amount of money each fiscal year for the operation and maintenance of the joint works for and on account of the Indian lands.

(d) Since the district has made payments to the project covering its share of the cost of joint works for the calendar year 1938, and its estimated share of the cost of the project maintenance to July 1, 1938, also the money collected by it for excess water deliveries during the year 1937; and since in any event there will be unadjusted credits due the district or payments due from it to the project on account of its share of said costs and its share of joint works maintenance and operation costs for the last half of the fiscal year 1939, it is hereby provided that any unadjusted credits or payments on account of said items existing on July 1, 1938, shall be adjusted at the first opportunity after the actual figures are determined by the project engineer, in any event within 30 days after the project engineer furnishes the district with a statement of its account with the project as of July 1, 1938, for and on account of the aforesaid items. The project engineer in determining what amount if any the district owes the project on July 1st on account of said items shall allow the district credit for 50 percent of the total project revenues derived from excess water deliveries for the calendar year 1937, to the extent such revenues have been collected and are available for project uses, but no credit can be allowed the district on account of such revenues due for deliveries to Indian lands during 1937 until made available by Congress; credit for such uncollected amounts shall be allowed on future payments by the district.

§ 221.69e Delivery of water and operation and maintenance charges for district lands and works.

(a) The district, in accordance with the repayment contract, shall make an annual charge against lands of the district, designated in this section as the basic charge, for operation and maintenance of district works and for the district's share of operation and maintenance of joint works which charge when collected will, together with its proper share of revenue from the anticipated excess water charges hereinafter provided for, cover the cost of operating and maintaining said district works and pay the district's share of operating and maintaining the joint works.

(b) The district, in accordance with the repayment contract, shall deliver two (2) acre-feet of water or such part thereof as may be legally and physically available, to each irrigated acre in the district on payment of its said basic charge and any other charges due the district or the United States under the provisions of the Landowners' Agreement and the Repayment Contract: Provided, That all sums due the United States provided for in this section shall have been paid by the district in accordance with the provisions of this order and the terms of the repayment contract; all additional water, except free water, as provided for in the repayment contract shall be paid for by the landowners and collected by the district, at the rate of fifty cents (50%) per acre-foot for the third acre-foot per acre and at the rate of one dollar fifty cents ($1.50) per acrefoot for all additional water delivered, but the Secretary retains the right to change at any time the charge for excess water.

(c) In order to protect the interests of the United States and facilitate the collection of the construction charges due from the landowners within the district owing to the United States, it is further provided that the district shall maintain an organization which will not entail an overhead expense disproportionate to the services which it renders the landowners in the operation and maintenance of said district works.

(d) It is further provided that if at any time the Secretary determines that the charges made by the district for operation and maintenance of the district works are excessive, the district shall proceed immediately upon written notice from the Secretary of the Interior to reduce said cost, to a maximum to be fixed in such notice by the Secretary of the Interior and if within a reasonable time the district finds itself unable to meet the demands of the Secretary in that regard the Secretary may withdraw the operation and maintenance of the district works from the district. The Secretary retains full power to determine what constitutes a reasonable time within the meaning of this section.

§ 221.69f Delivery of water and operation and maintenance charges for and on account of the Indian lands and works.

