Page:United States Statutes at Large Volume 44 Part 1.djvu/2113

 2099 TITLE 43.-—PUlE permanently, unproductive, the charges against them shall be. < charged oa as a permanent loss to the reclamation fund and 1 they, shall thereupon be treated in the same manner as other·· `i permanently unproductive laxids as provided inthis Act." (Mays 1 25, 1926, c. 383, § 43, 44 Stat.»647.)_ c ] ‘ ” New section. * _ _ ’, 4234:. Exchange of unpatented entries; entries, farms-or privgte  elianinated from project; riglita not aaeignable; .· rights of   preference te ex-service men.-—Sett1ers _· who have unpatented entries under anyof the public land laws i •V embracing lands which have béen eliminated from the project, 1 — er whose entries under water rights lhaverbeen so reduced that l the remaining area is lnsumcient to support- a family, shall be * entitled to exchange Their. entries for other public lands within T the same project or any other existing Federal reclamation I project, with credit undér the homestead law  for residence; é° improvement,. and cultivation made lor performed by them upon ‘ their original entries and with crqdlt- upon the new entry for any construction charges paid upon or in connection · with the erigiraal entry}- Provided, That when satisfactory dual proof has been made on the original entry- it shall not be necessary to submit Baal prec! upon the lieu entry. Any entryman whose ’ entry or farm unit is reduced by the elimination ot— perma- _ neatly. nuprodactire land shall he, entitled to enter an equal amount of available public. land on the same project contiguous to or in the vicinity ct thefarm unit reduced by ellgnination, with all credits in this section herelnbefore Zspecided ln lieu of the lands eliminated. Owners of private lands so eliminated from the project may, subject tq the approval as the Secretary ` er the Interior, and {nee frcinall eucumbrances,`relinqnish and convey to the United States lands so owned and held by them, ect exceeding an arm ct one hundred and sixty acres, and I select an equal area of vacant public land within the lrrigable j area et the same or any other Federal reclamation _ project, L with credit upon the construgtioa costs of the lands selected 1 tc the extent and  the amount paid upon or ln connection with their réllnqulshed lands, and the Secretary of the Interior is herwy authorized to revise and consolidate farm units, sa tar as this may be made necessary or advlmble, with a view-M f to mhz; cet the provisions at this section: Pmvidcd further, 1 'Hxat the rights extended under thk sectlen shall not be assign- ·‘ able: And, provided fart!-er, That la administering the pro- · · visions ot this sectiewand section 42,‘ the Secretary of the In-_ ` terior shall take late consideration the rwts and interests ot llea holders, as to him may seem just and equitable-: Pro- T vidcde further, ’1‘hat_where two eatryw apply for the same 1 . farm unit under the exchange prazvlaons of this section, only _ one ’ whom. is an ex-service man, as detlned. by the joint resell!-L ties: · of January 21; 1922 (Forty-second Statutes, page 358),‘° · the ex·servlc·e man shall have a preference la making such ex-‘ change. (May 25, 1926, c. 3%, Q 44, 44 {Stat. 648.) _ New section. , ·_ h " ~423d. Amemmeat of exiating sister-·right‘ contracts by Secretary of laterbr; caacluiveness of Secmtnrfs de¢lsiaa.—-—- The Secretary at the Interior is herehymutherlzed, ln his discretien, td amend any exleting wateprlght contract tc the extent necesmry te carry out the pravlsians 01 mis Act.] upon request  s at the helder as such contract. The Secretary of the Interior.  ·»* as a condition preeedent to the amendment ear any existing  ‘ Water-right eontract, shall require the execation of a contract by a water·users’ amcclatlen or irrigation district whereby auch l association or irrigation- district Sh&u·*b¢°I`6Q\1il‘8d to parte the ‘ Unlg §tates, without, regard to default la the ,myment at ’ “_Thin act " sagem he translated ·• eeeuea; 423. to 42311 ot thlls r title ia the •p—pe¤~dlx." ‘ - . _ 2 " ` '“ Scctim-42 " should be tranalatcd _“ section 423a of this chnpter.” ’ ",0¤e whc¤" should read ‘f eee at whom? _ ·. _ ‘ ’·’ “The joint raaelatsea etxan. 21, 1022 (Ferty-secead Statutes, page 858),*f ahatrld he translated Meeting 4a8·ot thu- tltle.” · t


