COLUMBIA RIVER COMPACT ACTS EXTENDED

Joint resolution extending the provisions of the acts of March 4, 1925, and April 13, 1926. relating to a compact between the States of Washington, Idaho, Oregon, and Montana for allocating the waters of the Columbia River and its tributaries, and for other purposes. (S. J. Res. 154, Pub. Res. 63, March 3, 1927, 69th Cong.)

[Time extended for completion of compact by participating States.]That the provisions of the act of March 4, 1925, entitled "An act to permit a compact or agreement between the States of Washington, Idaho, Oregon, and Montana respecting the disposition and apportionment of the waters of the Columbia River and its tributaries, and for other purposes," and the act of April 13, 1926, entitled "An act authorizing the Secretary of the Interior to cooperate with the States of Idaho, Montana, Oregon, and Washington in allocation of the waters of the Columbia River and its tributaries, and for other purposes, and authorizing an appropriation therefor," be continued and extended in all their provisions to December 31, 1930.

28038-27-21

315

FEDERAL POWER COMMISSION LICENSES AFFECTING COLORADO

RIVER

Joint resolution restricting the Federal Power Commission from issuing or approving any permits or licenses affecting_the_Colorado River or any of its tributaries. (S. J. Res. 4, March 4, 1927, Pub. Res. No. 71, 69th Cong.)

[Sec. 1. Federal Power Commission directed to discontinue power permits on Colorado River.]-That the Federal Power Commission is hereby directed not to issue or approve any permits or licenses under the provisions of the act of Congress approved June 10, 1920, known as the Federal water power act, upon or affecting the Colorado River or any of its tributaries, in the States of Colorado, Wyoming, Utah, New Mexico, Nevada, Arizona, and California, until and unless the Colorado River compact, signed at Santa Fe, New Mexico, November 24, 1922, pursuant to act of Congress approved August 19, 1921, has been approved by the Congress of the United States, or in the event that said compact is not sooner approved, until March 5, 1929.

316

After the preceding pages had been set in type the Code of the Laws of the United States of America in force December 6, 1926, was received. The law enacting this Code and the part of the Code relative to the operations of the Bureau of Reclamation follow:

THE CODE OF THE LAWS OF THE UNITED STATES OF AMERICA

of a general and permanent character in force December seventh, nineteen hundred and twenty-five, consolidated, codified, set forth, and published in nineteen hundred and twenty-six, in the one hundred and fiftieth year of the Republic, at its first session, by the

SIXTY-NINTH CONGRESS

An act to consolidate, codify, and set forth the general and permanent laws of the United States in force December seventh, one thousand nine hundred and twenty-five. (Act June 30, 1926, ch. 712, 44 Stat., 777.)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the fifty titles hereinafter set forth are intended to embrace the laws of the United States, general and permanent in their nature, in force on the 7th day of December, 1925, compiled into a single volume under the authority of Congress, and designed "The Code of the Laws of the United States of America."

Sec. 2. In all courts, tribunals, and public offices of the United States, at home or abroad, of the District of Columbia, and of each State, Territory, or insular possession of the United States

(a) The matter set forth in the Code, evidenced as hereinafter in this section provided, shall establish prima facie the laws of the United States, general and permanent in their nature, in force on the 7th day of December, 1925; but nothing in this act shall be construed as repealing or amending any such law, or as enacting as new law any matter contained in the Code. In case of any inconsistency arising through omission or otherwise between the provisions of any section of this Code and the corresponding portion of legislation heretofore enacted effect shall be given for all purposes whatsoever to such enactments.

(b) Copies of this act printed at the Government Printing Office and bearing its imprint shall be conclusive evidence of the original of the Code in the custody of the Secretary of State.

(c) The Code may be cited as "U. S. C."

Chapter 12.-RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT.

Sec.

