Page:United States Statutes at Large Volume 44 Part 1.djvu/1380

, \. . §· 513  ‘ ¥ 1·..m·Ln 4.:.-T contnined in stock subscription contracts to such association: . when the lands covered by such lienslshall be Subject to asm ` ment and levy for the collection of ali. moneys due and t become dne to the United States hy irrigation districts forme pursuant to State law and with which the United States sha] have entered into contract therefor: Provided, That no enc? liense reserved ‘to‘the United States ug any DQR-mt or water right certincate shall  released until the owner of the lancovered by the lien shall consent invvrltlng to `thevassessmem levy, and collection by such irrigation district of taxes again midiand for the payment. to the United States of {the contrac obligation: Pfov€ded_f••rther,— That before any lien is release underpthis section the Secretary of the In_terlor_shal1 file H written reporta finding that the contracting`irrlgation‘ district} legally organized nnder thelaws of the State in which its-land are located, with full power to ente1·.i1rto the contract-and t~ collect by assessment andlevy against .the lands of the distric the amount of the contract obligation. _ {May 15: 1922, c.-19( §_2,42Stat.542.) - _ » _ " ‘ " - 513. Lands in project subject to provisions of chapter; 'aftei contract with irrigation "district.g-—Upon thei execution of ·an; _ contract between the. United States and any irrigation distric U ; pursuant ‘to the two: preceding sections the °_ public lands- in ‘ cluded within such irrigation district; when subject to entry, am entered lands  such irrigation ’(uS1Z1'iCt,. for which no Eng certificates shall have been issued and which may be_ designate by the Secretary of the Interior in said contract,. shall be. sub ject to all. the provisions of·chapter_`13 of"this°title: Provided That no niap ’or plan as required by section 623 of the sale chapter need_ be Bled by the irrigation district. for approva by the Secretary of the Interior. `. (May 15, 1922: c. 190; S 3 42-Stat; )·  SALE ORLEASE OF SURPLUS WATERS, WATER POWER STORAGE CAPACITY, AND WATER TRANSPORTATIOD mcxmrxms j · s t _— j ‘ e 521. Sale of surplus waters generally.—g-The·Secrefary of the Interior in connecdon with ·the operations ,_ under 'the reclama tion law is authorized to enter into- contract to supply wate1 from any project irriga tion. systein for other purposes tha:, irrigation, `upon such mmuuous of delivery, use, and paymem · as he may. deem proper: Provided;   ·the approval of sucl contract by the `water-users’ association or associations shal have nrst been obtained: Provided, That no such contract shall be entered intoexcept upon a showing. dxat there is nc other practicable source ·'of water supply for me purpose: Provided further, That no water. shall be furnished for the .uses_ aforesaid it the delivery of such water shall be detrimental to the- water lservicer for such irrigation project, non to the rights of any prior appropriatorz _-Provided further That the menejs derived from such contracts. shall be covered Into the reclamation fund and be placed `toithe credit of the project from which such- water ie supplied. _(Ii‘eb. 25, 1920: c. 86, 41 Stat. 451.) ·. . ° ·_ . U- ·- _ ` 522. Lease of waterf ppoirer.-—·Whenever a development 01 power is necessary for the irrigation of lands, under any project undertaken under the `saidxeclamation- law, or an op- · portunlty is z{tl’orded_ 'for the development of power under any auch project, the ‘·Secretary of the Interior is authorized tc lease for a period not exceeding. ten years, giving preference to municipal purposes, any surplus_povi·er ?or power privilege, and the moneys derived from such leases shall he coéered into the reclamation fund and be placed to the credit of the project from which ,such` power is derived: Provided, That nc lease shall be made of-_such snrpluapower or power privileges ns will impair the emclency of the irrigation project: Provided jurther, That the Secretary of the Interior `is authorised, in his discretion, to make such a lease in c0nne<:i;ion -with Bio

