Page:United States Statutes at Large Volume 49 Part 1.djvu/1953

 1908 74TH CONGRESS. SESS. II. C H. 756. JUNE 24,1936. transferred to other producing lands, as the owner of such perma- nently unproductive lands may designate in writing. The released water rights theretofore appurtenant to such permanently unpro- ductive lands shall be transferred to other productive lands, as the said Secretary may designate and under such regulations as he may prescribe. SEC. 3. After the plan prescribed in section 4 hereof becomes effecti ve, all operation and maintenance charges shall be estimated annually by the Secretary and collected in advance on the Orland project on or before January 1 of each year for that calendar year, and no water shall be delivered to any water user failing to make s uch advan ce paymen t. Should the estimate by the Secretary of the amount of the operation and maintenance charges for any calendar year or the collections from water users for such year prove to be too small, the water users shall be required to make a further pay- men t in adva nce of th e additi onal amou nt then estimated to be sufficient to meet the remainder of the operation and maintenance cost for that year, and the delivery of water shall not be continued (a) to the project unless said additional amount is paid to the United States, or (b) to any water user failing to pay his propor- tionate share (as determined by the Secretary) of such additional operation and maintenance cost. Overpayments resulting from too large estimates for any year shall be adjusted by credits upon suc- ceeding years after the amount of the overpayment is ascertained. Consolidation with SEC. 4. For all water users executing supplementary contracts c onst ruct ion co st of Stony Go rge R eser- as permitted herein their proportionate share, as determined by the voir, up on executing supplementary eo n- said Secretary, of the operation and maintenance charges for the tracts. first year in which this plan is made effective for the Orland project, by the execution of this agreement by at least 90 per centum of the water users of the project, as conclusively determined by the Secre- tary, shall be conso lidated with the construction cost of the Stony Gorge Reservoir and paid when such construction cost is paid as he rein permi tted. Wa ter u sers faili ng or refu sing to ex ecute such supplementary contracts shall not be accorded the benefit of this Act, nor shall they receive the benefit of any moratory construction charge legislation enacted in 1936 or thereafter unless otherwise specifically directed in such moratory legislation. SE C. 5 . An appropriation of $35,000 from the reclamat ion fund for the Orland project is hereby authorized to enable the Secretary to mak e the land clas sific ation prov ided for i n sec tion 2 her eof a nd to construct canals and other works necessary to conduct to new project lands the water supply to be released hereunder from per- manently unproductive lands. The primary construction charge of $55 per acre on such new lands shall be payable in installments as provided in section 2 of the Act of August 13, 1914 (38 Stat . 687). The supplemental construction char ges for the new land shall be the same as for the old land, except that each acre of new land shall be required to pay in addition its proportionate part, as determined by the Secretary, of the construction cost of new work as author- ized in this section. The supplemental construction charges for the new land shal l be payab le in inst allme nts o ver a peri od of thir ty- five years, the first of such installments to be due one year after the due date of the last installment of the original construction charge on the new land. The supplemental construction charge install- ments for the new land shall be graduated in the same manner as for the old land as provided in section 1 hereof. The dates for the payment of the construction charges provided for in sections 1 and 5 hereof shall be as fixed by the said Secretary. Transfer of water rights to oth er prod uc- tive lands. Annual estimate of operation and maint e- nance charges. Adva nce payments. Further payment if estimate inadequate. Adju stment of ove r- pa yments. Amount authorized for land classification, co nstr ucti ng can al s, e tc. Primary co nsti ue- tion char ge install- ment payments. Vol. 38, p. 687. Supp lemen tal str uction charge s. con.