Page:United States Statutes at Large Volume 57 Part 1.djvu/29

 [57 STAT. Excess land. "(iv) Lands within the project in excess of one farm unit held by any one landowner shall, except as otherwise provided in this Act, be deemed excess land: Provided, That if excess land is acquired by foreclosure or other process of law, by conveyance in satisfaction of mortgages, by inheritance or by devise, water therefor may be furnished temporarily for a period not exceeding five years from the effective date of such acquisition, delivery of water thereafter ceasing until the transfer thereof to a landowner duly qualified to secure water therefor. Definition of terms. "(V) As used in this Act, the terms 'owner', 'landowner', and 'any one landowner' denote any person, corporation, joint-stock associa- tion, or family; the term 'family' denotes a group consisting of either or both husband and wife, together with their children under eighteen years of age, or all of such children if both parents are dead; the term 'their children' includes the issue and lawfully adopted children of either or both husband and wife; and the term 'lands within the project' denotes those lands within the boundaries of the existing Columbia Basin irrigation districts, or revisions thereof approved by the Secretary, which the Secretary determines may be supplied water from, through, or by means of the project works and are required to be included to provide for sound development and opera- tion of the project. Lands shall be deemed to be held by a family, if held as separate property of husband or wife, or constitute a part or all of their community property, or if they are the property of any or all of their children under eighteen years of age. able contract by land- Execution of record- tt(c) As a condition precedent to receiving water from the project bownera y an and in consideration thereof, each landowner shall be required to execute, within six months from the date of the execution of the contract between the United States and the district within which the land is located, a recordable contract covering all his lands within that district, agreeing as to such lands for and on behalf of himself, his heirs, successors, and assigns to the provisions set forth in this Time extension. subsection (c): Provided, That any landowner, having failed to execute such a contract within this period, may be permitted to execute such contract within one year after the date of judicial con- firmation of the validity of the contract between the United States and the district but only in accordance with such rules and regulations as may be prescribed under section 8 concerning this privilege. coitractprovisions. iEach such recordable contract shall provide- ('lonforlmity to per- "(i) That the landowner will conform his lands by purchase, sale, or exchange at the appraisal values to the area and boundaries of the pertinent farm unit or units shown on the plats filed under ,isposal of excess subsection 2 (b) and will dispose of excess land then or thereafter l~. owned by him at its appraised value; that the Secretary is thereby given an irrevocable power of attorney to sell in behalf of the land- S.S.option. owner any such excess land at said appraised value: and that the United States is thereby given, without further consideration an option to buy any such excess land at said appraised value: Pro- vided, That sales under such power or such option, unless otherwise provided in writing by said owner, shall be only for cash and only such that surrender of possession by the owner of any area of excess lands then operated as a single unit for dry farming or grazing may be effected substantially at one time. Consideration ( (ii) in the to excee rai o (ii) That in the period from the date of execution thereof and value. to a date five years from the time water becomes available for the lands covered thereby, no conveyance of or contract to convey a free- hold estate in such lands, whether excess or nonexcess lands, shall be idait, made for a consideration exceeding its appraised value, and in con- nection with any conveyance of, or contract to convey, such an estate PUBLIC LAWS-CH. 14-MAR. 10, 1943 16

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