INDIAN AFFAIRS: LAWS AND TREATIES

Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.


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PUBLIC ACTS OF THE SEVENTY-SECOND CONGRESS, FIRST SESSION, 1931-1932
Chap. 12  |  Chap. 18 |  Chap. 23 |  Chap. 45 |  Chap. 46 |  Chap. 93 |  Chap. 95  |  Chap. 122  |  Chap. 123 |  Chap. 124 |  Chap. 125 |  Chap. 136 |  Chap. 149 |  Chap. 155 |  Chap. 164  |  Chap. 165 |  Chap. 177 |  Chap. 207 |  Chap. 208 |  Chap. 245 |  Chap. 254 |  Chap. 255  |  Chap. 257 |  Chap. 270 |  Chap. 278 |  Chap. 279 |  Chap. 284 |  Chap. 285 |  Chap. 316  |  Chap. 317 |  Chap. 330 |  Chap. 333 |  Chap. 361 |  Chap. 364 |  Chap. 369 |  Chap. 443

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Chapter 95
April 1, 1932. | [S. 3706.] 47 Stat., 75.

An Act For the temporary relief of water users on irrigation projects constructed and operated under the reclamation law 1
Section 2  |  3  |  4  |  5  |  6  |  7  |  8  |  9  |  10

Margin Notes
Chap. 95 Irrigation on reclamation projects. Payments of construction charges deferred.
Chap. 95 32 Stat., 888. 36 Stat., 925.
Chap. 95 Calendar year 1931.
Chap. 95 1932.
Chap. 95 Application of interest and penalty provisions.
Chap. 95 Provisos. Interest as element in determination of power rate.
Chap. 95 Construction charges and interest payments not waived.
Sec. 2 Benefits to apply to individual water-right applicants.
Sec. 2 Uncompahgre reclamation project, Colo. 46 Stat., 1974; ante, 196, 245.
Sec. 3 Construction of drainage systems on, deferred. Payment.
Sec. 3 Grand Valley reclamation project, Colo. 46 Stat., 1202; ante, 230. Construction charges deferred.
Sec. 4 Resumption of payments of charges under existing contracts.
Sec. 4 When deferred construction installments due.
Sec. 4 36 Stat., 925; 38 Stat., 686; 44 Stat., 636.
Sec. 4 Exception.
Sec. 4 Additional installments authorized.
Sec. 4 When construction payments to continue under existing contracts. 43 Stat., 702. Reductions.
Sec. 5 Adjustment of construction, operation, and maintenance charges.
Sec. 6 Payment of construction, etc., charges, for 1930, etc., deferred.
Sec. 6 Annual installments.
Sec. 7 Delivery of water to delinquent individual user.
Sec. 8 Power sale profits to be deducted from payments.
Sec. 8 43 Stat., 703.
Sec. 8 Proviso. Not applicable unless Federal construction.
Sec. 8 Credits in excess of payment. Effect of acceptance hereof.
Sec. 9 Crediting payments of construction charges for 1931.
Sec. 10 Deferment of the repayment of moneys advanced to reclamation fund.
36 Stat., 835
46 Stat., 1507

Page 251

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any irrigation district, water-users' association, or other water-users' organization under contract with the United States for payment of construction charges under the Act of June 17,1902 (32 Stat. 388), or Acts amendatory thereof or supplementary thereto., including the Act of February 21, 1911 (36 Stat. 923) (upon acceptance of this Act by resolution of its board of directors or corresponding body), shall be required to make no payment on the regular construction charge for the calendar year 1931, and in lieu of the regular installment of construction charge provided for under existing contracts, may pay for the calendar year 1932 on the basis of 50 per centum of the amount which, but for this Act, would be payable under said contracts, such amount to be computed and determined for that year in the manner provided in said contracts and the law applicable thereto. Interest and penalty as now provided by law and contracts for nonpayments when due shall apply on all charges for 1932 adjusted as herein authorized; and otherwise the deferred payments herein authorized shall bear interest until paid at such rate, and shall be paid at such times, as the Secretary of the Interior shall determine: Provided, That in determining the rate for the sale of power during the irrigation season of 1931 to irrigation districts from any power plant operated by the Bu-


1 Made applicable to Indian reclamation projects, see post, 298, 328; 54 I. D. D., 90.

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reau of Reclamation, interest on the cost of the power system shall not be included as an element, but interest at the rate of 2 1/2 per centum per annum shall be included as an element of such rate for the sale of power to such districts during the irrigation season of 1932: And provided further, That the payments for construction charges and interest payments on the cost of the power systems referred to in this Act shall not be deemed waived, but only deferred, and shall be paid as provided in this Act.

SEC. 2.

On projects or divisions of projects where no irrigation district, water-users' association, or other water-users' organization has assumed joint obligation for payment of construction charges individual water-right applicants or entrymen upon acceptance of this Act in a manner satisfactory to the Secretary of the Interior, shall be required to make no payment on the regular construction charge for the calendar year 1931, and in lieu of the installments payable under existing contracts, may pay their regular installments of construction charges for the calendar year 1932 on the same basis as that authorized in section 1 hereof for districts, associations, and other water-users' organizations.

