cost of the operation and maintenance of, ance with §§ 130.69a-130.69m, the State such joint works, for the fiscal year 1939, lands and Federal agencies may be delivwas estimated at $60,000 including the ered water, out of such project water as administration of the Gila Decree, and may be set aside for that purpose, for the in accordance therewith the assessment calendar year 1939, and until further orfor the last 6 months of that fiscal year der, upon the payment of $2.10 per acre is hereby fixed on the basis of 60 cents per annum, payable in advance each year for each acre of the 100,000 acres of of the delivery of water. Such payment project lands under constructed works. shall entitle the lands to receive 2 acreProvision shall be made for the pay- feet of water per acre per annum or such ment of this assessment by the San Car- lesser amount as represents the proporlos Irrigation and Drainage District for tionate share of the available supply of the District lands on or before June 30, water. Any water delivered to such lands 1939. (38 Stat. 583, sec. 5, 43 Stat. 476, in excess of 2 acre-feet per acre shall 45 Stat. 210; 25 U.S.C. 385, 387) [As be paid for on the same terms under amended June 28, 1939; 4 F.R. 2946] which excess water is furnished to the project lands. § 130.63 Assessment, joint works, fiscal year 1940 and until further order. Pursuant to the Acts of Congress, Repayment Contracts and §§ 130.69a130.69m, the cost of the operation and maintenance of the joint works of the San Carlos Irrigation Project, for the fiscal year 1940, is estimated to be $60,000, and the rate of assessment for the fiscal year 1940, and subsequent years until further order, is hereby fixed at 60 cents for each acre of land, as follows: This per acre rate shall be assessed against the entire 100,000 acres of project lands under constructed works and shall include the cost of the administration of the Gila Decree but shall be exclusive of the costs of operating and maintaining the Electric Power Generating Plants at Coolidge Dam, the Diesel Plant at Coolidge, and the Power Transmission and Distribution Systems, which costs are payable from power revenues. The assessment against the lands of the San Carlos Irrigation and Drainage District, for the fiscal year 1940 and subsequent years until further order, is payable on March 1, in advance of each fiscal year as provided in §§ 130.69a130.69m. (Payment of the assessment against the 50,000 acres of Indian land will be handled as provided in §§ 130.110130.116. (38 Stat 583, sec. 5, 43 Stat. 476, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended June 28, 1939; 4 F.R. 2946] The water service to the State lands and Federal agencies shall be made by: (a) The San Carlos Irrigation and Drainage District shall serve the State lands for which service the District shall collect and retain $2.10 per acre. (b) The Indian Unit of the project, as defined in § 130.69c, shall serve the Federal Agencies for which it shall collect and retain $2.10 per acre. The collections for the sale of excess water, as defined in §§ 130.69a-130.69m to the State lands and Federal agencies shall be made by the District and Indian Unit, respectively, in advance of the delivery of water, and shall be paid on or before December 31, 1939, as provided in §§ 130.69a-130.69m. (38 Stat. 583, sec. 5, 43 Stat. 476, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended June 28, 1939; 4 F.R. 2946] § 130.65 Assessment, villages, towns and schools. Such project water as shall be available may be delivered to the Villages, Towns and Schools, not included in the designated area of the San Carlos Irrigation Project, for the irrigation of lawns and gardens. The charge for such service for the calendar year 1939, and until further order, shall be $2.50 per acre-foot of water delivered, payable in advance of delivery. tion therefor shall be made by the San The delivery of water and the collecCarlos Irrigation and Drainage District. § 130.64 Assessment, State and Fed- It is agreed that, for the season of 1939, eral agencies. Pursuant to the provisions the District shall retain $1.25 per acreof the Act of March 7, 1928 (45 Stat. foot, for each acre-foot on which collec210), and article 12 of the Repayment tion shall be made, as its compensation Contract of June 8, 1931, and in accord- | for rendering the service. The remain der of the collections shall be paid to the Project Engineer for the San Carlos Irrigation Project for the benefit of the Joint Works. (38 Stat. 583, sec. 5, 43 Stat. 476, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended June 28, 1939; 4 F.R. 2946] § 130.66 Modification. Sections 130.62-130.65 are subject to modification for future years by the issuance and publication of changes hereto. (38 Stat. 583, sec. 5, 43 Stat. 476, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended June 28, 1939; 4 F.R. 2946] NOTE: These sections were revoked June 28, 1939; 4 F.R. 2946. The subject matter is now contained in §§ 130.62-130.66. FLORENCE-CASA GRANDE INDIAN IRRIGATION PROJECT, ARIZONA § 130.70 Charges. Pursuant to the provisions of the Act of May 18, 1916 (39 Stat. 130), and supplementary Acts, and an agreement with the landowners commonly called the Florence-Casa Grande Landowners' Agreement, the operation and maintenance charges, including the administration of the Gila Decree, which shall be assessed against the privately owned lands of the Florence-Casa Grande Irrigation Project, not included in the San Carlos Project, are hereby fixed at $1.25 per acre for the calendar year 1939, and until further order. 