Page:United States Statutes at Large Volume 44 Part 1.djvu/1377

 1363 · · TITLE)43.-—·PUl visions for canccllamn andcollcction as provided in this chap- l tor for other operation and malntenanm charges, (Aug. 18, _ 1914;, c. M7, I 11, &-Stat. 6%;) · ‘—‘ ..  .· n _.  466. Surveys to correct errors or inequalities ln original Q basis of xoiect.—On eachprojcct existing prior to Deccmhcr'5, 1924, whore, in the oplnlonj or the Secretary, it appearé that on account of lack ot fertility in the soil, an inawquate water gupplyf or other pwmal Qcausca, lsattlcrs are unable to pay construction coats, or whenever lt appears that the cost of any reclamation project by. reason otherror or mistake or tor__ any hose has been apportioned or charged upon a smaller area of · land than the total area ot land under said: project; the Secretary is authorised to nmcrtakc a; compréhenstre and detailed survcpgxto ascertain all pertinent facts, and report in each case the result of meh `ahrvcyl to the Gongrcas, vnflth his_rccommenda· Q tions: Provided, That the cost and expense of each- such survey shall bc charged to the appropriation for the project on account l ot whlch the same is made; but shall not be charged as_ a. part of the conuruction _ or operation and maintenance wat payable hy the water users undcr the project. '_ (Dcc. 5,1924; c. 51, 5 4,· opl•acc.K,43Stat.703.) {   ‘ _   ° _ 7 467. Adjustgcnt of water charges: items included in. adjust-` ment.--In any adjustment ot water charges as provided in the preceding section all duo and. unpnldj charges. to the United States, both on account of construction and on account of operation and maintenance, including intcrest and penalties, shall hc added--in wch case to the total obligation of the water uaor, and the new total thus established _ shall then  the construction charge against the land in question,   5,- 1924; Kc. 4, §4,sx1bsec..L,43Sta!t.l7l)3Q)'  J, ··     2 468. Withdrawal of notice given and modiication of applications and contracts madcj prior to- February 13, 1911.-—The ‘ Secretary of the Interior may, in his discretion, withdraw any public notice issued prior —t0 February 13,· 1911, under section 419 of this chapter, and hc may agree to such modlhcation of watcr·rlght application; duly Bled prior to February 13, 1911, or contracts with water uacrs’ associations and others; entered into prior to February 13, 1911, aq he may deem advisable, or _ hc may conmnt to the abrogation of such water-right applications and contracts, and  ln all respects as ll-no such notice had been given.: `( Feb. 13, 1911, c._4.9, 38 Stat. -902.). ” 469. Increase in mstrnctioa chargmv-—No` increase ln the construction charges shall; latter TAl1fl18t' 13,1914, beinado,_ atm tw same have hem uxed hy public notice, except by agreement between the Secretary of tllc Interior I.Dd—I,'H1&jQl;lt]· or the sate:-right •m1cm.¤_¤¤o cntrymen to be affected by such lncrem, whereupon •,l1·»watcr4right Apvlicanta and entrymm lathe aroa‘proposed.to be alfected by the lncreand mane mall become subject thereto. Such lncrcasodj charge shall be added to the conatruction charge and payment thereot dlstrihotwn over the rmlnlng unpald‘inal1¤1i¤lo¤t¤ of construction charges: Provided, That- tho Secretary ‘ot the in·` tcrlor, ln his discretion, may new-to that. auch lncrcasod con-‘ ¢trnction` @arge shall ho paid ln additional annual installnmta, eam or which shall be at least equal to the amount of · the lnrgut installment no dxed for the project by- the public — notice theraofore loaned. ‘ And such additional installmentvot the lncreaged coooo·ocz1o¤‘euarge, as so agreed. upon, shall becomc doe and payable on  1' of each year °¤¤l>¤eque¤c to the year when the Goal installment of the construction charge under such public notice is due and ‘ payable: Provided f~=¢r¢hcr, That all auch  construction charges shall be subject to_ the uma conditions, pmltlw and suit or action an Provided in awtions 47*8, 480, and 481 ot this chapter., (Aug. 13, 1914, c. 247,} 4, 38—Stal» @7.) I ¢ · 470. Whoa workjncreaaing mnatruction charge may be undertaken;-—-No work shall be undertaken or expenditure made for any lands, for which tho construction charge has been.

