Page:United States Statutes at Large Volume 68 Part 1.djvu/1060

 PUBLIC LAW 741-AUG. 31, 1954

1028

25 USC 386a.

64 Stat. 1083. Conditions.

Water limit.

supply

Sna k e R i v e r waters. Priority.

Repe al.

Crediting o f P a l i s a d e s project revenue s.

Appropriation. •..Mc-ti

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ST A T.

finds cannot be repaid by the water users on terms substantially similar to those provided in section 2 of this Act, except for the application of the provisions of the Act of July 1, 1932 (47 Stat. 564), and the Act of March 1, 1907 (34 Stat. 1015, 1024), which are specifically made applicable to the project authorized by this section and Indian lands susceptible of irrigation under said project, by application of net power revenues of the Palisades project and any developments combined therewith for payout purposes under the provisions of the second sentence of section 2 of the Act of September 30, 1950, after payout thereof is accomplished pursuant to law. (b) Construction of works to serve the Michaud division lands shall be undertaken only if, in consideration thereof and of the additional benefits authorized in the preceding sentence of this section, such appropriate arrangements as may be required in the circumstances are first made, by contract or otherwise, with respect to a water supply for said lands which, among other things— (1) limit that supply to the yield of the space in Palisades and American Falls Keservoirs as hereinbefore set forth and to that obtained by the pumping of ground water in an average annual amount of not more than twenty-two thousand and four hundred acre-feet; and (2) consent to a priority in time and right in such beneficial consumptive uses of the waters of the Snake River, and its tributaries, as are established under the laws of the State of Idaho prior to the date of this Act as against any use of the waters arising on or flowing through the Fort Hall Bottoms within the Fort Hall Indian Reservation, including, but not limited to, the intercepted flow of Ross Fork Creek, the Portneuf River below Pocatello, Big Jimmy Creek, Big Spring Creek, and Clear Creek, for the irrigation of the lands of the Michaud division of the Fort Hall Indian Reservation. The United States consents to the making of the arrangements aforesaid, and its construction, operation, and maintenance of said works shall constitute a waiver of any of its rights to the use of waters arising on or flowing through the Fort Hall Bottoms within the Fort Hall Indian Reservation, including, but not limited to, the intercepted flow of Ross Fork Creek, the Portneuf River below Pocatello, Big Jimmy Creek, Big Spring Creek, and Clear Creek, for the irrigation of the lands in the Michaud division of the Fort Hall Indian Reservation. SEC. 4. The Act of February 4, 1931 (46 Stat. 1061), authorizing the development of the Michaud division of the Fort Hall irrigation project is hereby repealed. SEC. 5. I n crediting the net power revenues from the Palisades project to the projects authorized in sections 2 and 3 of this Act, after payout of the Palisades project pursuant to law, said revenues shall be applied ratably to the two projects in proportion to the total construction costs thereof. SEC. 6. (a) Except as provided in section 3(b), nothing in this Act shall affect any rights in and to the waters of the Fort Hall Indian Reservation or the Snake River and its tributaries. (b) Nothing in this Act shall affect the land tenure, allotment, or ownership on the Fort Hall Indian Reservation. SEC. 7. There are hereby authorized to be appropriated, out of any moneys in the Treasury not otherwise appropriated, $5,500,000 for construction of the works authorized in section 1 of this Act, and $5,500,000 for construction of the works authorized in section 3 of

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