548

INTERIOR DEPARTMENT APPROPRIATION ACT, 1937

[Extracts from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1937, and for other purposes. (Act of June 22, 1936, ch. 691, 49 Stat. 1757)

[Boulder Canyon project-power revenues.]-Boulder Canyon project: Provided, That not to exceed $350,000 from revenues shall be available for the operation and maintenance of the Boulder Dam, power plant, and other incidental operations. (49 Stat. 1785)

EXPLANATORY NOTE

Provision Repeated. Similar appropriations of funds from power and other revenues for operation, maintenance and replacement purposes at Boulder Canyon project are contained in each subsequent

annual Interior Department Appropriation Act through the Act of July 3, 1945, 59 Stat. 341. Thereafter, appropriations for these purposes are made from the Colorado River dam fund.

[All-American Canal.]-Boulder Canyon project (All-American Canal): . . . For continuation of construction of a diversion dam, and main canal (and appurtenant structures) located entirely within the United States connecting the diversion dam with the Imperial and Coachella Valleys in California; to acquire by proceedings in eminent domain, or otherwise, all lands, rights-of-way, and other property necessary for such purposes; and for incidental operations, as authorized by the Boulder Canyon Project Act, approved December 21, 1928 (U.S.C., title 43, ch. 12a); to be immediately available and to remain available until advanced to the Colorado River Dam Fund,.... (49 Stat. 1785)

INTERIOR DEPARTMENT APPROPRIATION ACT, 1937 549

NATIONAL PARK SERVICE

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[Boulder Dam recreational area.]-Boulder Canyon project, Arizona and Nevada: For administration, protection, and maintenance of the recreational activities of the Boulder Canyon project and any lands that may be added thereto by Presidential or other authority, including not exceeding $1,050 for the purchase, maintenance, operation, and repair of motor-driven passenger-carrying vehicles, $10,000. (49 Stat. 1794)

[Roads and trails, Boulder Dam recreational area.]—Roads and Trails, National Park Service: For the construction, reconstruction, and improvement of roads and trails, inclusive of necessary bridges, in the national parks, monuments, and other areas administered by the National Park Service, including the Boulder Dam Reservation, and other areas authorized to be established as national parks and monuments, and national park and monument approach roads authorized by the Act of January 31, 1931 (U.S.C., title 16, sec. 8a and 8b), as amended, (49 Stat. 1795)

550

AMENDED CONTRACT WITH BRIDGEPORT IRRIGATION

DISTRICT

An act for the relief of the Bridgeport Irrigation District. (Act of June 24, 1936, ch. 742, 49 Stat. 1897)

[Amending contract of June 14, 1915-Granting permanent right to use of water from North Platte project-District to pay delinquent operation and maintenance.]-The Secretary of the Interior is hereby authorized to enter into a contract with the Bridgeport Irrigation District, North Platte reclamation project, by which (a) the United States, in consideration of $23,286 heretofore paid under the contract of June 14, 1915, between the United States and the district, shall grant to the district a permanent right to the use of water from the North Platte Federal reclamation project under the Act of June 17, 1902 (32 Stat. 388), as amended and supplemented, which permanent water right shall entitle the district to divert from the North Platte River a quantity of water equal to three-tenths part of the quantity of water for which provision is made in article 1 of said contract of June 14, 1915, such total quantity of water for diversion by the district to be delivered by the United States under a schedule of delivery reduced in accordance with the provisions of this Act; (b) the district shall agree to pay the United States the amount of $5,628.55; the operation and maintenance charges delinquent under said contract of June 14, 1915, for the years 1926 to 1935, both inclusive, upon the execution of said contract herein authorized; (c) the Secretary shall agree, upon the execution of said contract and its confirmation by the State courts, to cancel the judgment entered on July 30, 1929, against the district and in favor of the United States; (d) the district shall agree to pay to the United States in advance of the delivery of water under said contract one one-hundredth part of such amounts as shall be fixed by the Secretary as operation and maintenance charges in connection with the irrigation works from which said water supply is made available by the United States, such charges to be payable for the year 1936 and thereafter with interest from the due date at the rate of 6 per centum per annum if not paid when due; (e) the Secretary shall be authorized to refuse the delivery of water under said contract to the district at any time when any installment in whole or in part (including any interest due thereon) of operation and maintenance charges shall not have been paid at the date provided in subdivision (d) hereof and shall remain unpaid at the date delivery of water is requested under said contract; and (f) the contract of June 14, 1915, shall otherwise remain in full force and effect. (49 Stat. 1897)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Cross Reference, Contract Cancelled. The Secretary never entered into a contract pursuant to this Act. By the Act of August 1, 1942, 56 Stat. 732, the contract

of June 14, 1915, between the United States and the Bridgeport Irrigation District and the delinquent indebtedness of the district thereunder were cancelled and released, and the judgment entered on July 30, 1929, in the United States District Court for the

BRIDGEPORT IRRIGATION DISTRICT

552

RELIEF FOR THE ORLAND PROJECT

An act for the relief of the Orland reclamation project, California. (Act of June 24, 1936, ch. 756, 49 Stat. 1907)

[Sec. 1. Repayment period Stony Gorge extended to thirty-five years-Delinquent operation and maintenance to be added to cost of reservoir.]—The Secretary of the Interior is hereby authorized to execute or authorize the execution of amendatory contracts with the individual water users of the Orland reclamation project, California, by which (a) the time within which the cost of Stony Gorge Reservoir may be paid shall be thirty-five years in lieu of the seventeen years allowed for such payment under existing contracts, the said annual payments to be graduated as the said Secretary may prescribe, and (b) any construction or operation and maintenance charges due from the individual water users and delinquent as of the date of this Act, together with the accrued interest or penalties, may be added to their proportionate part of the cost of said reservoir. (49 Stat. 1907)

Sec. 2. [Lands to be classified-Charges paid on permanently unproductive lands to be transferred to producing lands-Water rights shall be transferred.]—The said Secretary shall classify the lands of the Orland project and the owners of all lands found by the said Secretary to be permanently unproductive may, by supplemental agreement with the United States, be relieved of all liability for further operation and maintenance and construction charges on land so found to be permanently unproductive, and the credit for construction charges theretofore paid on such permanently unproductive lands may be transferred to other producing lands, as the owner of such permanently unproductive lands may designate in writing. The released water rights theretofore appurtenant to such permanently unproductive lands shall be transferred to other productive lands, as the said Secretary may designate and under such regulations as he may prescribe. (49 Stat. 1907)

Sec. 3. [Operation and maintenance to be estimated by Secretary and collected in advance-Overpayments to be adjusted by credits.]—After the plan prescribed in section 4 hereof becomes effective, 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 such advance payment. 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 payment in advance of the additional amount 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 proportionate share (as determined by the Secretary) of such additional operation and maintenance cost. Overpayments resulting from too large