AUTHORITY: The provisions of this Part 199 issued under secs. 1, 3, 36 Stat. 270, 272, as amended; 25 U.S.C. 385.

SOURCE: The provisions of this Part 199 appear at 28 F.R. 12123, Nov. 14, 1963, unless otherwise noted.

CROSS REFERENCE: For rights-of-way for the construction of irrigation projects, Uintah Reservation, Utah, see Part 161 of this chapter.

§ 199.1 Organization.

The Uintah project is under the charge of the Superintendent, Uintah and Ouray Agency, acting through the project engineer, who is fully authorized to administer, carry out and enforce the rules and regulations in this part, either directly or through project employees delegated by him, such as watermasters, ditchriders, foremen and other assistants. The project engineer or his representative is fully authorized to refuse or discontinue delivery of water to any person who willfully disregards the rules and regulations in this part.

§ 199.2 Irrigation season.

Water will be turned into the canals and laterals on March 1 1or irrigation purposes and discontinuea on November 1. The time when water will be turned into the canals and laterals may be postponed for 15 days and the time for discontinuing the flow may be advanced 15 days, depending upon weather conditions and the amount of maintenance work to be done.

§ 199.3 Domestic and stock water.

Irrigation projects are primarily built and maintained for serving land with water for the irrigation of crops during the growing season and not for supplying domestic and stock water during the winter months or non-irrigation season. Domestic and stock water will be carried in the project canals before and after the irrigation season only when such practice will not be detrimental to the canal system. Domestic or stock water will not be carried in project canals when such use of the canals will interfere with maintenance work necessary in preparing the canals and laterals for the next irrigation season.

For the purpose of the rules and regulations in this part and the delivery of water, a farm unit on the Uintah project shall consist of:

(a) Forty or more contiguous acres of land in single ownership.

(b) Forty or more contiguous acres of Indian-owned land under lease to the same person or being farmed by the same Indian.

(c) A minimum of 40 contiguous acres of land in multiple ownership provided that such contiguous 40 acres shall be within the same 40-acre subdivision of the United States public land surveys. § 199.5 Delivery point.

Water will be delivered by the project to one point on the upper boundary of each farm unit on the project, and the project shall maintain the lateral system to said delivery point: Provided, however, That where, under the system as at present constructed, there has been established a point of delivery for a farm unit, no further extensions to the project lateral system will be made by the project, even though such farm unit be subdivided into tracts of 40 acres or more under the same or different ownership. Any additional laterals necessary to deliver water to such subdivided tracts of said farm units as originally established shall be constructed by the landowner, at his expense, so as to receive water from the delivery point as originally established for said farm unit, and said lateral or laterals shall be thereafter, at all times, maintained and operated by the owner or owners benefited. In special cases where from a cost or topographic standpoint it is impracticable for the landowner or lessee to irrigate the entire irrigable area of his tract from one delivery point, the project engineer is authorized to establish additional delivery points but in no instance shall more than one delivery point be established and maintained when the landowner or lessee can at a reasonable expense provide for delivery by the construction or suitable head ditches.

§ 199.6 Method of delivery.

Water for irrigation purposes will be delivered through the irrigation season for the lands under the Lakefork, Uintah, and Whiterocks Rivers by the rotation method. Rotation schedules for the lands under the canals diverting from these rivers will be prepared under the

direction of the project engineer and will be put into effect each season as soon as it is determined what acreage is to be irrigated. A written copy of the water schedule will be delivered to each water user showing the time that his turn starts on each particular tract and the duration of such turn.

§ 199.7 Delivery to lands under the Duchesne River.

Water will be delivered to all lands under the Duchesne River upon demand until such time as the project engineer deems it advisable to adopt the rotation method of delivery. In the event the rotation method is adopted under the canals diverting from this river the same procedure will be followed that is used under the Lakefork, Uintah, and Whiterocks Rivers: Provided, That the project engineer shall first give reasonable notice, in advance, to all users to be affected by adoption of same.

