Under the provisions of the acts of February 14, 1920 (41 Stat. 409) and March 7, 1928 (45 Stat. 210) and based on forty equal annual payments, the annual per acre assessment is hereby fixed at $0.42 per acre for the year 1957 and each succeeding year until the entire cost for each tract shall have been repaid to the United States Treasury. On those tracts where payments have been made pursuant to Part 211 of this chapter, annual assessments beginning with the year 1957 at the rate of $0.42 per acre will be made until the entire cost of $16.7535 per acre shall have been repaid to the United States Treasury. Landowners may pay at any time the total of the then remaining indebtedness. Under the act of March 10, 1928 (45 Stat. 210) the unpaid charges stand as a lien against the lands until paid.

Deferment of assessments on lands remaining in Indian ownership. 218.5 Assessments after the Indian title has been extinguished.

AUTHORITY: The provisions of this Part 218 issued under sec. 1, 41 Stat. 409, 45 Stat. 210; 25 U.S.C. 386, 387.

SOURCE: The provisions of this Part 218 appear at 28 F.R. 6536, June 26, 1963, unless otherwise noted.

§ 218.1

Construction costs and assessable acreage.

The construction program has been completed on the Wapato-Satus Unit of the Wapato Indian Irrigation Project, and the construction costs have been established by Designation Report dated August 1962 as $7,903,823.12 for the project and $1,499,073.62 for the "B" lands share of the construction costs of the Bureau of Reclamation reservoirs on the Yakima River. The area benefited by this development has been established at 136,559.59 acres divided into 79,025.68 acres of "A" land and 57,533.91 acres of "B" land. Under the requirements of the acts of February 14, 1920 (41 Stat. 409), and March 7, 1928 (45 Stat. 210), these costs are to be repaid to the United States Treasury by the owners of the lands benefited.

§ 218.2 Repayment of construction costs.

The cost per acre of the construction under § 218.1 is, therefore, calculated at $57.8782 for "A" lands and $83.9337 for "B" lands in non-Indian ownership as established by Designation Report dated August 1962. Under the provisions of the acts cited in § 218.1 the annual per acre assessment for forty equal annual payments, is hereby fixed at $1.45 per acre for "A" lands and $2.10 per acre

for "B" lands for the year 1962 and each succeeding year, until the entire cost for each tract shall have been repaid to the United States Treasury. On those tracts where payments have been made pursuant to uncodified special regulations, annual assessments beginning with the year 1962 at the rate of $1.45 per acre for "A" lands and $2.10 per acre for "B" lands will be made until the entire cost of $57.8782 per acre for "A" lands and $83.9337 per acre for "B" lands shall have been repaid to the United States Treasury. Landowners may pay at any time the total of the then remaining indebtedness. Under the act of March 10, 1928 (45 Stat. 210), the unpaid charges stand as a lien against the lands until paid.

construction costs against Indian-owned land within the project until the Indian title thereto has been extinguished.

§ 218.5 Assessments after the Indian title has been extinguished. Indian-owned lands passing to nonIndian ownership shall be assessed for construction costs and the first assessment shall be due on December 31 of the year that the Indian title is extinguished. The construction costs against this land will be established as provided by section 5 of the act of September 26, 1961 (75 Stat. 680). The annual per acre assessment rate will be determined by dividing the established construction cost per acre into forty equal payments. "B" lands will also be assessed for reservoir construction costs at the annual peracre rate as established in the Designation Report dated August 1962. Assessments against this land will continue until the entire established construction costs shall have been repaid to the United States Treasury. Landowners may pay at any time the total of the then remaining indebtedness. Under the act of March 10, 1928 (45 Stat. 210), the unpaid charges stand as a lien against the lands until paid.

AUTHORITY: The provisions of this Part 221 issued under secs. 1, 3, 36 Stat. 270, 272, as amended; 25 U.S.C. 385, unless otherwise noted.

AHTANUM INDIAN IRRIGATION PROJECT,
WASHINGTON

SOURCE: §§ 221.1 to 221.5a appear at 22 F.R. 10647, Dec. 24, 1957, unless otherwise noted. § 221.1 Charges.

Pursuant to the provisions of the acts of August 1, 1914 and March 7, 1928 (38 Stat. 583 and 45 Stat. 210; 25 U.S.C. 385, 387), the operation and maintenance charges on lands of the Ahtanum Indian Irrigation Project, Yakima Indian Reservation, Washington, for the calendar year 1964 and subsequent years until further notice, are hereby fixed at $3.25 per acre per annum for each irrigable acre of land to which water can be delivered from the project works.