 * 1,10 msvzys §423e

zharges againstany individual farm unit or tract of irrignble land, the entire charges against all productive lands remaining in the project after the 'permanently`unprcduetive lands shall have been eliminated and the charges against temporarily nnproductive areas shall have been suspended in the manner and to the extent authorized and directed by this Act} t The Secretary is authorized, in his discretion, upon request of individual. water users or districts, and upon performance of the conditionprecedent aboveaet forth, to amend any existing water·right contract to provide for increase in the time for payment of construction charges, which have not 'théu accrued, to the extent that maybe necessary. under the conditions in each case, subject to the limitation that there shall be allowed for re-. payment not morethan forty. years from the date the Erst pay- ment matured under the.original_contract, and also to extend the time for payment of operation and maintenance or water rental charges due and nnpaid for such period as in his judgment may H necessary not exceeding five years, the charges so extended to bear interest payable annually at the rate ot 6 per centmn per annnm until paid, and to contract for the payment ot the construction charges then due and unpaid within each term et years as the Secretary may dud to be nece®ry, with `gtereat payable annually at the rate of 6 per centmn per annmn nnttl paid. · The Secretary is further authorized, inhis discretion, to gqnt the relief provided for in section 4, ‘Act_ of · December 5, ISQ4 ( I?0rty-third Statutes at Large, page 701), to any oi the projects mentioned in this Act,' without requiring such project to take over iibé-('&_l;Q, operation, andrhaintenancepf the projects workin. The decision of the. Secretary as to the necessity for amending any such contract shall be conclusive: Provided, [that noth-_ ing in this Act `shall prevent the execution of any contract heretofore negotiated or in connection with which negotiations have been heretofore opened int good faith or which my be hereafter opened in good pit};/nnder me Act approved. Deember 5, 1924 (Forty-third Statutes at Large, page 701),“ and wnich shall be cxecnted_on or before January 1, IWT, anim the water risers adected elect tojoave the contract  by this section: Provided ·fu1;;hér, That in   execution of any contract provided for ln`the last - proviso, the Secretary ot. the Interior shall have. authority. to arrange for pnymnt of con-- struction charged by any project or division for the calendar years 1926, 1927,, and 19% in proportion to the state of devel-. opment ot the project in ,o. fthme years: Pmn% farther, That the Secretary ot the Interior is authorized tocomplete and exe= _ cnte the supplemental contract, new  negotiated and which has been approved- as to form by the Secretary, between the United States and the Belle Fonrche Irrigation District am at the expiration of said supplemental contract to enter into ‘a permanex1t·contract;on behalf of thetllnited Staten with said District "in accordance with. the terms of said enpplemental contract._ (May 25, 1926, c. 383, i 45, 44 Stat. 648.) ` _ _ New section. `· V _ i . ' 423e. Completion of new? projects or new division; execution of contract with diatrict as condition precedent to ·delivery` of water: contents of contract: cooperation of States with Unitw States; limitations on sale of land.—··—No watensnall be delivered upon the completion of any new? project or new division of a project until a contract or contracts in {crm approved by the Secretary of the Interior shall hayebeen tnade with on irrigation district or irrigation districts organised nndgr State law providing for paymentliy the district or districts of the cost of constructing, operating, and maintaining the workn dm·in;.;` the time they are in control of the United Staten, each dust of _ constructing to- be repaid within su»cln_‘ternns `of yearn as the • •·1•nt¤ not " would be translated ·• secttonn 423`to 4235 or this title in the appendix. . — l ·· _ ~· ¤Sect.io¤ 4 ot Acta! Bec.`5, 1924, referred to in this section, constitntes various section; of this title in the (‘odc,·hi·ginning with Q 371 and following, though. notacoaaecutlvclx, tojtho end ot the chapter.