Page:United States Statutes at Large Volume 57 Part 1.djvu/30

 78TH CONG., 1ST SESS.-CH. 14 -MAR. 10, 1943 within such period the grantor or vendor or the grantee or vendee or any lien holder thereof shall, within thirty days from the date of such conveyance or contract, file in the office of the county auditor in the county or counties in which the land is located an affidavit describing the conveyance or contract and the consideration therefor. "(iii) That in the event that within such period such a conveyance of, or contract to convey, is made without filing within said thirty days the affidavit required in (ii) of this subsection, or is made for a consideration in excess of the appraised value, the Secretary, at any time within two years of the day on which there is filed for recording in the official county records the contract or deed involved, whichever is filed earliest in the event both the contract and deed are filed in a given transaction, may cancel the right of such estate to receive water from, through, or by means of the project works by a written notice of cancelation: Provided, That said power to cancel as to any given parcel of land may be waived by the Secretary at any time within said two-year period by a written notice of waiver: And provided further, That after any such cancelation a project water right for the estate involved may be acquired only on terms and conditions satisfactory to the Secretary. "(iv) That should any freehold estate in land covered thereby be conveyed or contracted to be conveyed within the period defined in (ii) of this subsection, the transaction, and any mortgage or other hen covering any deferred consideration thereunder, shall be subject to all the provisions of subsection 3 (b) hereof. "Any or all of the provisions of this subsection (c) required to be included in the recordable contracts may be made covenants running with the land when said recordable contracts expressly so provide. "(d) Each contract made pursuant to subdivision 2 (a) (ii) shall provide that no water will be delivered from, through, or by means of the project works except in accordance with the provisions and limitations of section 2 hereof. "(e) Each district contract may include provisions- "(i) Requiring that all lands within the district not covered by recordable contracts provided for under subsection (c) or otherwise not eligible to receive water shall be subject to assessment in the same manner and to the same extent as like lands eligible to receive water, subject to such provisions as the Secretary may prescribe for post- ponement in payment of all or part of such assessments but not beyond the expiration of the period during which the price limit under subsection 2 (c) applies. "(ii) That, without compliance with other provisions of State law for the exclusion of lands, lands may be withdrawn from the dis- trict by filing a written notice of withdrawal with the district board on or before such date fixed by such board between a date ten days after the official notice of the election on the contract between the United States and the district and the date of such election. The date limiting the time of such filing shall be announced in the official notice of the proposed election, and lands for which such notice is filed shall be deemed excluded from the district for all purposes as of the time of such filing. Thereafter lands so withdrawn and excluded so long as they remain in private ownership shall not be entitled to receive water from, through, or by means of the project works. "(f) Any instrument, action, determination, rule, or regulation of the Secretary or his duly authorized representatives under the anthor- ity of this section 2 which is or may be determinative of the title to lands or interest in lands in private ownership within the project shall be effective as to any given parcel of land, as against purchasers Cancelation of water rights. Waiver. Subsequent acqui- sition. Conveyance of free- hold estates; appli- cable provisions. Covenants running with land. Repayment con- tracts, provision. District contract provisions. Assessments. Withdrawal of lands. Effect of recording. 81077--44 -PT. I - - -2 17 57 STAT.]

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