66

66

GENERAL PROVISIONS

371. Definitions; Secretary," reclamation law," "reclamation fund," "project," and "division of a project."

372. Water right as appurtenant to land and extent of right.

373. General authority of Secretary of Interior.

374. Sale of lands acquired in connection with irrigation project.

375. Sale of land improved at expense of reclamation fund.

376. Return of land donations not needed.

377. General expenses of Bureau of Reclamation chargeable to general reclamation fund. 378. Rent of office accommodations in District of Columbia.

Sec.

379. Purchase of scientific books, law books, etc.

380. Purchase of supplies, etc., without biddings.

381. Commissions of registers.

382. Assignments of pay by employees of Bureau of Reclamation.

383. Vested rights and State laws unaffected by chapter.

384. Extension of time for payment of charges accrued prior to March 2, 1924, and January 1, 1925.

RECLAMATION FUND GENERALLY

291. Establishment of "reclamation fund."

392. Payments into reclamation fund of moneys received from entrymen and water-right applicants.

393. Proceeds from sale of materials, etc.

394. Proceeds from sale of products of or leases of withdrawn or reserved lands. 395. Contributions by State, municipality, etc.

396. Return of contributions to cooperative investigations of projects.

397. Advances by Covernment for completion of projects initiated prior to June 25, 1910. 398. Sales of Government certificates to obtain funds for advances.

399. Repayment of advances.

400. Advances as item of cost of construction and maintenance of project.

INSTITUTION AND CONSTRUCTION OF PROJECTS

411. Surveys for, location, and construction of irrigation works generally; reports to Congress.

412. Prerequisites to initiation of project or division of project.

413. Approval of project by President.

414. Appropriation for projects essential.

415. Receipts applicable to projects generally.

416. Withdrawal of lands to be irrigated from and restoration to entry.

417. Reservation of easements in public lands for reclamation projects.

418. Private lands within project; agreement as to disposal of excess over farm unit.

419. Contract for irrigation project; notice as to lands irrigable, unit of entry, and construction charges.

420. Use of earth, timber, etc., from other public lands.

421. Acquisition of lands for irrigation project; eminent domain.

422. Construction of dams across Yellowstone River.

WATER-RIGHT APPLICATIONS AND LAND ENTRIES

431. Water-right applications generally; limitation as to amount of water; qualifications of applicant.

432. Entry under homestead laws generally.

433. Character and capital qualification of entrymen.

434. Amount of land for which entry may be made; farm unit; subdivision of lands. 435. Entries in excess of farm unit.

436. Time when entry may be made generally.

437. Lands as to which entries made prior to June 25, 1910, have been relinquished. 438. Exchange of farm-unit entry for lands in other project; credit for payments; preference to ex-service men.

439. Cultivation requirement as to entrymen.

440. Regulations as to use of water and requirements as to cultivation and reclamation of land; cancellation for noncompliance with requirements.

441. Assignment of entries generally.

442. Assignment between June 23, 1910, and January 1, 1913, confirmed.

443. Limitation of amount of land holdable under assignment of entry.

444. Leave of absence to entryman; entries prior to June 25, 1910.

445. Pretection of entries made prior to June 25, 1910; absence of water as excuse for failure to maintain residence or make improvements.

446. Right to make entry on relinquishment of former entry under land laws. 447. Relinquishment of homestead entry and making new entry.

448. Desert-land entries within reclamation project generally.

449. Assignment of desert-land entry within project.

CONSTRUCTION CHARGES

461. Determination of construction charges generally.

462. Classification of irrigable lands and equitable apportionment of charges. 463. Notices as to construction charges.

464. Increases of charges on failure to make water-right application.

465. Charges for water service prior to notice of construction charge.

466. Surveys to correct errors or inequalities in original basis of project.

467. Adjustment of water charges; items included in adjustment.

468. Withdrawal of notice given and modification of applications and contracts made prior to February 13, 1911.

469. Increase in construction charges.

470. When work increasing construction charge may be undertaken.

471. Initial payment and annual installments of charges generally.

472. Installments on entries or applications made after August 13, 1914, and prior to December 5, 1924.

473. Installments on contracts made after December 5, 1924.

474. Modification of contracts existing prior to December 5, 1924.

475. Annual installments on entries and contracts prior to August 13, 1914.

476. To whom construction charges paid.

477. Association or irrigation district as fiscal agent of Government.

Sec.

