(c) No water shall be delivered to land under lease to non-Indians until the superintendent of the reservation certifies to the project engineer that the lessee has fully complied with the lease contract relative to the payment of the operation and maintenance assessment.

(d) 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 his assessment. Under such condition the assessment shall be entered on the accounts as a lien against the land, without penalty.

(e) The Superintendent may authorize the delivery of water without payment of Operation and Maintenance charges for the leaching of alkali and as an aid in reclaiming temporarily nonassessable land. The amount and delivery of free water will be made only under predetermined terms and conditions that have been mutually agreed to by the land operator and the Superintendent. Use of free water will be terminated and the land will be reclassified as assessable when, in the opinion of the Superintendent, the reclamation work is completed. In no event will free water be delivered for more than 2 years.

[30 F.R. 12125, Nov. 14, 1963, as amended at 30 F.R. 10044, Aug. 12, 1965]

§ 221.79 Delivery to fee owners.

No water shall be delivered to patent in fee landowners, until at least 50 percent of charges assessed in § 221.77 of this Part 221 is paid, and water delivery shall not be continued after July 1 unless the total charges shall have been paid.

§ 221.80 Delivery to Indian farmers.

No water will be delivered to Indians farming their own land, until the superintendent of the reservation shall have issued a certificate to the project engineer certifying that the Indian has paid or will pay such charges through the superintendent or that such Indian is financially unable to pay the charges. § 221.81 Delivery to lessees.

No water will be delivered to a lessee of Indian trust patent land, until the superintendent of the reservation shall have furnished the project engineer with a certificate stating that the lessee has

The annual basic operation and maintenance assessment rates for land to which water can be delivered under the Walker River Indian Irrigation Project in Nevada for the operation and maintenance of the project are hereby fixed at $3.65 per irrigable acre for non-Indian owned land and Indian owned land leased to non-Indians and $0.50 per irrigable acre for Indian owned land farmed and operated by Indians. The foregoing charges shall become effective for the calendar year 1963 and continued in effect thereafter until further notice.

[28 F.R. 7510, July 24, 1963] § 221.84

Payment.

The annual charges fixed in § 221.83 shall become due on April 1 of each year and are payable on or before that date. The delivery of water may be refused to tracts of lands for which the charges are not paid when due unless arrangements shall have been made as provided in this section. When an Indian owner of land under a trust patent or a fee patent, not under lease to a non-Indian, is financially unable to pay the charges from the proceeds of the crops, or from the proceeds of labor performed on the project works, or from any other source, the delivery of water may be continued if a written certificate be issued by the superintendent that such Indian is financially unable to pay his charges. Copies of such certificates shall be forwarded to the Commissioner of Indian Affairs and shall be subject to rejection or modification upon review. In such cases the charges shall be entered on the account and will stand as a first lien against the lands until paid but without penalty for delinquency. To all charges assessed against lands in non-Indian ownership and lands in Indian ownership under lease to a non-Indian lessee there shall be added a penalty of one-half of one percent per month or fraction thereof, from the due date, if not paid on or before July 1 following the due date.

§ 221.85 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.

WAPATO INDIAN IRRIGATION PROJECT,
WASHINGTON

SOURCE: §§ 221.86 to 221.94 appear at 22 F.R. 10659, Dec. 24, 1957, unless otherwise noted.

(b) Pursuant to the provisions of the Act of September 26, 1961 (75 Stat. 680), there shall be assessed and collected, beginning with the calendar year 1967 and until further notice but not to exceed a period of 10 years, an annual per acre charge of $0.20 to defray the cost of replacing a wooden pipeline.

(38 Stat. 583, 45 Stat. 210; 25 U.S.C. 385, 387) [32 F.R. 664, Jan. 20, 1967]

CROSS REFERENCE: For method of assessment of operation and maintenance charges, see § 201.16 of this chapter.

ect office, remaining unpaid on July 1, following, there shall be added a penalty of one-half of one percent for each month or fraction thereof, from the due date until the charges shall have been paid.

§ 221.88 Delivery to non-Indian lands.

No water will be delivered to nonIndian lands until all irrigation charges assessed against such lands for construction, operation and maintenance and all penalties that may have accrued, shall have been paid.