As provided in this part, the United States will make available for operat

ing and maintaining the joint works the aforesaid share thereof due on account of the 50,000 acres of Indian lands in said project. In addition thereto the United States or the Indians shall provide an amount of money which will be sufficient to meet the per acre cost of maintaining and operating the Indian works, which said per acre cost shall be termed the basic charge for Indian lands and shall be paid or provided for at the time and in the manner provided from time to time by the Secretary of the Interior in accordance with law and the repayment contract. It is further provided that when the basic charge for Indian lands plus the Indians' per acre share of the cost of joint works has been determined and the payment thereof made by the Indians in advance or provided for by the United States then there shall be delivered to each irrigated acre of Indian land two acre-feet of water or such part thereof as may be legally and physically available annually; and all additional water, except free water as provided for in the repayment contract, delivered to Indian lands shall be upon such terms as may be prescribed by the Secretary from time to time as provided for in Article 11 of the repayment contract, but until further order in that regard it shall be paid for in advance by the Indians or provided for by the United States in advance of delivery at the rate of fifty cents (50g) per acre-foot for the third acre-foot per acre and at the rate of one dollar fifty cents ($1.50) per acrefoot for all additional water delivered. § 221.69g Application of funds from excess water deliveries and sales. The revenue from charges for excess water deliveries shall be used and paid as provided in the repayment contract, and its provisions shall be considered as having been complied with as long as the district operates and maintains district works, if the said collections shall be made and applied as follows:

(a) Both the district and the Indian unit or the United States for the Indians shall be entitled to use 50 percent of the total of such charges due or collected hereafter from both Indian and district lands in any one year to meet, to the extent it will, their respective basic sum charges. Where deliveries to district lands exceed those to Indian lands or vice versa, any balance due to or owing from either by reason of such differences

shall be adjusted at the end of each calendar year by proper payments from the district or credits to it. Such payments or credits to be made on or before March 1, of the succeeding year as provided in the repayment contract.

(b) In harmony with the act of March 7, 1928 (45 Stat. 210), and Article 12 of the repayment contract, it has been the practice since the San Carlos project has been in operation to furnish water when available to the State prison near Florence, and to the cities and towns in the project as well as to the agency grounds and gardens and the experimental farm at Sacaton, and it is believed that so long as that can be done it will be to the best interests of the project to continue such uses of water. It is contemplated that contracts and such proper orders as may be required will be made in the near future to carry that policy into effect on a well-defined and permanent basis. When that shall have been done all such services as may be required from the district or the Indian unit to deliver water to said agencies shall be paid for as shall from time to time be provided by the Secretary of the Interior.

(c) All money received from the sale or leasing of water to any or all of the aforesaid public institutions for public enterprises, and beautification, where such service shall be rendered by the district or the Indian unit, shall after due compensation as aforesaid for such service, be used and paid in the same manner provided herein with reference to money received from excess water deliveries. In the event, however, that the project joint works can and does render the service to any or all of said public institutions without using district or Indian unit works, it shall make the collections and the revenue shall go into the joint works operation and maintenance fund and be used to reduce the amount due for that purpose from the district and the Indian unit each year.

§ 221.69h Florence-Casa Grande project lands.

(a) There are certain lands of the Florence-Casa Grande project which have water rights, but have not been merged as yet with the San Carlos project. It is necessary that said lands be served in part through project canals the amount of water to which, under the law and the Florence-Casa Grande agreement, they are entitled. It is contemplated that contracts and proper orders

shall be made with the Florence-Casa Grande landowners, which shall provide among other things for payment by them of construction costs and operation and maintenance charges of the FlorenceCasa Grande project. The operation and maintenance charges collected from said lands shall be paid into the San Carlos project operation and maintenance fund and be used to reduce the assessments for joint works against Indian and district lands each year. The district shall be allowed due compensation however for any service which it may be required to and renders to said lands or to the State lands or cities and towns. The extent of service and compensation shall be agreed upon hereafter, but in the event an agreement can not be reached in that regard mutually satisfactory to the project engineer, the district and the Indian unit, the Secretary retains the right to determine such matters.