Water will be delivered to all lands under the Lakefork, Uintah and Whiterocks Rivers in accordance with the provisions of the decrees of the Federal court in the cases of United States v. Dry Gulch Irrigation Company, et al.1 and United States v. Cedarview Irrigation Company, et al.,' which decrees fix the maximum duty of 3 acre-feet per acre for the period from March 1 to November 1 of each year. The division of water in all cases shall be made or authorized by a watermaster or ditchrider; and any person who in any manner interferes with the flow of water within or from the project canal, or who opens, closes or in any manner changes the position of a headgate in a project canal or lateral without specific authority to do so, will be liable to prosecution. The cutting of a canal or lateral bank for the purpose of diverting water from the canal and the placing of obstruction in a canal or lateral for the purpose of increasing or decreasing the amount of flow through a project canal headgate will be considered a violation of this section. The rate of delivery will be substantially in accordance with the following schedule, which schedule is subject to modification by the project engineer at such time as changed climatic and water supply conditions might prove

1 Unreported case.

(a) All necessary headgates, checks, drops, turnouts, flumes and measuring devices will be installed and maintained by the project. Any person or corporation desiring to build a bridge or other structures over, under, in or across a project canal, lateral or drainage ditch, shall first obtain from the project engineer a written permit to build such structures, which permit shall stipulate that it is granted, and accepted by the permittee, on the condition that the repair and maintenance of the structures shall be the duty of the permittee, or his successors, without cost to the project. The permit shall further provide that if any such structure be not regularly used for a period of one year or more the project engineer may notify the person responsible for its maintenance to remove it within a period of 90 days; and that if the structure is not removed within the time allowed, it may thereafter be removed by the project engineer, the cost of such removal to be paid by the party responsible for the maintenance of the structure.

(b) Where a new irrigation project is installed, or an existing project is extended to an area without existing roads, and the construction of roads, bridges or culverts becomes necessary, the project engineer shall investigate the possibility of liquidating all or part of the cost of such construction by securing funds from any governmental agency providing funds for such purposes, and he is authorized to negotiate, subject to the approval of the Commissioner of Indian Affairs, any necessary agreement with such governmental agency.

(c) All persons or corporations are warned against the violation of this section.

maintained by the project. Such ditches which have been or may be placed upon the project right-of-way are considered an encroachment, and are subject to regulation contained in § 199.15. The watermaster and ditchriders are authorized to refuse delivery of water to ditches that are not in proper condition to receive and convey it to the place of use with a minimum loss.

§ 199.15 Right-of-way.

For use in the necessary activities and emergencies incident to the operation and maintenance of the irrigation system, there is reserved for a right-of-way along all canals, laterals, sublaterals and drains, in addition to the land actually occupied by such channels and their embankments, measured from the outside limits of the embankments or channel, a strip of land of sufficient width on each side of said canals, laterals, sublaterals and drains to permit the operation of maintenance equipment, making repairs and improvements, and travel by the project ditchriders.

§ 199.16 Obstructions and their removal.

No trees, buildings, hay or straw stacks, or other obstructions are to be placed upon said reserved right-of-way by any adjacent landowners or others. Any trees, buildings, hay or straw stacks, or other obstructions of any kind whatsoever, located upon said right-of-way may be ordered removed by the project engineer, and if not removed by the person or persons placing them thereon they shall be removed under the supervision of the project engineer at his discretion, and the cost of such removal shall be added to the cost of operation and maintenance for the particular tract of land under the project belonging to the persons so placing or causing such obstructions to be placed thereon. § 199.17

Fencing.

No fences shall be placed within the right-of-way excepting those crossing a canal or lateral, and in such cases a gate of approved type shall be installed and maintained by the property owner, or each side of the canal or lateral, of sufficient width to permit the operation of maintenance equipment and travel on the banks of the canal or lateral by the ditchrider. The gate must be provided with some approved convenient type of fastening which will permit the ditch

rider to open and close it with a minimum loss of time. Any wire or timbers used in fencing across a canal or lateral shall not be lower than 12 inches above the maximum high water surface. § 199.18 Assessments.

Bills for the yearly assessment of construction and operation and maintenance charges will be issued each year to the record owner or lessee of the land within the project. The annual per-acre charge for operation and maintenance shall be levied against the entire irrigable area of each farm unit or allotment to which irrigation water can be delivered from present constructed works. Charges shall become due and payable in accordance with the order fixing operation and maintenance charges issued annually by the Secretary of the Interior. The provision of the order regarding refusal of delivery of water in case of delinquency shall be enforced. An additional operation and maintenance charge may be made if water is delivered by the project to tracts of less than 40 acres in area. The amount of this additional charge, if any, will be stated in the order fixing operation and maintenance charges.