10, 33 Stat. 1081, 38 Stat. 583, 43 Stat. 476, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended June 6, 1939; 4 F.R. 2450] (Sec. § 130.71 Time of payment. The charge of $1.25 per acre for each acre of privately owned land shall be paid on or before March 1, of each year, which shall entitle each acre of such land to receive its proper share of the available water supply as provided for by the Florence-Casa Grande Landowners' Agreement. (Sec. 10, 33 Stat. 1081, 38 Stat. 583, 43 Stat. 476, 45 Stat. 210; 25 U.S.C. 385, 387) [As amended June 6, 1939; 4 F.R. 2450] § 130.72 Conditions. The San Carlos Irrigation and Drainage District, pursuant to §§ 130.69a-130.69m, shall collect the charges as provided for in §§ 130.70 and 130.71, and shall make delivery of water to the lands of the Florence-Casa Grande Project. The District shall be compensated for such service at the rate of 90 cents per acre, for each acre to which water shall be delivered and the charges collected, and shall pay the balance of such amount collected to the Project Engineer of the San Carlos Project. (Sec. 10, 33 Stat. 1081, 38 Stat. 583, 43 Stat. 476, 45 Stat. 210; 25 U.S.C. [As amended June 6, 1939; 4 385, 387) F.R. 2450] UINTAH INDIAN IRRIGATION PROJECT, UTAH § 130.77 Assessment. Pursuant to the Act of June 21, 1906 (34 Stat. 375), the operation and maintenance assessments for the lands under the following units of the Uintah Irrigation Project, except where otherwise established by contract, are hereby fixed for each acre of land to which water can be delivered for the calendar year 1939 and until further order: Uintah River Unit, comprising Bench Grey Mountain, Jasper Pike, Le- acre $0.75 .50 75 75 1.00 85 (34 Stat. 375, 45 Stat. 210; 25 U.S.C. 387) [As amended Feb. 21, 1939; 4 F.R. 1225] § 130.78 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 assessment has been paid in full. Assessments remaining unpaid on October 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 land under lease to non-Indians until the Su perintendent of the reservation certifies to the Project Engineer that the lessee has fully complied with the lease contract relative to the payment of the operation and maintenance assessment. 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 his assessment. Under such condition the assessment shall be entered on the accounts as a lien against the land, without penalty. (34 Stat. 375, 45 Stat. 210; 25 U.S.C. 387) [As amended Feb. 21, 1939; 4 F.R. 1225] [Revoked] §§ 130.79-130.81 SAN CARLOS PROJECT, ARIZONA, TRIBAL AND § 130.110 Basic charge. Pursuant to the provisions of section 10 of the Act of March 3, 1905 (33 Stat. 1081), as amended and supplemented by the Acts of August 24, 1912 (37 Stat. 522), August 1, 1914 (38 Stat. 583; 25 U.S.C. 385), section 5 of the Act of June 7, 1924 (43 Stat. 476), March 7, 1928 (45 Stat. 210; 25 U.S.C. 387), and the Act of August 9, 1937 (50 Stat. 577), as amended by the Act of May 9, 1938 (52 Stat. 305), and in accordance with the public notice issued on December 1, 1932, operation and maintenance charges are assessable against the 50,000 acres of tribal lands and trust patent Indian lands of the San Carlos irrigation project within the boundaries of the Pima Indian Reservation, Arizona, and the basic rate assessed for the calendar year 1938 and subsequent years unless changed by further order, is hereby fixed at $1.65 per acre. Such rate shall entitle each acre of land to have delivered for use thereon 2 acrefeet of water per acre or its proportionate share of the available water supply.*† *§§ 130.110 to 130.116, inclusive, issued under the authority contained in 38 Stat. 583, 43 Stat. 476, 45 Stat. 210, 50 Stat. 577, 52 Stat. 305; 25 U.S.C. 385, 25 U.S.C. 387, and Sup. The source of §§ 130.110 to 130.116, inclu § 130.111 Excess water charge. For water delivered in excess of 2 acrefeet per acre there shall be charged 50 cents per acre-foot per acre for the first acre-foot of excess water or fraction thereof delivered, and $1 per acre-foot or fraction thereof per acre for water delivered in excess of 3 acre-feet per acre; Provided, There shall be no charge for free water delivered in accordance with existing regulations and no discrimination in the delivery of free water to Indian and non-Indian lands.