478. Pecuniary penalty for nonpayment of installments of construction charges. 479. Shutting off water for nonpayment of construction charge.

480. Cancellation of water right or entry for nonpayment of construction charge. 481. Action to recover construction charges and penalties.

MAINTENANCE AND OPERATION OF WORKS GENERALLY

491. Authority of Secretary to operate works.

492. Operation and maintenance charges generally.

493. Operation charges; when payable.

494. Pecuniary penalty for nonpayment of operation charge.

495. Shutting off water for nonpayment of operation charge.

496. Cancellation of entry or water right for nonpayment of operation charge. 497. Action to recover operation charge and penalty.

498. Transfer of management and operation of works to water users generally.

499. Discretionary power to transfer management.

500. Duty of association or district to take over management.

501. Disposition of profits of project taken over by water users.

CONTRACTS WITH STATE IRRIGATION DISTRICTS FOR PAYMENT OF CHARGES

511. Authority to contract with irrigation district.

512. Release of Government liens after contract with irrigation districts.

513. Lands in project subject to provisions of chapter; after contract with irrigation district.

SALE OR LEASE OF SURPLUS WATERS, WATER POWER, STORAGE CAPACITY, AND WATER

TRANSPORTATION FACILITIES

521. Sale of surplus waters generally.

522. Lease of water power.

523. Storage and transportation of water for irrigation districts, etc.

524. Cooperation with irrigation districts, etc., in construction of reservoirs and canals. 525. Covering proceeds into reclamation fund.

526. Credit of proceeds to particular project.

PATENTS AND FINAL WATER-RIGHT CERTIFICATES

541. When patent or final certificate issued.

542. Reservation of lien for charges; enforcement of lien; redemption.

543. Certificate of final payment and release of lien.

544. Limitation as to holdings prior to final payment of charges; forfeiture of excess holding.

545. Appointment of agents to receive payments; record of payments and amounts owing. 546. Jurisdiction of district court for enforcement of preceding sections.

547. Patent to desert-land entrymen.

TOWN SITES, PARKS, PLAYGROUNDS, AND SCHOOL SITES

561. Withdrawal of land for town sites; reservation for public purposes. 562. Appraisal and sale of town lots.

563. Disposal of town sites set apart prior to June 27, 1906.

564. Reappraisal of town lots for sale.

565. Terms of sale of town lots; installments of price.

566. Maintenance of public reservations and conveyance to municipality.

567. Water rights for towns and cities; charges.

568. Use of reclamation fund for expenses of and disposal of proceeds of sale of town sites.

569. Reservation of land for park, playground, or community center.

570. Conveyance of land to school district.

581. Definition;

66 veteran."

REFUND TO WAR VETERANS

582. General authorization for refund to World War veteran.

583. Right of estate of veteran.

584. Relinquishment of rights on acceptance of refund.

585. Cancellation of water-right application.

586. Regulations by Secretary as to refunds.

LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY

591. Boise project, Idaho; extension of time for payment of charges.

592. Castle Peak project, Utah; leave of absence to entrymen.

593. Flathead irrigation project, Montana.

594. Heyburn and Rupert project, Idaho; rights of settlers on town site; size of town site. 595. King Hill project, Idaho.

596. North Platte irrigation project, Nebraska-Wyoming; aid of ex-service men whose entries were defeated.

597. Riverton project, Wyoming.

598. Salt River project, Arizona; sale of water power.

599. Yuma project, Arizona; entries by residents on lands withdrawn for project.