»1>vsL1o LANDB 1366 g, Grande project in Texas and New Mexico for · at longer period o association or associations under any such project, organized d in conformity; with the rules and regulations prescribed 'by the Ll Secretary of the Interior ln pursuance of section 498 of this h` chapter. (Feb. 24,.1911,c. 155, `36 Stat.  · r- _Q 523. Storage and transportation of water for irrigation diad tricta, etci—e·Whenever my carrying out th? Provisions of ·-the t, reclamation law, storage or carrying capacity has been or may at be provided in rexcem of the requirements of the lands to be rt irrigated under any project, the Secretary of the Interior, pred_ serving a first right to lands and entrymen under the 'project, a· is hereby authorized, upon such terms aa he may determine an to‘ be just and equitable? to COIlt1'8¢!t_ for the impounding, as storage, and carriage of ·water;to . an extent _‘not exceeding 0· such excess, capacity with irrigation systems operating under ft; chapter 14 of thiatitle, hewn as the Carey Act, and indiyidne },‘ als, corporations, "aésociationa, andirrlgation districts ornnlzed for or engaged in furnishing or in   iater for irriga- 1‘ tion, Water ao impounded,..stored,· or carried under any auch Y eont ract shal1·`be `for the purpose of distribution to individual t water users by the party with whom `the contract is made: Provided, however, That water soiznpounded, stored, or carried 1- fshall not¥be used otherwise than as  by law as to .l` lands .heId` in private “ownerahip ·withln Goyernment reclamae Ll tion projects. `In nxlnglthe ¤h under any auch contract >-_ for lmpoundliag, storing, or carrying_ water for any irrigation L systemr corporation, association, district, or individual; as here- 1 in provided, the -_Secr-etary shall take into consideration the ,1 cost of construction and maintenance of the reservoirby whié L such water is to be lmponnded or  and  anal by which » tt—is.to be carried, and such charges shall be imtand equitable p `as to water nsers under the Government project. No irrigation Q system, district, association, corporation, or indlirIduaIl”i»"o“lcliin?i tracting shall _ make- any dnarge for the storage, carriage, er delivery `of‘ such water in eaceu of the charge 'paid to the =:_` United _ States except to such extent as may be') reasonably · necessary to cover cost of carriage and-delivery ofsuch water r` through `theirrworksy (Feb.  1911,*c. 141, { 1, 36 Stat.` 95;) 1 524. Cooperation with irrigation dkntricty etc., in cmatruct tion ofreaeryoirs and canala.—In·carrylng out the provisions ef 1 the reclamation law, the Secretary of the Interlor la authorized, l upon auch terms aamay be agreed upon, to cooperate with t- irrigation districts, 'water·usera’ associations, » corporations, > entrymen or water useré for theconatrnction or uae of m&
 * not exceeding fifty years, with the approval, of the water-users’
 * reservoirs, canalaiyor ditches as maybe advan¤ used

a by the Government Land irrigation districts, water·usera’ amo· - ciations, corporations, entrymen or water users for impoundlng, r delivering and carrying water for irrigation purposes: Pro- ,~ vided, That the title to and management of the worka so conl structed shall be subject to the provisions of aectjen 498 of e-‘ this chapter: Provided tecrtlwr, That water shall not be fur- , 'nlahed from any such reservoir or delivered through any such canal or ditch to; any one landowner ln excess of an amount B sutnclent to lrrigate one hundred and sixty acres: Provided, · That nothing contained infthla or the preceding section shall be · held or construed an enlarging or attempting to enlarge the r right of the United States, under ekistlng law, to control the » waters of any stream in any State. (Feb. 21, 1911, c. 141, .§_`2, » 86·Bt&t. 926.) l V ‘ A I _ _` _ , ‘ 525. Covering proceeds into reclamation fund.——The moneya l' received in `pursuance of the contracts authorized by the two » preceding sections shall be covered into the reclamation fund »‘ and be avaliable for me under the terms of the reclamation law, n (Feb.‘21, 1911, c. 141, I 8, 86 Stat. 928.) — K ' 1 526, Credit of  to particular project.-—·All moneys or n pronto as determined by the Secretary heretofore or hereafter » derived from the sale or rental df surplus water under the