** § 130.112 Time and place of payment. Basic charges shall become due on January 1 of each year and shall be payable on or before May 15; Provided, No water shall be delivered prior to the payment of said basic charge unless pursuant to law proper arrangements have been made for such payment. Payment for excess water as herein provided shall be made at the time of request for delivery thereof or previous to the time of delivery. Payment of these assessments and charges shall be made at the office of the Superintendent of the Gila River Reservation at Sacaton, Arizona.*† § 130.113 Alternate method of payment. Payment of charges may be made from revenue derived from farming operations on tribal lands conducted by the Pima Agency as provided by the Act of August 9, 1937 (50 Stat. 577), as amended by the Act of May 9, 1938 (52 Stat. 305). Should the subjugation and cropping operations not produce sufficient revenues to meet the aforesaid charges, the deficit shall be paid or otherwise satisfactorily provided for by the Indians, or from such other funds as may be made available therefor by law; Provided, in such event where the allottee or assignee is required to pay the charges such allottee or assignee shall be entitled to the benefit of the 3-year exemption period from the payment of operation and maintenance charges as provided for in office letter of June 20, 1933, as confirmed by departmental order of November 18, 1936. The 3-year exemption period shall begin to run from the date the land is placed under cultivation by the individual Indian, or in the case of as sive, is Order, Secretary of the Interior, Mar. signment of tribal land or release of allotted land which has been operated 17, 1939; 4 F.R. 2055. under the subjugation and cropping program the exemption period shall begin with the date of the assignment or release to the individual Indian for his individual operation: Provided, That this order shall be subject to the power of the Gila River Pima-Maricopa Indian Community, through its Community Council or through referendum vote, as provided in its Constitution and By-laws, to prevent the use of revenue derived from farming operations on tribal lands within the project or any other tribal funds in payment of any charges established by this order. Failure by the Community to consent within a reasonable time to the use of such revenue or funds for the calendar year 1939 shall result in immediate termination of water service to tribal lands within the project.*† § 130.114 Application for water service. Before the first delivery of water is made an application for water service shall be made to the Superintendent on an approved form provided by him and signed by the applicant, or an oral request may be made by the Indian to the Superintendent, which application or request, when approved by the Superintendent, will be furnished the Project Engineer of the Irrigation Service which will be his authority for delivery of irrigation water to the land described therein. For all subsequent deliveries of water the water users will notify the Watermaster or Ditchrider when delivery is desired.*† § 130.115 Distribution and apportionment of water. The stored and pumped water of the project is deemed a common project water supply in which all lands of the entire project are entitled to share equally and all such waters shall be distributed to the lands of the project as equitably as physical conditions permit. The portion of the common supply available for the Indian lands will be distributed in equal amounts per acre to each acre under cultivation and irrigation, in so far as is possible, and subject to beneficial use. Water users will be notified at the beginning of the season of the amount of stored and pumped water available and at later dates of additional apportionments as they are made. Waste of water by users must be avoided as far as is physically possible in order that the supply shall be sufficient for the entire area in crop. When floods produce a supply of water in excess of demands or available storage facilities, free water shall be declared available and all water users will be promptly notified thereof. Such water shall not be counted as a part of the apportioned share to the lands on which it is used.*† § 130.116 Care of farm ditches. Water users will be required to keep their farm ditches in suitable condition to take water from project laterals and to carry it to the lands being irrigated. Failure to do this may result in refusal of delivery of water to lands on which the farm ditches are not in condition to take the water ordered if this condition prevents proper operation of project laterals and structures and causes waste of water.