lease contract relative to the payment of 1 percent per month, or fraction of the annual operation and mainte- thereof, from the due date, until paid. nance assessment. No water shall be delivered to land under lease until the Superintendent of the reservation certifies to the Project Engineer that the lessee has fully com the payment of operation and maintenance charges. Indian water users farming their land, planted in crops other than cotton, may receive delivery of water without payment of assessment, Provided, The Super-plied with the lease contract relative to intendent of the reservation certifies to the Project Engineer that such Indian is financially unable to make the payment. Under such condition the assessment for the water delivered shall be entered on the accounts and shall stand as a lien against the land, without penalty. Indian water users farming their land, planted in cotton, may receive delivery of water upon payment of 50 percent of the assessments herein designated provided the Superintendent of the reservation certifies to the Project Engineer that such Indian is not financially able to make the full payment. The unpaid 50 percent of the assessment in all such cases shall be entered on the accounts and shall stand as a lien against the land, without penalty. (38 Stat. 583, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended Feb. 21, 1939; 4 F.R. 1120] CROW INDIAN IRRIGATION PROJECT, § 130.12 Assessment. Pursuant to the Act of August 1, 1914 (38 Stat. 583, 25 U.S.C. 385), the rates of assessment of operation and maintenance charges on land under the Crow Indian Irrigation Project, to which water can be delivered, are hereby fixed on the several units for the calendar year 1939 and until further order: Government operated units, excepting Two Leggins Unit, per acre.. $0.95 1. 20 .35 (38 Stat. 583, 44 Stat. 660, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended Mar. 2, 1939; 4 F.R. 1226] § 130.13 Payment. The assessments herein fixed shall become due on April 1, of each year, and are payable on or before that date. No delivery of water shall be made to land until the charges have been paid in full. Assessments remaining unpaid on or after July 1, following the due date, shall be subject to a penalty of one-half Indian water users who are financially unable to pay the assessment on the due date may be furnished water provided the Superintendent of the reservation certifies to the Project Engineer that such Indian is not financially able to pay the assessment or that such Indian has paid or will pay the assessment. Under such condition the assessment shall be entered on the accounts against the land as a lien, without penalty. (38 Stat. 583, 44 Stat. 660, 45 Stat. 210; 25 U.S.C. 385, 387) amended Mar. 2, 1939; 4 F.R. 12261 FLATHEAD INDIAN IRRIGATION PROJECT, MONTANA [As § 130.15 General. Pursuant to authority of law relating to the Flathead Indian Irrigation Project, Montana, the rates of assessment for the operation and maintenance of the subdivisions of the project, which are not included in any of the duly organized Irrigation Districts, are hereby fixed for the calendar year 1939 and until further order as provided in §§ 130.16-130.22.*† *§§ 130.15 to 130.22, inclusive, issued under the authority contained in 38 Stat. 583, 39 Stat. 142, 45 Stat. 210, 25 U.S.C. 385, 387. The source of §§ 130.15 to 130.22, inclusive is order, Secretary of the Interior, Mar. 15, 1939; 4 F.R. 1341. CHARGES APPLICABLE TO ALL IRRIGABLE LANDS IN THE FLATHEAD IRRIGATION PROJECT BUT WHICH ARE NOT INCLUDED IN THE IRRIGATION DISTRICT ORGANIZATIONS § 130.16 Assessments; Jocko Division. A minimum assessment of 95 cents per acre shall be levied against all land within the Jocko Division, to which water can be delivered, regardless of whether water is used. The minimum assessment when paid shall be credited on the delivery of water at the following per acre-foot rates: (a) For lands receiving water from the lower Jocko and Revais Creek Laterals, water will be delivered in amounts equal to 1 acre-foot per acre for the entire irrigable area of the farm unit, allotment, or tract, at the rate of $1 per acre-foot, and additional water will be delivered at the rate of 50 cents per acre-foot. (b) For irrigable lands as defined in paragraph (a) receiving water from Finley, East Finley, Agency, and Big Knife Creeks, water will be delivered at the rate of 75 cents per acre-foot at any time during the irrigation season. (c) For irrigable lands as defined in paragraph (a) receiving water from Jocko River through the Jocko K Lateral system, at the rate of 50 cents per acre-foot at any time during the irrigation season.*† § 130.17 Assessments, Mission Valley and Camas Divisions. A minimum assessment of $1.15 per acre shall be levied against all irrigable land as defined in § 130.16 (a) within this division, to which water can be delivered, regardless of whether water is used. This assessment shall entitle the farm unit, allotment, or tract of land to receive 12 acre-feet of water per irrigable acre or, in case of shortage, the proportionate share of the available supply. For water delivered in excess of 12 acre-feet per irrigable acre there shall be an additional assessment of 75 cents per acre-foot.