Page:United States Statutes at Large Volume 44 Part 1.djvu/2112

 .§3739,, j TITLE 43.-·-1=v in his discretion,_up<m the paymént of $1.25¤per acre, cauhe n , patent or patents in issue for such land tq any such citi · ·s Prg:;·£d6d, That where the area nr areas so held by any such citi-_1 zen is in excess of one hundred and sixty acres the Secretgry may determine what mrticnlnr subdivisions, not exceeding one _hnndred» and sixty acres in the aggrgate. to any such citizen ` mayrm patented hhreuncler: Provided issrther, That the term 0 cihzyen " as usedtherein ’ shall be held to include a cqrp0raticm organized under the laws not the United States or any State or Thrritary thereof. (June 8, 1926, c. 501, 44 Stnt. 709.) New section. ‘ ` _ _ Chapter 4 12.-—RECLAMATION'* ANDA IRRIGATION OF ` LANDS BY FEDERAL GOVERNMENT. ’ SW _ GENERAL PROVISIONS , 3?3a.·C»ommSsai0ner ot Reclannation ; appointment; salary. [New.] · 0 INSTITHTION AND CGNSTRUCTION OE PROJECTS ‘ {ua. Construction .0t dams; empldyment of consu-lting· engineers. I . {New.] . _ · . ` . ADMINISTRATION OF EXISTING ?1;0JEC’1*S. [New.] ._ 423. Permanently. unproductive land ; exclusion from project: dis- . _ pomtlrm ot water right. · . · ‘ 423a. Construction charges already paid; disposition ot. _ · 423b. 'Ifcmpcrariiy unpmductive lands; ·Bi18[l€II.SiOD. qt payment of con? 7 ptmcticn chargest _   _ _ . ‘ / ·£ 4232. Excha¤g=e’§‘u¤patent¤d entries ; entries, larmg, or private lands eliminated from project; rights nqt atssignablé; rights of lien holders —; preference to ex-service men. · .. _ . _ 4235. Ame:ndmcn.i7(§istihg watermight contracts by Secretary of _ interior · conclusiverxess of Secretary’s dedsion, _ ‘ ‘- 4232. Completion of new projects "01·` new division; execution of con-. tract with district as condition precedent tadelivcry of water; contents .0f contract; cooperation, ot Staten (with United I, , States; Iimitatinné on sale ot lands._’_ _ ‘ O  j 4231*. Purposof Act., ‘ . ._ . .. il 423g. Delivery of wnlteriduring-1.026. irrigation season notwithstandf , ing delinquency in payment 01 water-right charges. _ ‘ 42311. Adjustment of water-right charges as Qual adjudication on proj; ‘ acts and divisions named; · - · · _ ‘ CONSTRUCTION CHARGES * 463. Notices as to construction charges. [Repealed.} . - " 7** 467. Adjnstwant ct water cha.rgcs;_ items included in adjustment}. "` · [B€w@led.] ., _ l _ y ~i 473. Instalimehts on contracts made after .December 5, 1924. [Rc- . =pe&}§d.] I _ · . ·_  U, 479. 8hutt1ng cx-water Iqr unnpayment of construction gcharge. _ r ‘ §82.‘U!1§!‘0dBlCti"'$ lands ;. adjustment nt chgrges on exclusicmirom or "` _susp<ahsion of project. [Ney.] · . =Q ,_ ‘, · 1 MAWTENANQE AND 0I—?E§A,TION OF WORKS 'GENERALLY { 495. Shntting xs! water for ncnpayment ot~ oiwratiun éhgrge. 1 » Y 0 .1 GENERAL PROVISIONS. 1 ·‘ I 373a. Commissioner nf Reclamation; appbintmeht; salary.—~¢·0 , Under the snmrvisinn, and direction of the Secretary of tha, Interior, the reclamation ct arid lands, under the Act of J·bne‘ 17, IW2, and Acts amendatory thereotf and » supplementary l theretn, shall be admlnihtcrcd by n `Cozrtplssioner of Redman- y ( mm, who shall rccetve a salary. ot $10,000 per annum, and who shall be appointed by the President. (May %, 1026{ c. 401, gt 44 Stat. 657.) , A · ‘ * K 6 New mctinn. E INSTITUTION AND CONSTRUCTION DF PROJ`ECTS  , U 411a. flnnstmction of duns; ennployment nf gmsnlting engl- S necrs.-That_the Segrethry of the lntericr in authorized, in his S r judgment K-and discretion, to employ {nr mnrnltatlnn on the I 0 plans and specihcatinnh for my dnm prcwgd to be gsnnhtructcé  Q ‘ hy the Department ¤f_ the Int?·lnr, the servings of not morn { than three experienced anginee h, determined by him to have t the {necessary qnalincations, without rmnrd in `dril-service 2 ”$·· iméan gnguna be iralngxma ·•l¤ énis ¤u¤¤.··° ll     _ 0 0 - ¢ The provisions ct the Act nt June 17, 1902, referred to in the téxt. are found; in a. number ot sections throughout ghaptar 12 of this title 'iu the Code. · ti

