Page:United States Statutes at Large Volume 62 Part 1.djvu/1198

 PUBLIC LAWS-CH. 767 -JUNE 30, 1948 Contracts. Fort Hall town site. Exclusion of certain lands from project. Cancellation of con- struction costs. Water rights. section 1 of this Act, and the two hundred and forty and ninety-one one-hundredths acres, more or less, included in eight additional tracts of land described as follows: (a) An irregular shaped area in the northeast corner of the east half southwest quarter southeast quarter of section 36, township 5 south, range 33 east, Boise meridian, contain- ing one and seventy one-hundredths acres; (b) an irregular shaped area lying along the east side of the Fort Hall Main Canal in the west half of section 35, township 5 south, range 34 east, Boise meridian, containing twenty-eight and seventeen one-hundredths acres; (c) an irregular shaped area lying along the east side of the Fort Hall Main Canal in the south half of section 14, township 6 south, range 34 east, Boise meridian, containing forty acres; (d) a portion of the northwest quarter northeast quarter of section 23, township 6 south, range 34 east, Boise meridian, containing thirty-three and forty-two one-hun- dredths acres; (e) Fairview Park in the east half southwest quarter southwest quarter northeast quarter and west half southeast quarter southwest quarter northeast quarter of section 23, township 6 south, range 34 east, Boise meridian, containing ten acres; (f) the east half northeast quarter northwest quarter of section 23, township 6 south, range 34 east, Boise meridian, containing twenty acres; (g) an irreg- ular shaped area lying along the east side of the Pocatello lateral in section 23, township 6 south, range 34 east, Boise meridian, containing ninety-seven and sixty-two one-hundredths acres; and (h) the south- west quarter southwest quarter southwest quarter of section 24, town- ship 6 south, range 34 east, Boise meridian, containing ten acres. The above-described tracts of land, together with such lands in the portion of the village of Alameda lying between the Pocatello lateral and the Oregon Short Line Railroad right-of-way in section 23, township 6 south, range 34 east, Boise meridian, as (notwithstanding their inclu- sion in the irrigable acreage shown by the maps and plats hereinabove mentioned) have no water right at present, shall be entitled to receive, or to continue to receive, water through pumping operations or by gravity flow, provided the respective owners thereof, within five years from the date of the enactment of this Act, enter into contracts whereby they agree (1) to pay their proper proportionate share of the project construction costs of $18.12 per acre, as these costs are defined in the report referred to in section 1 of this Act, for such of their lands as do not now have a project water right, (2) to pay their proper proportionate share of the project rehabilitation and improve- ment costs of $15.10 and not to exceed $7.50 per acre, respectively, for such of their lands as are not now covered by contracts for the repay- ment of such costs, and (3) to install, maintain, and operate, at their own expense, pumping machinery to lift the water from the project canals or laterals for the irrigation of such of their lands as cannot be supplied by gravity flow. The noninclusion of the Fort Hall town site within the net irrigable area of the project as hereby established shall not prevent the obtaining of water rights therefor in accordance with the Act of March 1, 1907 (34 Stat. 1015, 1025). SEC. 5. There is excluded from the Fort Hall Indian Irrigation project by the designation of the project area in section 4 of this Act the nine thousand six hundred and seventy acres of tribal, allotted, and non-Indian-owned lands located between Fort Hall and Gibson, Idaho, heretofore authorized to be included in the project by the Act of March 3, 1927 (Ch. 371, 44 Stat. 1398). The construction costs apportioned to the tribal lands so excluded are hereby can- celed and the water rights are made available for project use. The water rights for the lands of the several allottees and non-Indian owners within the area so excluded shall not be impaired or affected [62 STAT.

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