*† § 130.18 Assessments, private water right. For all areas covered by private water rights where the water is regulated by the Flathead Irrigation Project and delivered through the Flathead Irrigation Project systems, a charge of 50 cents per acre shall be made for water delivered up to 2 acre-feet per acre, or to such quantity of water as was allowed under the private water right findings for each acre carrying a recognized private water right under the Secretary's private water right findings. For any additional water furnished to private water right lands, whether through the project irrigation system or otherwise, a charge of $1 per acre-foot shall be made.*† § 130.19 Maximum and minimum charge. The maximum assessment for water delivered to any farm unit, allotment or tract shall not exceed $2 per acre for the entire irrigable area, and no assessment for water delivered shall be less than $5 for the season.*† § 130.20 Payment. The assessments herein fixed shall become due on April 1 of each year and are payable on or before that date. No delivery of water shall be made to land in non-Indian ownership until the assessments have been paid in full. Assessments against land in non-Indian ownership remaining unpaid on and after July 1, following the due date, shall be subject to a penalty of one-half of 1 percent per month, or fraction thereof, from the due date until paid. No water shall be delivered to lands leased to nonIndians until the lessee has fully complied with the lease contract relative to the payment of operation and maintenance assessments. Indian water users who are financially unable to pay assessments on the due date may be furnished water provided the Superintendent of the reservation certifies to the Project Engineer that such Indian is financially unable to pay the assessment, or that the payment has been made or that it will be made. Under such condition where the Indian water user is financially unable to pay the assessment the same shall be entered on the accounts as a lien against the land, without penalty.** § 130.21 State-owned land. In the case of lands belonging to the State of Montana, where water service is requested by lessees, delivery will be made upon payment in advance by the lessee of the same minimum charge and at the same rates, and under the same regulations, as are in force for other lands in the same general area that are not included in the Irrigation Districts.*† § 130.22 Apportionment of water. If at any time during the irrigation season when it shall appear, in the judgment of the Project Engineer, that there shall not be sufficient water available to deliver the amount specified under the minimum assessments provided for in §§ 130.16-130.19, to the entire irrigable 1, 1940, in advance of the delivery of water for that season, and the remainder on or before July 1, 1940. Payment shall United States through the Office of the be made by the Irrigation District to the Flathead Indian Irrigation Project, St. Ignatius, Montana. (38 Stat. 583, 39 Stat. 142, 44 Stat. 945, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended Mar. 25, 1939; 4 F.R. 1554] area for which application for delivery § 130.25 Payment. The assessment of water has been made and approved, herein fixed shall become due and then the Project Engineer shall reduce payable, one-half on or before February such amounts to the extent that there shall, in his judgment, be sufficient water available to make proportionate delivery to each farm unit, allotment, or tract, and when any farm unit, allotment, or tract shall have had delivered to it the amount so fixed, it shall not be entitled to further delivery of water except when it shall appear that there is a surplus of water available, Pro§ 130.25a General vided, That, for those tracts located regulations. The in the Mission Valley and Camas Divi- Flathead Irrigation District shall comsions of the Flathead Irrigation Project ply fully with the general rules and only, after an agreement has been regulations applicable to the areas inreached between a landowner and the cluded in the Irrigation Districts on the Flathead Irrigation Project approved by Project Engineer as to duty of water on individual tracts where the landowner the Secretary of the Interior on June 5, claims excess requirements on account 1937, as contained in Part 100. (38 Stat. of porous or gravelly soils, the Project 583, 39 Stat. 142, 44 Stat. 945, 45 Stat. Engineer may, pending further order, 210; 25 U.S.C. 385, 387) increase the quantity of water to be de- 25, 1939; 4 F.R. 1555] livered under the minimum assessment MISSION IRRIGATION DISTRICT, FLATHEAD to such porous or gravelly tract, Provided, It shall not exceed 4 acre-feet of water per acre per season for the accessible irrigable area of the farm unit, allotment or tract.