(b) It is further provided that until such permanent arrangements have been consummated for the State lands, the cities, towns and villages, the FlorenceCasa Grande lands and the non-project Federal agency lands at Sacaton, that the district will continue as in the past to deliver to the Florence-Casa Grande project lands, such water as they are entitled to in accordance with law and the Florence-Casa Grande agreement and shall collect from said landowners such operation and maintenance charges as shall be determined upon and fixed by the Secretary of the Interior from year to year, and it will also deliver to the State prison lands and the cities and towns such water as may be allotted to them upon the same terms as has heretofore been done. The Indian unit will make deliveries to the Federal agencies for which it shall also be allowed compensation to be hereafter fixed on a per acre basis: Provided, The project shall be allowed a credit of $1.80 per acre for service it performs on account of said agencies for the year 1937. All net revenue from collections made on said temporary basis shall be paid to the San Carlos project joint works.

§ 221.69i United States and district to keep and exchange records.

The district and the Indian unit or the United States for it will keep records of the amounts and rates of delivery of water to farm units of the district, and the amount and rate of delivery of water to the Indian lands, according to methods

approved by the Secretary of the Interior. They will furnish to each other a summary of such amounts and rates of supply for their information. These records are to be kept open for inspection by the Indian unit, the United States and the district. Such records of the deliveries to district lands served through Government operated canals will be furnished the district in detail for assessment purposes.

§ 221.69j District compliance with Gila decree.

It is further provided that the district in the operation and maintenance of said district works and the delivery of water to the project lands within the district and the delivery of water to FlorenceCasa Grande project lands shall use every legal means at its command to see that the terms of the Gila decree are not violated and to cooperate with the project engineer and the Federal court water commissioner in the enforcement of its terms and provisions.

§ 221.69k Division of project equip

ment.

(a) Equipment belonging to the San Carlos project shall be divided as between joint works, the district, and the Indian unit of the project, according to the needs of each unit. All equipment used or needed for the operation and maintenance of joint works shall first be selected from available project equipment by the project engineer and shall be designated as belonging to the project for joint works. A division of the remaining equipment shall be made by the district and the project engineer on such equitable basis as will most nearly equalize the benefits to both the district and Indian units in the use of said equipment in the operation and maintenance of their respective units of the project. In the event that an agreement cannot be reached as to this division the matter or disagreement shall be promptly referred to the Secretary of the Interior, together with a statement of the requirements of each as to such equipment, and his decision in the matter shall be final.

(b) The value of such equipment as may be taken over by the district or the Indian unit of the project shall be paid for by the party receiving it. The payment therefor shall be made to the project disbursing agent or other properly designated project employee. The amount to be paid by each of said parties

for the equipment turned over to them, respectively, shall be the current, approved value of said equipment as shown on the project inventory and equipment accounts. Said equipment shall be paid for by the party receiving same at the time said property is turned over: Provided, however, That the district may use any unadjusted credit due it from the project on January 1, 1938, in payment for any such equipment taken over by it, and the Indian unit may pay for such equipment as it takes over such terms as may be agreed to by the project engineer, but in the event the said Indian unit takes over any such equipment on terms other than by payment at the time of delivery, it shall in any event pay the full value thereof as of the date when so taken over, even though the equipment be worn out or destroyed before it shall have been paid for.

(c) When, in the judgment of the project engineer, emergencies exist, or at such other times as in his judgment economies may be effected in the operation and maintenance work on any part of the project he may, at the request of the district or the Indian unit, use joint works equipment together with its operating crews to do the emergency work or effect economies, if it can be done without sacraficing joint works activities. In the event joint works equipment shall have been used as aforesaid, joint works shall be fully compensated by the unit for which the work shall have been performed, on an actual per diem or shift basis, according to the procedure established by the project in accounting for the cost chargeable to the particular piece or pieces of equipment so used at the time such work may be done as aforesaid for the district or Indian unit.

§ 221.691 Certain features contingent on appropriations.

It should be remembered that the provisions of §§ 221.69a-221.69m, to the extent that funds are required to be made available by the United States beyond the fiscal year 1939, are dependent upon appropriations being made by Congress for such purposes. The United States, however, through its Secretary of the Interior, will use every legal effort at its command to see that the assessments which may become due for joint and Indian works as provided for herein are made available to the project or other proper Indian service official, to the end that the project joint works and the In

dian works may be maintained and operated in the best possible manner so as to promote efficiency and economy in the use of water and conserve the project water supply.