SEC. 3.

The Act of Congress approved January 31, 1931, entitled "An Act for the relief of the Uncompahgre reclamation project, Colorado" (Private, Numbered 300, Seventy-first Congress), is hereby amended to extend for one year from and after January 1, 1932, the time for beginning construction of drainage system upon the Uncompahgre project, and any and all construction charges accruing upon or for said project for or during the year 1932, shall be deferred and included in and made payable as a part of the project supplemental construction charge provided for in said Act of January 31, 1931; and in order to afford opportunity to complete the construction authorized by the Act of Congress approved February 21, 1931 (Public, Numbered 708), relating to the Grand Valley reclamation project, Colorado, any and all construction charges accruing upon or for said project for or during the year 1932 shall be deferred and shall be. included in and made payable as project supplemental construction charges under the terms as provided in this Act.

SEC. 4.

At the expiration of the period for which deferment of charges is made under this Act, all districts, water-users' associations, or other water-users' organizations, and all individuals accepting the provisions hereof shall resume payment of charges on the basis of and in accordance with existing contracts and shall continue payments thereafter until the entire indebtedness of said districts, water-users' associations, or other water-users' organizations, and individuals to the United States shall have been fully paid. In the case of a district, water-users' association or other water-users' organization, or individual having contracts executed pursuant, to the Act of February 21, 1911 (36 Stat. 925), the Act of August 13, 1914 (38 Stat. 686), or the Act of May 25, 1926 (444 Stat. 636)1, or any special Act the deferred construction installment or installments for the calendar year 1931, and that portion of the 1932 installment or installments deferred, together with the installment or installments of deferred construction and/or operation and maintenance for 1931 and 50 per centum of the installment and/or installments of such deferred charges for 1932, shall be paid as an additional installment to be due and payable one year after the date the last installment under existing contracts shall become due, except in those cases in which the Secretary of the Interior,


1So in original.

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whose decision shall be final, shall find necessary additional installments, which he is hereby authorized to fix. In the case of any district, water-users' association, or other water-users' organization, or individual under contract for payment of construction charge pursuant to subsection F, section 4, Act of December 5, 1924 (43 Stat. 702), construction payments shall be continued on the basis of existing contracts until the entire indebtedness to the United States, including all charges deferred pursuant to this Act, shall have been fully paid. Installments so carried over shall be subjected to the reductions provided for in section 8 hereof.

SEC. 5.

The Secretary of the Interior, in his discretion, and upon acceptance of the provisions of this section by the water users affected, in the manner provided in sections 1 and 2 hereof, may permit adjustment of construction and/or operation and maintenance charges heretofore deferred by contracts made pursuant to existing law to be made for the years 1931 and 1932 on the basis authorized in sections 1 and 2 hereof or on such other basis as the Secretary may find to be required in each case.

SEC. 6.

The Secretary of the Interior, in his discretion, is further authorized to defer the payment to the United States from any water-users' organization, as defined in section 1 hereof and from any individual water-right applicant or entryman of construction charges and installments of deferred construction and/or deferred operation and maintenance charges for the calendar year 1930 and prior thereto. Such deferred charges, together with penalty or interest to December 31, 1931, under existing laws and contracts shall be paid in such annual installments as the Secretary of the Interior may fix.

SEC. 7.

Any irrigation district, water-users' association, or other water-users' organization which has contracted to pay construction charges and which is not in arrears for more than one calendar year in the payment of any construction, operation, and maintenance, or other charge due by it to the United States may, at its option, deliver or authorize the delivery of water during the years 1932 and 1933 to water users who may be more than one year in arrears in the payment of charges or assessments due from such landowner or water user to the district or association.

SEC. 8.

In the case of any irrigation district, water-users' organization, or individual, receiving credits on account of power profits or other revenues under the provisions of subsections I and/or J, section 4, Act of December 5, 1924 (43 Stat. 703), or any other Act of Congress, when any extension is granted as provided in section 1, 2, or 4 the amount of such credits shall be deducted from the amount of any payment so extended: Provided, That the provisions of this section shall not apply to power profits or other revenues derived from works not constructed at the expense of the United States. The credits, if any, in excess of the payment so extended shall be applied as now provided by law and contract. Acceptance of the provisions of this Act shall operate as a waiver of any law and/or contract providing for application of credits different from that in this section prescribed.

SEC. 9.

Collections of construction charges for the calendar year 1931 (which charges are subject to adjustment and are adjusted under sections 1, 2, and 4 of this Act) and penalties and interest, if any, from water-users' organizations and individual water-right applications or landowners, heretofore made under existing contracts, shall be credited upon the succeeding payments as they become due, including operation and maintenance charges.

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SEC. 10.

That the Act of June 25, 1910, entitled "An Act to authorize advances to the reclamation fund, and for the issue and disposal of certificates of indebtedness in reimbursement therefor, and for other purposes," as amended, and the Act of March 3, 1931 (46 Stat. 1507), are hereby amended so as to provide that payments in reimbursement of moneys so advanced under these Acts and not heretofore repaid shall be made by transfer annually from the reclamation fund to the general funds of the Treasury beginning July 1, 1934.

Approved, April 1, 1932.


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