*+ FLATHEAD IRRIGATION DISTRICT, FLATHEAD § 130.24 Assessment. Pursuant to a [As added Mar. assessment of INDIAN RESERVATION, MONTANA § 130.26 Assessment. Pursuant to a contract executed by the Mission Irrigation District, Flathead Indian Irrigation Project, Montana, on March 7, 1931, approved by the Secretary of the Interior on April 21, 1931, as supplemented by later contracts dated June 2, contract executed by the Flathead Ir- 1934 and August 26, 1936, notice is rigation District, Flathead Indian Irri- hereby given that an gation Project, Montana, on May 12, $13,800 is fixed for the season of 1940 1928, as supplemented by later contracts for the operation and maintenance of dated February 27, 1929, March 28, 1934, the irrigation system which serves that and August 26, 1936, notice is hereby portion of the project within the congiven that an assessment of $86,750 is fines of the Mission Irrigation District. fixed for the season of 1940 for the This assessment involves an area of apoperation and maintenance of the irri-proximately 11,500 acres, does not ingation system which serves that portion of the project within the confines of the Flathead Irrigation District. This assessment involves an area of approximately 68,000 acres, does not include any land held in trust for Indians, and covers all proper general charges and project overhead. (38 Stat. 583, 39 Stat. 142, 44 Stat. 945, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended Mar. 25, 1939; 4 F.R. 1554] NOTE: The contract and supplements clude any land held in trust for Indians, and covers all proper general charges and project overhead. (38 Stat. 583, 39 Stat. 142, 45 Stat. 210, 46 Stat. 291; 25 U.S.C. 385, 387) [As amended Mar. 25, 1939; 4 F.R. 1554] NOTE: The contracts and supplements thereto are recorded in Lake County, Mon tana. § 130.27 Payment. The assessment herein fixed shall become due and payable, one-half on or before February 1, thereto are recorded in Lake County, Mon- 1940, in advance of the delivery of water for that season, and the remainder on tana. The or before July 1, 1940. Payment shall be | U.S.C. 385, 387) [As amended Mar. 25, made by the Irrigation District to the 1939; 4 F.R. 1554] United States through the Office of the Flathead Indian Irrigation Project, St. Ignatius, Montana. (38 Stat. 583, 39 Stat. 142, 45 Stat. 210, 46 Stat. 291; 25 U.S.C. 385, 387) [As amended Mar. 25, 1939; 4 F.R. 1554] § 130.29a General regulations. Jocko Valley Irrigation District shall comply fully with the general rules and regulations applicable to the areas included in the Irrigation Districts on the Flathead Irrigation Project approved by § 130.27a General regulations. The the Secretary of the Interior on June 5, Mission Irrigation District shall comply | 1937, as contained in Part 100. (38 Stat. fully with the general rules and regulations applicable to the areas included in the Irrigation Districts on the Flathead Irrigation Project approved by the Secretary of the Interior on June 5, 1937, as contained in Part 100. (38 Stat. 583, 39 Stat. 142, 45 Stat. 210, 46 Stat. 291; 25 U.S.C. 385, 387) [As added Mar. 25, 1939; 4 F.R. 1554] JOCKO VALLEY IRRIGATION DISTRICT, FLAT- 583, 39 Stat. 142, 45 Stat. 210, 46 Stat. 291; 25 U.S.C. 385, 387) [As added Mar. 25, 1939; 4 F.R. 1554] FORT HALL INDIAN IRRIGATION PROJECT, IDAHO § 130.32 Assessment. Pursuant to the Act of March 1, 1907 (34 Stat., 10241025), the rates of assessment of operation and maintenance charges against land in non-Indian ownership and against land in Indian ownership, leased for a term longer than 3 years, to which water can be delivered for irrigation under the Fort Hall Irrigation Project, are hereby fixed for the calendar year 1939 and subsequent years until further Minimum charge for each tract in noncontiguous ownership of less 1.5 acres up to and including 4.99 § 130.28 Assessment. Pursuant to a contract executed by the Jocko Valley Irrigation District, Flathead Indian Irrigation Project, Montana, on November 13, 1934, approved by the Secretary of the Interior on February 26, 1935, as sup-order: plemented by a later contract dated August 26, 1936, notice is hereby given that an assessment of $4,500 is fixed for the season of 1940 for the operation and maintenance of the irrigation system which serves that portion of the project within the confines of the Jocko Valley Irrigation District. This assessment involves an area of 4,700 acres, does not include any land held in trust for Indians, and covers all proper general charges and project overhead. (38 Stat. 583; 39 Stat. 142, 45 Stat. 210, 46 Stat. 291; 25 U.S.C. 385, 387) [As amended Mar. 25, 1939; 4 F.R. 1554] NOTE: The contract and supplements thereto are recorded in Lake County, Mon tana. § 130.29 Payment. The assessment herein fixed shall become due and payable, one-half on or before February 1, 1940, in advance of the delivery of water