§ 221.89

Delivery to Indian lands being farmed by Indian farmers.

No water will be delivered to lands owned by Indian farmers until the charges fixed in § 221.86 shall have been paid, or until the Superintendent of the Reservation shall have issued a certificate to the Project Engineer, certifying that such Indian will pay such charges through the Superintendent, or that the Indian is financially unable to pay the charges.

§ 221.90 Delivery to Indian lands under lease.

No water will be delivered to trust Indian lands under lease until the lessee shall have paid the assessment fixed by § 221.86 and any penalties assessed under § 221.87, or, in cases where the lease provides that the landowners shall pay the operation and maintenance charges from the lease rental, no water shall be delivered until the Superintendent of the Reservation shall have issued a certificate to the Project Engineer, certifying that the lessee has complied fully with the terms of the lease. § 221.91 Maximum delivery on bench lands.

To protect adjointing lands against seepage and erosion by the excessive use of water on tracts located in the so-called bench areas, the maximum delivery of water is fixed at 42 acre-feet per acre. § 221.92 Assessable lands.

The following lands of the Wapato project will be assessable under this order:

(a) All Indian trust (A or B), land, designated as assessable by the Secretary of the Interior, except land which has not heretofore been cultivated, if in the opinion of the project engineer the cost of preparing such land for irrigation is so high as to preclude its being leased for agricultural purposes.

(b) All Indian trust (A or B) land, not designated as assessable by the Secretary of the Interior, for which application is made for water or on which water had been charged during the preceding year on the project books.

(c) All patent in fee land covered by a water right contract, except land that because of inadequate drainage is no longer productive. The adequacy of the drainage is to be determined by the project engineer.

(d) Any patent in fee land, in the discretion of the project engineer, on which a water right contract has been applied for or is being amended, upon the payment of charges; without prejudice to the rejection or approval of such contract.

§ 221.94 Leaching.

Water may be delivered for leaching purposes, without the payment of operation and maintenance charges, to any Indian trust land or patent in fee land covered by water right contract, which because of inadequate drainage facilities in the past has become impregnated with alkali to such an extent as to become nonproductive, provided the land has been classed as irrigable. In the case of patent in fee land all assessments on account of construction cost repayment, must be paid before water may be delivered.

WIND RIVER IRRIGATION PROJECT,
WYOMING

assessable area under the constructed works on the diminished Wind River Project and at $3.20 per acre on the Ceded Wind River Project; except in the case of all irrigable trust patent Indian land which lies within the Ceded Reservation and which is benefited by the Big Bend Drainage District where an additional assessment of $0.45 (45 cents) per acre is hereby fixed.

[32 F.R. 4282, Mar. 18, 1967]

CROSS REFERENCE: For method of assessment of operation and maintenance charges, see § 201.16 of this chapter.

§ 221.96 Payment.

The charges as fixed in § 221.95 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 non-Indian 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.

CROSS REFERENCE: For establishment of operation and maintenance regulations and assessment rate for the San Xavier Indian Irrigation Project, Arizona, see §§ 221.170 to 221.174.

Pursuant to the acts of August 1, 1914, and March 7, 1928 (38 Stat. 583, 45 Stat. 210; 25 U.S.C. 385, 387), the annual basic charges against the lands to which water can be delivered under the respective irrigation systems of the projects listed in this section are hereby fixed in the following amounts for non-Indian owned lands, Indian owned lands leased to nonIndians, and Indian owned and operated lands, for the calendar year 1963 and for each succeeding calendar year thereafter until further notice:

ANNUAL PER ACRE ASSESSMENT

in Indian ownership, not under lease to a non-Indian, and the Indian owners shall have made the necessary arrangements with the superintendent as hereafter provided. When any Indian owner of land not under lease to a non-Indian is financially unable to pay the operation and maintenance charges on the due date from cash on hand, the superintendent may make the necessary arrangements with such Indian owner as will permit him to perform labor on the irrigation project works with the understanding that the proceeds derived therefrom shall be applied in partial payment of the operation and maintenance charges; and/or the superintendent may make the necessary arrangements for such Indian owner to pay the operation and maintenance charges from the proceeds of the crops grown on the land when harvested and marketed within that calendar year, provided written statements to that effect are furnished by the Indian owner on or before the due date.