*† BLACKFEET INDIAN IRRIGATION PROJECT, MONTANA § 130.130 Basic assessment. Pursuant to the Act of May 18, 1916 (39 Stat. 142) the basic rate of assessment of operation and maintenance charges against the irrigable lands under the Blackfeet Indian Irrigation Project, Montana, for the calendar year 1939 and until further order is hereby fixed at $1 per acre per annum for the delivery of water, on an application basis, of not to exceed 1/2 acre-feet per acre during each irrigation season. (38 Stat. 583, 39 Stat. 142, 45 Stat. 210; 25 U.S.C. 385, 387) [Order, Mar. 15, 1939; 4 F.R. 1342] § 130.131 Excess water assessment. Additional water may be delivered in excess of 11⁄2 acre-feet per acre at the rate of 50 cents per acre-foot, or fraction thereof. (38 Stat. 583, 39 Stat. 142, 45 Stat. 210; 25 U.S.C. 385, 387) [Order, Mar. 15, 1939; 4 F.R. 1342] § 130.132 Payment. The assessments herein fixed shall be due and payable at the time of the filing of the application for water. Payment must be made to the disbursing officer through the Project Office, Browning, Montana, before water is delivered. Delinquent assessments which accrued prior to 1939 against land covered by an application for water shall not prevent the delivery of water for the calendar year 1939 and until further order. In the event an Indian water user | irrigable area of the farm unit or allotis unable to pay the assessment in ad- ment, as determined by the land designavance water may be furnished upon cer- tion schedules. tification by the Superintendent of the Water for each irrigation will be dereservation that the assessment will be livered only upon the written request of paid from the proceeds of the crops, or the landowner or water user. Such reIndian water users who are financially unable to pay any of the assessment may quest shall be filed with the Project Enbe furnished water upon certification by gineer, or other employee duly desigthe Superintendent that such Indiansnated, at least 48 hours in advance of the are financially unable to pay. Under time the delivery is to begin. The writsuch condition where the Indian water ten request shall show the legal descrip- · users are unable to pay the assessment tion of the farm unit or allotment for the same shall be charged on the ac- which delivery is requested, also the day counts as a lien against the land, with- and hour it is desired. Water request out penalty. (38 Stat. 583, 39 Stat. 142, forms are available at the Project Office. 45 Stat. 210; 25 U.S.C. 385, 387) [Order, Mar. 15, 1939; 4 F.R. 1342] The right is reserved to limit the head of water to an amount not to exceed § 130.133 Application for water. Ap- 22 second-feet for each 160-acre farm plication for water may be received up unit or allotment, or fraction thereof, to the estimated capacity of the several and to a total delivery of three-fourths systems, and should the demand for wa- of 1 acre-foot per acre for any one ter exceed the available supply, applica-irrigation, and, should conditions wartions shall be given preference in the or- rant, to adopt the rotation system of der of receipt at the Project Office. delivery. (38 Stat. 583, 39 Stat. 142, 45 Stat. 210; 25 U.S.C. 385, 387) Mar. 15, 1939; 4 F.R. 13421 Applications will not be accepted for partial tracts but must cover the entire Subchapter N-Irrigation Projects: Construction Costs warrant. * [Order, PART 143-REIMBURSEMENT OF CON- | whole or in part, as the facts and conditions NOTE: The Secretary of the Interior issued the following order on Apr. 10, 1939; 4 F.R. 3965: COLLECTION OF IRRIGATION CONSTRUCTION APRIL 10, 1939. Whereas the Act of Congress approved June 22, 1936 (49 Stat. 1803) authorized and directed the Secretary of the Interior to make or cause to be made investigations to determine whether certain landowners within Indian irrigation projects are unable to pay irrigation charges, and the reasons therefor, and Whereas the said Act provides in part as follows: Where the Secretary finds that said landowners are unable to make payment due to the existence of such causes, he may adjust, defer, or cancel such charges, in Whereas the investigations contemplated by the Act, now being made on the San Carlos Indian Irrigation Project, Arizona, and on the Flathead Indian Irrigation Project, Montana, indicate that the landowners are unable to make payment of construction charges that will become due and payable under existing law before such investigations are completed; Now, therefore, I, Harold L. Ickes, Secretary of the Interior, pursuant to authority vested in me by the said Act of June 22, 1936, hereby order that the collection of irrigation construction charges on the Flathead and San Carlos Indian Irrigation Projects be deferred, subject to confirmation by Congress as provided in section 6 of said Act, until the investigations referred to can be completed. It is further ordered that all prior departmental authorizations for the collection of construction charges on the said projects in conflict herewith are hereby revoked. HAROLD L. ICKES, Secretary of the Interior. This order was confirmed by Congress by Joint Resolution, Aug. 5, 1939 (53 Stat. 1221). |