for that season, and the remainder on or before July 1, 1940. Payment shall be made by the Irrigation District to the United States through the Office of the Flathead Indian Irrigation Project, St. Ignatius, Montana. (38 Stat. 583, 39 Stat. 142, 45 Stat. 210, 46 Stat. 291; 25 5 acres up to and including 9.99 acres, per acre.. 10 acres up to and including 14.99 acres, per acre.. 15 acres or more, per acre.. $3.00 2.00 1.75 1.50 1.00 1.00 (34 Stat. 1024, 45 Stat. 210; 25 U.S.C. 387) [As amended Mar. 2, 1939; 4 F.R. 1226] § 130.33 Payment. The assessments herein fixed shall become due on April 1, of each year, and are payable on or before that date. Delivery of water may be made to land upon receipt of 50 percent of the assessment due but the delivery shall not continue after July 1, following the due date, unless the assessment against the land has been paid in full. To all assessments remaining unpaid on or promising to pay the water charges to after July 1, following the due date, there shall be added a penalty of one-half of 1 percent per month, or fraction thereof, from the due date, until paid. No water shall be delivered to land in Indian ownership under lease to nonIndians when such land has been under lease to non-Indians for 3 years or more, until the Superintendent of the reservation has certified to the Project Engineer that the lessee has fully complied with the terms of the lease contract relative to the payment of operation and maintenance assessments, or that the land is not subject to assessment. (See Solicitor's opinion approved by the Department September 24, 1936 (M. 28701), and the instructions of September 19, 1938, approved September 24, 1938, and of December 1, 1938, approved December 17, 1938. (34 Stat. 1024, 45 Stat. 210; 25 U.S.C. 387) [As amended Mar. 2, 1939; 4 F.R. 1227] §§ 130.34-130.36 [Revoked] NOTE: These sections were revoked Mar. 2, 1939; 4 FR. 1226. The subject matter is now covered by §§ 130.32-130.33. KLAMATH INDIAN IRRIGATION PROJECT, to the Superintendent of the Klamath Reservation from the crop proceeds on or before September 15, following the due date. The agreement shall authorize the Superintendent to deduct the amount of the unpaid assessment from any funds accruing at the Agency to the credit of the Indian water user. Land in Indian ownership to which water can be delivered, where no water is furnished because the land is not farmed, is not relieved of the assessment, but no attempt will be made to collect the assessment when the Superintendent certifies to the Project Engineer that the Indian owner is financially unable to pay. Under such condition assessments shall be entered on the accounts against the land without penalty. (38 Stat. 583, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended Feb. 27, 1939; 4 F.R. 1120] The § 130.48a Areas assessable. assessment against the land of the Modoc Point Unit shall be based tentatively on the area listed in the schedule of February 12, 1935, pending the approval of a final land designation of the unit. The delivery of a pro rata share of the available supply of water shall not be § 130.47 Assessment. Pursuant refused, if requested, for land not listed the Act of August 1, 1914 (38 Stat. 583, in the schedule and to which delivery 25 U. S. C. 385), the rate of assessment can be made. Any collections made for of operation and maintenance charges water furnished to land not listed in the on land of the Modoc Point and Sand schedule shall be taken into account in Creek Units of the Klamath Indian Ir-fixing the assessment rate for the folrigation Project is hereby fixed at $1 per lowing year. acre per annum for the calendar year of 1939 and until further order. (38 Stat. 583, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended Feb. 27, 1939; 4 F.R. 11201 § 130.48 Payment. The assessment herein fixed shall become due on April 1, of each year, and is payable on or before that date. the Sand Creek Unit shall be based on The assessment against the land of the area to which water can be delivered. (38 Stat. 583, 45 Stat. 210; 25 U.S.C. 385, 387) [As added Feb. 27, 1939; 4 F.R. 11211 SAN CARLOS INDIAN IRRIGATION PROJECT, ARIZONA No delivery of water shall be made to land until the assessment has been paid § 130.62 Assessment, joint works, fiscal in full. Assessments remaining unpaid year 1939. Pursuant to the provisions of on and after July 1, following the due the Act of June 7, 1924 (43 Stat. 476), and date, shall be subject to a penalty of one-supplementary Acts, and the Repayment half of 1 percent per month, or fraction thereof, from the due date until paid. Indian water users, who are financially unable to pay the assessment on the due date, may be furnished water upon the execution of an agreement Contract of June 8, 1931, as amended, between the United States and the San Carlos Irrigation and Drainage District, and in accordance with §§ 130.69a130.69m, which defined the joint works of the San Carlos Irrigation Project, the |