[29 F.R. 607, Jan. 24, 1964]

§ 221.2 Time of payment.

The charges as fixed in this part shall become due April 1 of each year, and are payable on or before that date. To all the charges assessed against owners of patent in fee lands not paid on July 1 of the year in which they fall due, there shall be added a penalty of one-half of 1 percent per month, or fraction thereof, from April 1 of that year, so long as the delinquency continues.

§ 221.3

Deliveries to fee owners.

No water shall be delivered to patent in fee landowners, until at least 50 percent of the current year's charges assessed in this part is paid, and water delivery shall not be continued after July 1, unless the total charges for the year shall have been paid.

§ 221.4 Deliveries to Indian farmers.

No water shall be delivered to Indians farming their own land, until the charges are paid to the Indian Irrigation Service as required of patent in fee owners in § 221.3, or until the superintendent of the reservation shall have issued a certificate to the project engineer certifying that the Indian will pay such charges through the superintendent or that such Indian is financially unable to pay the charge, and such unpaid charges shall be entered on the accounts as a first lien against the land, without penalty.

86-046-68- -22

No water shall be delivered to lessees of Indian lands or non-Indian lands, until the lessee shall have paid as required in the case of patent in fee owners, § 221.3. Or, in cases where the terms of the lease provide that the landowner shall pay the operation and maintenance charges from the lease rental, no water shall be delivered until the superintendent of the reservation shall have furnished the project engineer a certificate stating that the lessee has fully complied with all the terms of the lease.

§ 221.5a Water users responsible for water after delivery.

It is the duty of the Indian Irrigation Service to furnish water for beneficial irrigation use only. It is the duty of all water users, as designated in §§ 221.3221.5, to assist in the prevention of waste and the prevention of damage to adjacent lands. The water users are responsible for the water after it has been delivered to their lands and are required to have their field ditches in suitable condition and of proper capacity to permit the use of economical heads of water. COLORADO RIVER INDIAN IRRIGATION PROJECT, ARIZONA

§ 221.6 Charges.

Pursuant to the provisions of the acts of Congress approved August 1, 1914,and March 7, 1928 (38 Stat. 583, 45 Stat. 210; 25 U.S.C. 385-387), the annual basic charge against the land to which water can be delivered under the Colorado River Indian Irrigation Project in Arizona, for the operation and maintenance of that project, is hereby fixed at $9.00 per irrigable acre, whether water is used or not. Payment of this charge will entitle the water user to but not in excess of, eight acre-feet of water per acre per annum on certain sandy areas as described in a schedule on file at the Colorado River Indian Agency, and available for inspection by interested parties, and to five acre-feet of water per annum per irrigable acre on all other lands. With the approval of the Superintendent, additional water, reasonably sufficient to carry away alkali salts, may be allowed on certain alkali tracts at no additional charge for the purpose of reclaiming lands by the usual methods, such as flooding and leaching. The foregoing

One-half the annual basic water charge fixed in § 221.6 shall become due and payable on February 1 of each year, which entitles the wateruser to not more than one-half of the annual basic water allotment prior to July 1. The second half of the annual basic water charge will be due and payable on June 15 which shall entitle the wateruser to not more than the remaining one-half of the annual basic water allotment. Water delivery will not be continued for any tract after July 1 of any year unless and until the remaining half of the basic water charge shall have been paid. To all charges assessed against fee land and Indian lands under lease to a nonIndian which are not paid on or before June 15 of each year there shall be added a penalty of one-half of one percent per month or fraction thereof from February 1 until paid. Water will not be delivered to any tract of land in succeeding years until full payment of the previous years' operation and maintenance assessments, inclusive of penalties, has been made or unless arrangements have been made under paragraph (a), (b), or (c) of this section.

(a) The Superintendent is convinced that an Indian landowner, whose land is not under lease to a non-Indian, is financially unable to pay operation and maintenance charges on his land from proceeds of labor performed on the project works, or from the proceeds of the crops being grown on the land, or from any other source, the delivery of water may be continued if a written certificate is issued by the Superintendent which concludes that such Indian is not financially able to pay such charges; or the Indian landowner whose land is not under lease to a non-Indian makes written arrangements on or before the due