§ 221.69m

Supervisory control retained.

Sections 221.69a-221.691 are not intended to be and shall not be construed as an amendment or modification of either the landowners' agreement or the repayment contract, but as an administrative operating order made pursuant to the provisions of the repayment contract for the purpose of defining the conditions upon which certain of the objectives provided for in said contract may be achieved.

The Secretary reserves the right to exercise at any time any and all rights, powers and privileges given him by law and the aforesaid contracts with reference to the San Carlos Federal Irrigation Project, whether specifically mentioned in §§ 221.69a-221.691 or not, including the right to supervise, through his duly authorized representatives, to the extent he may deem necessary, the doing of the maintenance and operation work conditionally delegated in §§ 221.69a-221.691 to the district. Secretary also retains the right to modify §§ 221.69a-221.691 and impose new or modified conditions on the district from time to time and to permit the Indian unit to be operated in whole or in part by the Indians if deemed advisable; also to revoke in whole or in part, at any time, this or any amended or modified order. FLORENCE-CASA GRANDE INDIAN IRRIGATION PROJECT, ARIZONA

The

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 River Decree, which shall be assessed against privately owned lands of the Florence-Casa Grande irrigation project not included in the San Carlos Indian irrigation project, are hereby fixed at $1.50 per acre for the calendar year 1946 and until further notice.

The San Carlos irrigation and drainage district, pursuant to §§ 221.69a221.69m, shall collect the charges as provided for in §§ 221.70 and 221.71, 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 $1.00 per acre, for each acre to which water shall be delivered and the charges collected, and shall pay the balance of such amount to the project engineer of the San Carlos irrigation project for the benefit of the joint works.

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 under charges for the lands the Toppenish-Simcoe Irrigation Project, Yakima Indian Reservation, Washington, for the calendar year 1964 and subsequent years until further notice, are hereby fixed as follows:

All lands for which application for water is made and approved by Project Engineer, per acre--

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

§ 221.74 Delivery to fee owners.

$3.25

No water shall be delivered to patent in fee landowners, until at least 50 percent of the charges assessed in § 221.73 is paid, and water delivery shall not be continued after July 1, 1934, unless the total charges shall have been paid.

§ 221.75 Delivery to Indian farmers.

No water will be delivered to Indians farming their own land until the charges are paid to the Indian Irrigation Serv

ice as required in this order of patent in fee owner, or 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 charges.

§ 221.76 Delivery to lessees.

No water shall be delivered to lessees of trust Indian lands, until the lessee shall have paid as required in this order of patent in fee owners. 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.

UINTAH INDIAN IRRIGATION PROJECT, UTAH SOURCE: §§ 221.77 to 221.81 appear at 28 F.R. 12125, Nov. 14, 1963, unless otherwise noted.

§ 221.77 Basic water charges.

Pursuant to the provisions of the Acts of June 21, 1906 (34 Stat. 375), and March 7, 1928 (45 Stat. 210, 25 U.S.C. 387), the reimbursable costs expended in the operation and maintenance of the Uintah Indian Irrigation Project, Utah, are apportioned on a per-acre basis against the irrigable lands of all units of the project, and for the calendar year 1960 and each succeeding year until further order, there shall be collected for each acre of irrigable land to which water can be delivered from the constructed works, a uniform basic charge of $3.00 per acre per annum, where not otherwise established by contract. No bill shall be rendered for less than $4.00.

CROSS REFERENCE: For method of assessment of operation and maintenance charges, see § 199.18 of this chapter. § 221.78

Payment.

(a) The assessments fixed in § 221.77 of this part shall become due on April 1 of each year, and are payable on or before that date.

(b) 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 onehalf of 1 percent per month, or fraction thereof, from the due date until paid.