(c) 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 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 stating that such Indian is not financially able to pay his charges and copies thereof forwarded to the Commissioner of Indian Affairs for approval or rejection. 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.

§ 221.107 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.

TRIBAL AND TRUST PATENT INDIAN LANDS OF SAN CARLOS PROJECT, ARIZONA

SOURCE: §§ 221.110 to 221.116 appear at 22 F.R. 10660, Dec. 24, 1957, unless otherwise noted.

§ 221.110 Basic charge.

Pursuant to the provisions of section 10 of the Act of March 3, 1905 (33 Stat. 1081), as amended and supplemented by the Acts of August 24, 1912 (37 Stat. 522), August 1, 1914 (38 Stat. 583, 25 U.S.C. 385), section 5 of the Act of June 7, 1924 (43 Stat. 476), March 7, 1928 (45 Stat. 210, Title 25 U.S.C. 387), and the Act of August 9, 1937 (50 Stat. 577), as amended by the Act of May 9, 1938 (52 Stat. 291305), and in accordance with the public notice issued on December 1, 1932, operation and maintenance charges are assessable against the 50,000 acres of tribal lands and trust patent Indian lands of the San Carlos Indian Irrigation Project within the boundaries of the Gila River Indian Reservation, Arizona, and the basic rate assessed for the calendar year 1964 and the subsequent years unless changed by further order, is hereby fixed at $5.70. Such rate shall entitle each acre of land to have delivered for use thereon two (2) acre-feet of water per acre or its proportionate share of the available water supply. The assessment for the 50,000 acres of Indian land will be payable as provided in § 221.111 to § 221.116, inclusive.

(33 Stat. 1081; 37 Stat. 522; 38 Stat. 583; 50 Stat. 577; 52 Stat. 291-305) [29 F.R. 7021, May 28, 1964]

§ 221.111 Excess water charge.

For water delivered in excess of two (2) acre-feet per acre there shall be charged 50 cents per acre-foot per acre for the first acre-foot of excess water or fraction thereof delivered, and $1.50 per acre-foot or fraction thereof per acre for water delivered in excess of three (3) acre-feet per acre; provided there shall be no charge for free water delivered in accordance with existing regulations and no discrimination in the delivery of free water to Indian and non-Indian lands. § 221.112 Time and place of payment. Basic charges shall become due on January 1 of each year and shall be payable on or before May 15: Provided, No water shall be delivered prior to the payment of said basic charge unless pursuant to law proper arrangements have been made for such payment. Payment for excess water as provided in § 221.111

shall be made at the time of request for delivery thereof or previous to the time of delivery. Payment of these assessments and charges shall be made at the office of the superintendent of the Gila River Reservation at Sacaton, Arizona. § 221.114 Application for water service.

Before the first delivery of water is made an application for water service shall be made to the superintendent on an approved form provided by him and signed by the applicant, or an oral request may be made by the Indian to the superintendent, which application or request, when approved by the superintendent, will be furnished the project engineer of the Irrigation Service which will be his authority for delivery of irrigation water to the land described therein. For all subsequent deliveries of water the water users will notify the watermaster or ditchrider when delivery is desired.

The stored and pumped water of the project is deemed a common project water supply in which all lands of the entire project are entitled to share equally and all such water shall be distributed to the lands of the project as equitably as physical conditions permit. The portion of the common supply available for the Indian lands will be distributed in equal amounts per acre to each acre under cultivation and irrigation, in so far as is possible, and subject to beneficial use. Water users will be notified at the beginning of the season of the amount of stored and pumped water available and at later dates of additional apportionments as they are made. Waste of water by users must be avoided as far as is physically possible in order that the supply shall be sufficient for the entire area in crop. When floods produce a supply of water in excess of demands or available storage facilities, free water shall be declared available and all water users will be promptly notified thereof. Such water shall not be counted as a part of the apportioned share to the lands on which it is used.

§ 221.116 Care of farm ditches.

Water users will be required to keep their farm ditches in suitable condition to take water from project laterals and to carry it to the lands being irrigated. Failure to do this may result in refusal of delivery of water to lands on which the