date with the Superintendent to pay the operation and maintenance charges from proceeds of crops grown on the land when the crops are harvested and marketed within that calendar year or from any other source of funds available to the Indian landowner. In those cases where the Indian is financially unable to pay, the unpaid charges shall be entered on the accounts and will stand as a first lien against the land until paid but without penalty for delinquency. (b) The Superintendent allows postponement of payment of the water charges by Indians in hardship cases. Such postponements, however, are not to exceed sixty days from February 1. (c) Assignments or leases of Indian lands that become effective during the last half of the calendar year, and basic charges have not been paid in full, and irrigation water is desired during that half of the calendar year, the assignee or lessee will be required to pay prior to delivery of water, one-half the annual basic charge, for delivery of not to exceed one-half of the annual basic allotment of water, and if the lease term ends on June 30, the lessee shall be charged one-half of annual basic assessment for that calendar year, plus excess water charges for water used in excess of onehalf of the annual basic allotment. (1) The excess water charge is payable at the time of written request for such water and must be paid prior to delivery of the excess water, except as provided under paragraph (a) of this section. (2) No water shall be delivered for use on Indian trust lands under lease until the Superintendent of the Indian Reservation has certified that the lessee has paid the required operation and maintenance charges and complied with all the terms of the lease contract. [23 F.R. 1255, Feb. 28, 1958, as amended at 28 F.R. 4093, Apr. 25, 1963] § 221.8a Water users responsible for water after delivery. It is the duty of the Indian Irrigation Service to furnish available water for beneficial irrigation use only. It is the duty of all water users of the project to aid in the prevention of the waste of water and 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 of proper capacity and in The annual operation and maintenance charges are hereby fixed for the lands under the various units in the amounts named in this section, on the Colville Indian Irrigation Project, Washington. (a) The per acre per annum rates for the following units are: Nespelem Unit $5.00; Little Nespelem Unit $5.00. All patent in fee lands and all Indian trust lands to which water can be delivered for irrigation and on which application for water services is made by the water users and approved by the Superintendent of the Indian Reservation, are subject to the above rates. (b) The per acre per annum rate for the Monse Pumping Unit is hereby fixed at $5.00 per acre for all patent in fee lands for which there are water right contracts, and for all Indian trust lands to which water can be delivered for irrigation. These charges shall apply regardless of whether water is requested or not. [24 F.R. 499, Jan. 22, 1959] (c) To any charges against non-Indian land or Indian land under lease to non-Indians remaining unpaid after July 1 there shall be added a penalty of onehalf of one percent per month or fraction thereof from the due date until paid. (d) In any instance where the superintendent is convinced that an Indian landowner, whose land is not under lease to a non-Indian, is financially unable to pay his operation and maintenance charges from proceeds of the crops being grown on the lands, or from any other source, water may be delivered if a written certificate is issued by the superintendent stating that such Indian is not financially able to pay such charges. In such cases, the unpaid charges shall be entered on the accounts and will stand as a first lien against the land until paid but without penalty for delinquency. [24 F.R. 6088, July 30, 1959] § 221.11 Delivery contingent on pay ment. (a) No water shall be delivered to any tract of land under the Nespelem and Little Nespelem Units until the entire irrigation charges for the current year shall have been paid. No water shall be delivered to any tract of land under the Monse Pumping Unit until at least 50 percent of the current year's charges have been paid. Water delivery shall not be continued after July 1 unless the total charges for the year have been paid, except as provided in § 221.10(d). (b) No water shall be delivered to lands in non-Indian ownership until all delinquent charges, plus penalties, for previous years have been paid. (c) No water shall be delivered to Indian lands under lease until the lessee has paid all charges, plus penalties in the case of a non-Indian lessee, which have accrued during the period of his lease. (d) A water user who has fulfilled all requirements and is eligible to have water delivered to him shall give the ditch rider 48 hours notice in advance of the time he wishes to receive water or discontinue delivery of water to his tract. [24 F.R. 6088, July 30, 1959] § 221.11a Water users responsible for water after delivery. It is the duty of the Indian Irrigation Service to furnish available water for beneficial irrigation use only. It is the duty of all water users of the project to aid in the prevention of the waste of water and 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 of proper capacity and in suitable condition for the use of economical heads of water. [22 F.R. 10649, Dec. 24, 1957] CROW INDIAN IRRIGATION PROJECT, der the Crow Indian Irrigation Project and under certain private ditches for the calendar year 1962 and subsequent years until further notice, are hereby fixed as follows: For the assessable nondistrict area un der constructed works on all Government-operated units excepting Coburn Ditch, per acre-- For the assessable area under con- For the assessable area on certain [27 F.R. 694, Jan. 24, 1962] Payment. $3.10 1.74 1.30 . 