The basic operation and maintenance assessment against the lands under the Salt River Irrigation Project in Arizona to which water can be delivered through the irrigation project works is hereby fixed at $7.35 per acre for the year 1960 and subsequent years until further notice. The payment of the per acre assessment shall entitle the land for which payment is made to receive three acrefeet of water per annum or such lesser amount as represents the proportionate share of the available supply of water. [25 F.R. 2731, Mar. 31, 1960]

The annual basic charge fixed in § 221.120 shall be due and payable on or before May 1, 1947, and on April 1 of each year thereafter until further notice. Charges not paid on the due date shall stand as a first lien against the lands until paid.

§ 221.122 Delivery of water.

Delivery of water shall be refused to all tracts of land for which the basic charge remains unpaid on the due date except that water may be delivered (a) to irrigate Indian owned lands that are not under lease, permit, or other form of use by someone other than the Indian owner, upon the partial payment on or before the due date of not less than $2.00 per acre per annum of the basic charge; (b) to irrigate Indian owned lands not under lease, permit, or other form of use by someone other than the Indian owner when said owner is unable to pay any part of the basic charge, upon the performance of labor on project works and the prior agreement that he will pay from the proceeds received for such work at least an amount equal to $3.50 per acre per annum; and (c) to irrigate not to exceed 10 acres of Indian owned land when the Superintendent is of the opinion that an Indian landowner is unable to meet the requirements of paragraphs (a) or (b) of this section, when the Superintendent certifies to that fact.

Pursuant to the acts of Congress approved August 1, 1914; May 18, 1916; and March 7, 1928; 38 Stat. 583; 39 Stat. 142; 45 Stat. 210; 25 U.S.C. 385, 387, the basic rate of assessment of operation and maintenance charges against the irrigable lands to which water can be delivered under the Blackfeet Indian Irrigation Project, Montana, for the season of 1962 and subsequent years until further notice is hereby fixed at $2.25 per acre per annum for the delivery of not to exceed one and one-half acre feet of water per acre for the assessable area under constructed works, water to be delivered on demand based upon an estimated quota of the available supply. [27 F.R. 1359, Feb. 14, 1962]

§ 221.131 Excess water assessment.

Additional water, when available, may be delivered upon request at the rate of $1.25 per acre foot, or fraction thereof. [27 F.R. 1359, Feb. 14, 1962]

month or fraction thereof from the due date, April 1, so long as the delinquency continues.

(d) In the event an Indian water user is unable to pay the assessment when due, water may be furnished upon certification by the Superintendent of the Reservation, that the land owner or his Indian lessee has agreed that the assessment will be paid from the proceeds of the crops or from other sources of income, or that such Indian is financially unable to pay such charges. In such cases where the Indians are financially unable to pay the charges, the unpaid charges shall be entered on the accounts as a first lien against the land without penalty for delinquency.

(e) All payments must be made to the Bureau of Indian Affairs through the Blackfeet Agency, Browning, Montana. [23 F.R. 2402, Apr. 12, 1958]

SAN XAVIER INDIAN IRRIGATION PROJECT,

The annual basic operation and maintenance assessment rate for land to which water can be delivered under the San Xavier Indian Irrigation Project, Arizona, not to exceed two acre feet of water per acre annually, is hereby fixed at $15.00 per acre for non-Indian owned land and Indian owned land leased to non-Indians and $2.00 per acre for Indian owned and operated lands. The foregoing rates shall become effective for the calendar year 1963 and continue in effect thereafter until further notice. Additional water if and when available, in excess of two acre feet per acre per annum, may be delivered upon written application of the landowner or lessee at the rate of $6.00 per acre foot or fraction thereof.

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

shall be paid in advance of the delivery of water.

§ 221.172 Delivery.

The delivery of water shall be refused to all tracts of land for which the charges have not been paid except where the lands are in Indian ownership, not under lease to non-Indians, and the Indian owners are financially unable to pay the assessment when due. In such instances, water may be delivered under the following conditions:

(a) The Indian owner shall make necessary arrangements with the Superintendent to pay the assessment from proceeds derived for labor performed on the project works as authorized by the Superintendent, or from proceeds of crops grown on the land when harvested and marketed within that calendar year.

(b) In any instances where the Superintendent is convinced that an Indian landowner, whose land is not under lease to a non-Indian, is financially uable to pay his assessment from proceeds for labor performed on the project works, or from the proceeds of crops grown on the land, or from any other source, water may be delivered following certification by the Superintendent to the official in charge of the irrigation project that such Indian is financially unable to pay the assessment.

