin investigation. (Pub. Res. No. 40, December 22, 1924, ch. 16, 43 Stat. 721)

[Reappropriation for investigation.]-That the unexpended balance of the appropriation contained in the act of March 4, 1923 (Fortysecond Statutes at Large, page 1540), making appropriations for investigation of the feasibility of irrigation by gravity or pumping, water sources, water storage, and related problems in connection with the Columbia Basin project, is hereby reappropriated and made available immediately and to continue available until the fifteenth day of February, 1925. (43 Stat. 721.)

REFUNDS TO WORLD WAR VETERANS

An act to provide for refunds to veterans of the World War of certain amounts paid by them under Federal irrigation projects. (Act February 21, 1925, ch. 277, 43 Stat. 956)

[Sec. 1. Definitions.]-That as used in this act

(a) The term "veteran" includes any individual a member of the military or naval forces of the United States at any time after April 5, 1917, and before November 12, 1918; but does not include (1) any individual at any time during such period or thereafter separated from such forces under other than honorable conditions, (2) any conscientious objector who performed no military duty whatever or refused to wear the uniform, or (3) any alien at any time during such period or thereafter discharged from the military or naval forces on account of his alienage; and

(b) The term "reclamation law means the act entitled "An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June 17, 1902, and all acts amendatory thereof or supplementary thereto. (43 Stat. 956.)

Sec. 2. [Veterans entitled to refund-Investigation and approval of applications for refunds and payment thereof.]-(a) Any veteranwho at any time since April 6, 1917, has made entry upon a farm unit within a Federal irrigation project under the reclamation law and (1) who no longer retains such entry because of cancellation by, or relinquishment to, the United States after or (2) who, prior to receipt by him of a final certificate in respect of such entry, but in no case more than one year after the date of passage of this act, desires to relinquish such entry-may, in accordance with regulations prescribed by the Secretary of the Interior, file application for the refund provided in subdivision (b). A veteran who has been compensated, in cash or otherwise, for any such relinquishment shall not be entitled to the benefits of this act, and before payment of such refund the Secretary of the Interior, under such regulations as he may prescribe, shall require proof that the veteran has not been so compensated.

(b) Upon receipt of such application the Secretary of the Interior is authorized to investigate the facts and, in his discretion, to pay as a refund to any such veteran entitled thereto a sum equal to all amounts paid to the United States by such veteran, or for his account, as construction charges and as interest and penalties on such charges in respect of such unit. Every such refund so approved. by the Secretary of the Interior shall be paid from the appropriation for the project on which the entry in question was made. (43 Stat. 956.)

NOTES

Refund on canceled entry.-The right of a veteran to refund under the act of February 21, 1925, of charges paid by him on a reclamation homestead entry which he relinquishes prior to receipt of final certificate and within one year

after the passage of the act is not defeated by action of the Government in canceling the entry, for sufficient reasons, independently of the relinquishment. (Fred E. Hargis, departmental decision January 21, 1926, 51 L. D. 329.)

The act of February 21, 1925, is applicable only to public lands and does not authorize refund of charges paid on a water-right application for the irrigaion of land in private ownership. (Lawrence W. Crehore, 51 L. D. 345.)

Error in wording. The word "after" in the following clause of section 2, act of February 21, 1925-" who no longer retains such entry because of cancellation by, or relinquishment to the United States after "-is meaningless, was inadvertently retained in the process of legislation, and should be ignored. (Fred E. Hargis, 51 L. D. 329, supra.)

Regulations. For regulations approved by the department under this act see C. L. 1400, April 17, 1925.

Sec. 3. [Benefits accruing to estates of veterans-Relinquishment of rights on acceptance of refund.]-(a) The estate of a veteran shall be entitled to the benefits of this act in any case where the veteran, if living, could have availed himself of such benefits. Application for such benefits shall be made by, and payments thereof shall be made to, the executor or administrator of such estate.

(b) A veteran (or his estate) accepting in respect of any farm unit the benefits of this act, shall be deemed thereby to have relinquished, in accordance with regulations prescribed by the Secretary of the Interior, all right, title, or interest of such veteran (or estate) in such farm unit and any improvements thereon. (43 Stat. 956.) Sec. 4. [Cancellation of water rights.]-The Secretary of the Interior is authorized to cancel any application for permanent water right for any farm unit in respect of which a veteran (or his estate) has received the benefits of this act, and to terminate all rights and liabilities of such veteran (or estate) in respect of such application. (43 Stat. 957.)