15 .75 То The charges as fixed in § 221.12 shall become due on April 1 of each year, and are payable on or before that date. all charges assessed against lands in nonIndian ownership and Indian lands under lease to non-Indian lessees which are not paid on or before July 1 of each year, there shall be added a penalty of onehalf of 1 percent per month or fraction thereof from the due date, April 1, so long as the delinquency continues. No water shall be delivered until such charges have been paid; except that 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 has made satisfactory arrangement to pay the assessments from proceeds of crops or from other sources. Penalty interest charges shall not be assessed against lands owned by an Indian water user, nor against Indian lands under lease to an Indian lessee. [23 F.R. 614, Jan. 30, 1958] § 221.13a Charges, Big Horn Irrigation District. Pursuant to a contract executed by the Big Horn Irrigation District, Crow Indian Irrigation Project, Montana, and approved by the Secretary of the Interior on June 28, 1948, notice is hereby given that an assessment of $3.10 per acre is hereby fixed for the season of 1962 and subsequent years until further notice, for the operation and maintenance of the irrigation systems which serve that portion of the project within the confines and under the jurisdiction of the Big Horn Irrigation District. This assessment is applicable to an area of approximately 8,000 acres; does not include any lands held in trust for Indians and covers all proper general charges and project overhead. [26 F.R. 6713, July 27, 1961] § 221.13b Charges, Lower Little Horn and Lodge Grass Irrigation District. (a) Pursuant to a contract executed by the Lower Little Horn and Lodge Grass Irrigation District, Crow Indian Irrigation Project, Montana, and approved by the Secretary of the Interior on June 28, 1948, notice is hereby given that an assessment of $3.10 per acre is hereby fixed for the season of 1962 and subsequent years until further notice, for the operation and maintenance of the irrigation systems which serve that portion of the project within the confines and under the jurisdiction of the Lower Little Horn and Lodge Grass Irrigation District. This assessment is applicable to an area of approximately 2,500 acres; does not include any lands held in trust for Indians and covers all proper general charges and project overhead. (b) Pursuant to a second contract executed by the above district and approved by the Assistant Secretary of the Interior on June 28, 1951, notice is hereby given that an assessment of fifteen cents ($0.15) per acre is hereby fixed for the season of 1962 and subsequent years until further notice for the operation and maintenance of the Willow Creek storage works which serve storage water either directly or by substitution to that portion of the project within the confines and under the jurisdiction of the Lower Little Horn and Lodge Grass Irrigation District. [26 F.R. 6713, July 27, 1961] § 221.13c Charges, Upper Little Horn Irrigation District. (a) Pursuant to a contract executed by the Upper Little Horn Irrigation District, Crow Indian Irrigation Project, Montana, and approved by the Secretary of the Interior on June 28, 1948, notice is hereby given that an assessment of $3.10 per acre is hereby fixed for the season of 1962 and subsequent years until further notice for the operation and maintenance of the irrigation systems which serve storage water either directly or by substitution to that portion of the project within the confines and under the jurisdiction of the Upper Little Horn Irrigation District. This assessment includes an area of approximately 1,500 acres; does not include any lands held in trust for Indians and covers all proper general charges and project overhead. (b) Pursuant to a second contract executed by the above district and approved by the Assistant Secretary of the Interior on June 28, 1951, notice is hereby given that an assessment of fifteen cents ($0.15) per acre is hereby fixed for the season of 1962 and subsequent years until further notice, for the operation and maintenance of the Willow Creek storage works which serve storage water either directly or by substitutions to that portion of the project within the confines and under the jurisdiction of the Upper Little Horn Irrigation District. [26 F.R. 6713, July 27, 1961] § 221.13d Time of payment. The amount of assessments fixed in §§ 221.13a, 221.13b and 221.13c shall be paid by the respective irrigation districts to the United States, one-half thereof on or before February 1, in advance of the delivery of water for that season, and the remainder on or before July 1 following, of each year. To all assessments not paid on July 1 of each year, there shall be added a penalty of one-half of one per cent per month, or fraction thereof, from the due date so long as the delinquencies continue; and the right is reserved to refuse delivery of water to a district or individual landowner in the event of default by the district or landowner in the payment of assessments, including penalties on account of delinquencies. [22 F.R. 10650, Dec. 24, 1957] § 221.13e General regulations. The irrigation districts shall comply fully with the general rules and regula In compliance with the provisions of the acts of August 1, 1914 (38 Stat. 142) and March 7, 1928 (45 Stat. 210, 25 U.S.C. 387), the annual charges for the operation and maintenance of the subdivisions of the Flathead Indian Irrigation Project, Montana, which are not included under any of the irrigation districts, are hereby fixed and are payable as provided in §§ 221.16 to 221.22, inclusive (as amended May 1, 1947). § 221.16 Charges, Jocko Division. (a) An annual minimum charge of $3.10 per acre, for the season of 1967 and thereafter until further notice, shall be made against all assessable irrigable land in the Jocko Division that is not included in an Irrigation District organization, regardless of whether water is used. (b) The minimum charge when paid shall be credited on the delivery of the pro rata per acre share of the available water up to 11⁄2 acre-feet per acre for the entire assessable