The annual basic operation and maintenance assessment rates for land to which water can be delivered under the Fort Apache Indian Irrigation Project in Arizona for the operation and maintenance of the project are hereby fixed at $8.50 per irrigable acre for nonIndian owned land and Indian owned land leased to non-Indians and $4.00 per irrigable acre for Indian owned lands farmed and operated by Indians. The foregoing charges shall become effective for the calendar year 1963 and continue in effect thereafter until further notice. [28 F.R. 7510, July 24, 1963]

The annual assessment shall become due and payable on March 1 of each year except that in cases of Indians farming their own land who are unable to pay the assessment when due, water may be delivered to their land under the following conditions:

(a) The Indian owner shall make necessary arrangements with the Superintendent to pay the assessment from proceeds derived for labor performed on the project works as authorized by the Superintendent, or from proceeds of crops grown on the land when harvested and marketed within that calendar year. (b) In any instance when the Superintendent is convinced that an Indian landowner, whose land is not under lease to a non-Indian, is financially unable to pay his assessment from proceeds for labor performed on the project works, or from the proceeds of crops grown on the land, or from any other source, water may be delivered following certification by the Superintendent to the official in charge of the irrigation project that such Indian is financially unable to pay the assessment. In such cases, all unpaid charges shall be entered on the accounts and will stand as a first lien against the land benefited until paid without penalty. § 221.182 Domestic and stock water.

Domestic and stock water may be carried in the project canals and laterals during the winter months of non-irrigation season only when such practices will not be detrimental to the canal system or the lands affected thereby; when it will not interfere with maintenance work; and when no additional costs will

accrue to the irrigation water users as a result of the practice.

§ 221.183 Water users responsibility.

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 economical use of the irrigation water.

§ 221.184 Water schedule.

A water service schedule shall be worked out by project officials in cooperation with all water users. This schedule shall be complied with as circumstances and physical conditions will permit.

CHUICHU INDIAN IRRIGATION PROJECT,
ARIZONA

SOURCE: §§ 221.190 to 221.195 appear at 24 F.R. 3759, May 9, 1959, unless otherwise noted.

The annual basic operation and maintenance assessment rates for land to which water can be delivered under the Chuichu Indian Irrigation Project, Arizona, for operation and maintenance of the project are hereby fixed at $22.00 per acre for non-Indian owned lands and Indian owned lands leased to non-Indians and $2.00 per irrigable acre for Indian owned lands farmed and operated by Indians. The foregoing charges shall become effective for the calendar year 1963 and continue in effect thereafter until further notice. Payment of the annual basic per acre rate entitles the landowner to delivery of not to exceed four acre feet of water per acre annually. Additional water, when available, may be delivered upon written application of the landowner or lessee at the rate of $5.00 per acre foot or fraction thereof. [28 F.R. 7510, July 24, 1963] § 221.191

Payments.

charges have not been paid when due, except where the lands are in Indian ownership, not under lease to non-Indians, and the Indian owner shall have made the necessary arrangements with the Superintendent as hereinafter 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, the Superintendent may make the necessary arrangements with such Indian owner as will permit him to perform labor on the irrigation project works, the proceeds derived therefrom to be applied in partial payment of such charges. The Superintendent may also make 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 arrangements to that effect are made with the Superintendent by the Indian owner prior to the delivery of water.

(b) 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 made to the land

§ 231.1

Purpose of regulations.

The rules and regulations in this part are approved for the conduct of electric power system of the Colorado River Project, Arizona. The rules and regulations of this part are subject to change by the proper authority and such changes will apply to all contracts then and afterwards in effect.

§ 231.2 Authority of project engineer.

The project engineer is responsible for operation of electric power system and enforcement of public notices establishing rates and rules and regulations. He is fully authorized to carry out and enforce the rules and regulations in this part either directly or through the power superintendent or other project employees designated by him. § 231.3

Disputes.

In case of dispute regarding application of rules and regulations and decisions of the project engineer made pursuant thereto, appeal may be made to the proper supervising engineer who will adjust or refer to Commissioner of Indian Affairs whose decision will be final. While an appeal is pending electric service will not be discontinued except in case of emergency by reason of the existing dangerous conditions provided for in § 231.36, provided payments or deposits are made as provided in § 231.31.

§ 231.4 Applications; contracts.

In order to become a consumer under the Colorado River Project electric power system, an application shall be made which becomes a contract upon the approval of the Project Engineer. In general, service will be rendered to all applicants signing valid contracts where service lines exist. The Project Engineer is authorized to reject applications where it does not appear that the rules

and regulations in this part will be complied with, or when not to the interest of the United States. Upon 30 days' written notice to the contractor, the Project Engineer may suspend or cancel any contract upon failure to comply with rules and regulations or to make payment under the standard schedule of rates. Negotiations for contracts involving special conditions or service within town sites of record will be subject to approval by the Commissioner of Indian Affairs.

§ 231.5

Cash deposits.

Cash deposit in advance in the amount of twice the estimated monthly bill, but not less than $10 will be required from all consumers except property owners. In case of delinquency by property owners such advance payment will be required for 1 year, after which deposit will be returned.

§ 231.6 Deposits waived.

Deposit requirements in the case of tenants will be waived when property owner jointly signs the tenant's contract, subject to delinquency clause in § 231.5. § 231.7 Deposits returned.

The consumers cash deposit less the amount of any unpaid bills for electric service will be returned to him when service is discontinued by order of the consumer. The special disbursing agent will require the consumer to sign a proper refund voucher before returning the net cash deposit.

§ 231.8 Deposits for extensions.

For extensions beyond existing service lines and for temporary service, certain guarantees and deposits may be required as prescribed in §§ 231.10-231.19. § 231.9 Service bills.

Certain service bills, for removal, reconnection charge, and final settlement are payable on presentation. § 231.10 Extensions.

In so far as practicable all extensions will be constructed along established highways and transformers placed thereon.