CROSS REFERENCE: For regulations pertaining to construction costs, see Part 211 of this chapter. For orders fixing operation and maintenance charges, see §§ 221.77-221.81 of this chapter.

All complaints must be made in writing to the superintendent. In case of dispute regarding application of rules and regulations and decisions of the superintendent made pursuant thereto, appeal may be made to the Area Director, Phoenix, Arizona who will settle the dispute or refer it to the Commissioner of Indian Affairs whose decision will be final.

§ 199.23 Carriage agreements.

The superintendent is vested with authority to enter into permanent carriage agreements with non-project water users to convey non-project water through project facilities for delivery to nonproject lands. The superintendent is also vested with authority to enter into permanent carriage agreements with private irrigation and ditch companies for the conveyance of water through non-project facilities for delivery to isolated tracts of Indian land that cannot be served from project facilities.

Method of delivery.

Preparations; submission and ap

proval; schedule of delivery.

Division of water.

Waste water.

Right-of-way.

Obstructions and their removal.

Structures.

Service ditches.

ation.

200.14

Service ditch as an obstruction.

No persons other than those specifically designated by the project engineer are authorized to regulate project structures or to interfere in any way with project-operated canals or any works appurtenant thereto or to the water flowing therein.

§ 199.21 Crop and statistical report.

A crop and statistical report on forms furnished for that purpose will be taken each year by the ditchrider or some person authorized to do so. This report will show the number of acres devoted to each crop, total yield and value of crops for each unit of the project and for the entire project.

his representative may refuse delivery of water to any water user or landowner who disregards or fails to comply with the regulations of this part. The project engineer is vested with authority to execute on behalf of the Secretary of the Interior water right applications by landowners of the project on the approved departmental form of application.

§ 200.2 Irrigation season.

Water will be available for irrigation purposes from April 1 to September 30 each year. These dates may be varied as much as 15 days when weather conditions and the necessity for doing maintenance work seems to warrant doing so. § 200.3 Farm unit.

For the purpose of the rules and regulations in this part and the delivery of water, a farm unit on the Wapato project shall consist of:

(a) Eighty or more contiguous acres of land in single ownership covered by one or more water right contracts.

(b) Eighty or more contiguous acres of Indian owned land under lease to the same person or being farmed by the same Indian.

(c) A minimum of 80 contiguous acres in multiple ownership provided that such contiguous 80 acres shall be within the same 80-acre subdivision of the United States public land surveys.

(d) That in all cases where an original Indian allotment consisted of less than 80 acres such original Indian allotment whether under single or multiple ownership and/or covered by one or more water right contracts or whether under lease to the same or different lessees or whether farmed by one or more Indians, shall be treated as a farm unit.

§ 200.4 Delivery point.

(a) The project will deliver water to one point on the boundary of each farm unit on the project, except that where the cost or topography makes it impractical for the landowner to irrigate the entire irrigable area of his tract from one delivery point, the Project Engineer may establish additional delivery points if the landowner cannot, at a reasonable expense, provide for the delivery by the construction of suitable head ditches.

(b) The project will maintain canals, laterals and necessary appurtenances in proper condition to make deliveries of water at such elevation as is necessary to serve each farm unit by gravity flow.

Where portions of a farm unit lie at an elevation too high to be watered by gravity flow from the present normal elevation of water level in the canal system, no change will be made in the water level elevation of the canal system so as to place water on such land. Where such land has been included in the project, the landowner may install and operate pumping equipment at his own expense to raise the water to such included land at a point on the canal designated by the Project Engineer and in accordance with his specifications. If the landowner so installs pumping equipment and pays the project construction and maintenance charges, the project will deliver in its canal at such point of installation the same amount of water per acre for his land as the project delivers at the delivery point for other lands on the project.

The division of water in all cases shall be made or authorized by a watermaster or ditchrider and any person, who in any manner interferes with the flow of water in or from the project canal or who opens, closes or in any manner changes the position of a headgate in a project canal or lateral without specific authority to do so, will be liable to prosecution. The cutting of a canal or lateral bank for the purpose of diverting water from the canal and the placing of obstruction in a canal or lateral for the purpose of increasing or decreasing the amount of flow through a project canal headgate will be considered a violation of this section.