Sec. 5. [Regulations by Secretary of Interior.]-The Secretary of the Interior is authorized to make such regulations as he deems necessary to execute the functions imposed upon him by this act. (43 Stat. 957.)

THE YUMA MESA

Joint resolution to authorize the appropriation of certain amounts for the Yuma irrigation project, Arizona, and for other purposes. (Pub. Res. No. 51, February 21, 1925, 43 Stat. 962)

[Sec. 1. Amounts authorized to furnish water-Moneys received to be covered into reclamation fund-Installment payments-Existing contracts to conform to payments.]-That there is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $200,000, to be paid out of the reclamation fund established by the act of June 17, 1902 (Thirty-second Statutes, page 388), for operation and maintenance and completion of construction of the irrigation system required to furnish water to all of the irrigable lands in part 1 of the Mesa division, otherwise known as the first Mesa unit of the Yuma auxiliary project, authorized by the act of January 25, 1917 (Thirty-ninth Statutes, page 868), as amended by the act of February 11, 1918 (Fortieth Statutes, page 437): Provided, That all moneys received by the United States in payment of land and water rights in said part 1 of the Mesa division, beginning one year from the date this act becomes effective, shall be covered into the reclamation fund until the sum advanced from said fund hereunder is fully paid: Provided further, That the purchase price of land and water rights hereafter sold in said part 1 of the Mesa division shall be paid to the United States in ten equal installments, the first of which shall be due and payable at the date of purchase, and the remaining installments annually thereafter, with interest on deferred installments at the rate of 6 per centum per annum, payable annually; and the Secretary of the Interior is authorized, at any time within one year from the date this act becomes effective, to amend any existing uncompleted contract for the purchase of land and water rights so that the aggregate amount of principal and interest remaining unpaid under such contract may be paid in ten equal installments in accordance with the conditions of this proviso, beginning with the date of amendatory contract: And provided further, That land and water rights in said part 1 of the Mesa division heretofore or hereafter offered at public sale under said act of January 25, 1917, and not disposed of at such public sale may be sold later at private sale at not less than $25 per acre for the land and at $200 per acre for the water right. (43 Stat. 962.)

EXCHANGE OF LANDS, NORTH PLATTE PROJECT

An act providing for an exchange of lands between Anton Hiersche and the United States in connection with the North Platte Federal irrigation project. (Act February 25, 1925, ch. 325, 43 Stat. 980.)

[Sec. 1. Exchange of lands with Anton Hiersche-Release of damages to lands conveyed-Removal of improvements-Conditions in patent.]That upon proper execution and delivery by Anton Hiersche 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 reservoir purposes in connection with the North Platte Federal irrigation project in Nebraska and Wyoming, to wit: The northeast quarter; north half of the northwest quarter; southeast quarter of the northwest quarter; north half of the southeast quarter and southeast quarter southeast quarter of section 16, township 23 north, range 54 west, sixth principal meridian, Nebraska; then in exchange for such lands so conveyed the usual patent shall be issued by the United States to Anton Hiersche, conveying to him the following-described lands: The northeast quarter of the northeast quarter; south half of the northwest quarter of the northeast quarter; south half of the northeast. quarter; south half of the north half of the northwest quarter; south half of the northwest quarter; and the southeast quarter of section 22; and the southeast quarter of the northeast quarter; and the east half of the southeast quarter of section 15, all in township 23 north, range 54 west, sixth principal meridian, Nebraska, excepting therefrom rights of way thereon for ditches or canals constructed by authority of the United States: Provided, That said deed to the United States shall release the United States from all damages to said lands in section 16 suffered by said grantor Anton Hiersche on account of the construction, operation, and maintenance of the said irrigation project: Provided further, That said grantor shall be permitted within a period of six months after the date of said deed to remove his improvements from said land in section 16: Provided further, That the patent from the United States shall contain language (a) by which the United States shall be released from all claims for damages to said land in section 22 by seepage from existing or proposed reservoirs constructed or to be constructed in connection with said irrigation project, and (b) by which the title of the grantee shall be held subject to a lien in favor of the United States to secure the payment of the project operation and maintenance and construction charges upon the irrigable area of the land patented hereunder. (43 Stat. 980.)