area of the farm unit, allotment, or tract. Additional water, if available, will be delivered at the rate of two dollars and seven cents ($2.07) per acre-foot or fraction thereof. [32 F.R. 5621, Apr. 6, 1967] § 221.17 Charges, Mission Valley and Camas Divisions. (a) (1) An annual minimum charge of $3.48 per acre, for the season of 1967 and thereafter until further notice, shall be made against all assessable irrigable land in the Mission Valley Division that is not included in an Irrigation District organization regardless of whether water is used. (2) The minimum charge when paid shall be credited on the delivery of the pro rata per acre share of the available water up to 12 acre-feet per acre for the entire assessable area of the farm unit, allotment, or tract. Additional 124 F.R. 2488, Mar. 31, 1959. water, if available, will be delivered at the rate of two dollars and thirty-two cents ($2.32) per acre-foot or fraction thereof. (b) (1) An annual minimum charge of $3.50 per acre, for the season of 1967 and thereafter until further notice, shall be made against all assessable irrigable land in the Camas Division that is not included in an irrigation District organization regardless of whether water is used. (2) The minimum charge when paid shall be credited on the delivery of the pro rata per acre share of the available water up to 12 acre-feet per acre for the entire assessable area of the farm unit, allotment, or tract. Additional water, if available, will be delivered at the rate of two dollars and thirty-three cents ($2.33) per acre-foot or fraction thereof. [32 F.R. 5621, Apr. 6, 1967] CROSS REFERENCE: For method of assessment of operation and maintenance charges, see § 194.17 of this chapter. § 221.18 Lands with secretarial private water rights. (a) For all areas recognized by the Secretary of the Interior as entitled to so-called private water rights where the water is regulated by the Flathead irrigation project and delivered through any part of the Flathead irrigation project system, a charge equal to fifty percent of the annual operation and maintenance charge for project lands not having such private water rights in the same general area shall be made for water delivered up to two acre-feet per acre or such quantity of water allowed for each acre under the Secretary's private water-right findings. (b) Upon filing a written application on the approved form by the owner of land with a secretarial private water right for a pro rata per acre share of the available water, natural flow and project stored supply, which application shall be a recognization that his land has relative water requirements as the soils of similar character of project lands, then there shall be delivered each irrigation season thereafter to his lands, the pro rata per acre share of the available water for which shall be paid the annual per acre charge fixed in §§ 221.16 and 221.17. The lands covered by any application filed pursuant to this section shall be treated from the date of the application as a part of the Flathead Indian irrigation The charges as fixed in §§ 221.16 and 221.17 shall become due on April 1 of each year, and are payable on or before that date. To all charges assessed against lands in non-Indian ownership and Indian lands under lease to nonIndian lessees which are not paid on or before July 1 of each year 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, April 1, so long as the delinquency continues. No water shall be delivered until such charges have been paid; except that 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 or other official in charge of the project that such Indian is not financially able to pay the assessment, or has made satisfactory arrangement to pay the assessments from proceeds of crops or from other sources. Penalty interest charges shall not be assessed against lands owned by an Indian water user, nor against Indian lands under lease to an Indian lessee. [24 F.R. 4030, May 19, 1959] § 221.21 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. § 221.22 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 §§ 221.16 to 221.19, inclusive, to the entire assessable irrigable area for which application for delivery of water has been made and approved, then the project engineer shall reduce 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: Provided, That, for those tracts located in the Mission Valley and Camas divisions of the Flathead irrigation project only, after an agreement has been reached between a landowner and the project engineer as to duty of water on individual tracts where the landowner claims excess requirements on account of porous or gravelly soils, the project engineer may, pending further order, increase the quantity of water to be delivered under the minimum assessment to such porous or gravelly tract, provided it shall not exceed 4 acre-feet of water per acre per season for the assessable irrigable area of the farm unit, allotment or tract. FLATHEAD IRRIGATION DISTRICT, FLATHEAD INDIAN RESERVATION, MONTANA SOURCE: §§ 221.24 to 221.25a appear at 22 F.R. 10650, Dec. 24, 1957, unless otherwise noted. § 221.24 Charges. Pursuant to a contract executed by the Flathead Irrigation District, Flathead Indian Irrigation Project, Mont., on May 12, 1928, as supplemented and amended by later contracts dated February 27, 1929, March 28, 1934, August 26, 1936, and April 5, 1950, there is hereby fixed for the season of 1968 an assessment of $282,739.33 for the operation and maintenance of the irrigation system which serves that portion of the project within the confines and under the jurisdiction of the Flathead Irrigation District. This assessment involves an area of approximately 81,081.34 acres, which does not include any land held in trust for Indians and covers all proper general charges and project overhead. [32 F.R. 7771, May 27, 1967] CROSS REFERENCE: For method of assessment of charges, see Part 195 of this chapter. § 221.25 Payment. The assessment fixed in § 221.24 shall become due and payable one-half on or |