BLIU LANDS § 475 nxed by public notice, which work or expenditure shall, in the · opinion of the Secretary of the Interiorjncreax the construe- , tion cost above the, construction charge so Bred; unless and `untll valid and binding agreemmt to YB%] the cmt thereot shall have been entered into between the, Secretary ot the Interior and the water-right applicants and- mtrymen. adected by such increased cost, as provided by the preceding section. (Mar. 3, 1915,`c, 75, S 1, 38 Stat. 861.) ° { _ _ 471, Initial U, payment and annual installments of charges generally.--Any entryman. or applidnt shall at the time ot making water·right application or entry, as the case may be, pay. into the reclamation fund 5 per centnm of tM construction clxargey Hxed for his·· land as an initial installment, and shall pay the balance of mid charge ln annual jmmments, The ilrst ot the annnal liistallments shall become dne and payable on December 1 ot- the ntth calendar ‘ year after tm initial installment: Provided,. That any water-ri@t nppllmnt or entryman. may; if he so elects, my the ywmle or any part of the construction charges owing by him within any shorter period: Provided further, f1‘hatfentry‘ mai he- made ivhenegrer water is available, as announced by tlfe; Secretary ot the Interior, and the initial Payment he made xbm the charge per acre is established. · (Kng,;13, 1914, c.- 247,} 1,.38 Stat. 6865 _47·2. · Installments- on entries or ‘appHca@ made after August 13, 1914, and prior to December 5, 1924;-Any person whose, nuns., after ··August 13, 1914, and prior to mcember 5, 1924, have ·bec0me·subject to the terms and éomltions et this chapter, and any, person who, after Angnst 13, 1914, and, prior _ to December 5,. 1924, has made entry therennder shall pay the balance of said charge after the initial payment in lifteen annual installments, the ‘ iirst nve, of which shall each he_·5 'per centum of the construction charge and the remainder l shall each be 7 per Centuxn until the rvhole amount shall have been paid, (AugZ 13, 19151, c." 247; H 1, 2, 38-.Stat, 688; Jnly ` 26,, 1916, c. 257, 39 Stat. 390.) . . · a g 473. Installmenta   contracts mide after December 5, 1924.--.after` December Q 1924, all project construction charges shall be made payahle in annual installments   on the productive power of the land as proilded in this section, The installment ot Qthe constrnction charge. per irrlgable acre pay- able each .·-` year shall-be 5*per centnm of the average gross annual acre income for the ten calendar years‘ nrst _ preceding, or for all years ot record it fewer than ten pm are available; of the area 1¤‘¤¤nuy¤u¤¤ ln the division or subdivision thereof ot the project ln which the land is located, as found by the Secretary annually. The decision of the Secretari as to the amount of an!. , such tnuallment shall be conclusive. These annual- payments, shall continue until the total construction charge against each unit is paid. (Dec. 5,1924, c. 4, `§ 4, snbsec. r,4s_sm,702.) p _. ~ "— - '· -474. Modiicntion of contracts eiisting prior to December 5, 1924.-—-'I‘he Secretary la authorized upon request to amend any contract existing prior to December 5, IW4, for n project water right so that it "yvill provide for paym@ ot the construction · charge thereunder in °nccordance` with e provisions or the preceding section or for the deferment ot such construction cl;large¤` for a period ot three‘yeors»trem December 5, 1924, or both. (Dec. 5, 1924, ci 4, 5 I4, subxc. F,.43 Stat. 702.) 475. Annual installments on entries anclpeontracts prior, to August 13, 1914.--·A.ny person whose land or entry has, prior to August I3, 1914, become —suhject_ to the terrns and conditions ` of thelreclamation law shall pay the construction charge, or the portion of the —· construction charge remaining unpaid, in twentj annual installments, the first of which shall become due and payable on December 1 of the rear in which the pnblic notice aHectjng his land is imued, and subsequent installments on December 1 ot each year. thereafterp The first foursof such installments shall each he 2 per centum, the next two install-