BLIO LAND8 2998 requirements and at rates ot compensation to bc Bxcd by him }0r each, rwpcctively, but not to exceed $50 per day and necessary traveling expenses including a ’ per diem of not to exceed $8 in lieu ot subsistence for each engineer respectively, Knot exceeding in the aggregate more than $,506 for any emlnecr soemployed for the time employed and actually engaged upon such work: Provided,-That retired o§cers ot the Army éay be employed by the Secretary  of the Interior as consulting engl, nears in accordance with the provisions of this Act} (June 28, 1926, c. 704, .44 Stat, 776.) New section. . . ADMINISTRATTON OF EXISTING PROJECTS 423; Permanently unproductive lands; Qxclnsion frora proiect; disposition of ; water right.eAll lands found by the cleatilcation to be permanently unproductive shall be excluded from the project and no-water shall be delivered to thm after the date of ·~ such exclusion unless and until they are restored to X the project. Except as herein otherwise provided, the water right formerly appurtenant to such permanently _ unproductive as lands shall be disposed of by the ,'U¤ited» States under the reclamation law: Provided, _Thatt—thé water, asers on the proj-· ects shall have a. preference right to the use ot_-the water :` Asad prooided further, That any surplus water temporarily available may be furnished upon a rental basis for use on lands excluded from the project under this section, on` terms and conditions to be approved by the Secretary of the Interior, .- (May H; ` 1926, c. 383, $(41, 44 Stat. .647.) - ” _ New section. ~ F _ · . 423a. Construction charges already paid; dispoétion of.-- The. construction charges heretofore paid on permanently onproductive lands excluded troin the project shall be applied as a credit on charges dna or to become due on any! rmatning lrrigablc land corercd by the same water-fright contract er land taken in exchange as provided in section 44 of thisAAct.‘ It the charges so paid exceed the- amount of all ·watet·-·right charges due and unpaid, plus the construction &srg& not REE due, the balance shall `be paid in msliito the holder. oi the watenright contract covering the land so dclmlod at to the irrigation district atccted ;· which in ,turn_ shall be charged with the responsibility of makin: Suitable adjustment with the landowners involuedt Should all the irrlgbtle lands, of A water-right applicant be excluded from the project as permanently. unproductive, and no exchange beoxnade as provided in a section  hereof,‘ the total construction charges heretofore paid; less awny accrued charges on account of operation and ,n;aintenance, shall be refunded in cash, the water-right_contract shall, be canceled, and all liens on account of wnter·rignt charges shall bc released., {May 25, 1928, c.·3&, § 42, 44 Stat. 647.) · Nero section. · .— · A · l .42311; Temporarily unproductive lands; anspension of any- ment of construction charges.-~The payment of all construction sharges. against said areas temporarily un~pro1luctire`sl3a1l re—· nam suspended until the Secretary at the Interior {shall dezlare them to be possessed ot, su&clent producgtlve power prop-. erly to be placed in a paying class, whereupon payment of construction charges against sash arms shall be   A_ or shall ._ >egin as the case may be. T-V\i@e said lands are .so;<;lassldcd ls temporarily unproductive and the constructions charges against them are suspended, water for. irrigation purmscs may >a rarmssea upon myment ot the usual operation and maintenance charges, or such other eharaea as may be &x& by the- Becretary ot the Interior, the advance payment of which may le required, in the discretion of- the said ·SccrctaryL Should said lands temporarily   as unproductive, or any of them, · n the future be found by the Secretary or the Interior to be · °"S=¤ction 44** would he translated *·¤ectioa 423c ot this um in » he sppep,dix." · s ’
 * “Act" should be tr•.nsleted"'section.*’    _ ° . —’