ect. Request cards are required for each irrigation, and upon completion of a delivery the water user shall acknowledge same by signing the water request card. Ditchriders are specifically prohibited from making water delivery to any water user until he (the ditchrider) receives notice from the project office that all charges have been paid and proper water request cards have been filed by the water user. Water request cards for all completed deliveries must be filed in the project office at the end of each month during the irrigation season, and he must also file a statement of all uncompleted deliveries with the estimated acreage irrigated under such requests to the end of the month.

§ 191.7 Duty of water.

Water will be delivered, subject to the provisions of the regulations in this part, on demand basis so long as a sufficient quantity is available for project use. In case of a shortage of water, the project engineer is authorized to adopt a rotation system, either for the entire project or for individual units thereof, when, in his opinion, such action is for the best interests of the project in the apportionment to each water user of his just proportionate share of the available water supply.

§ 191.8 Users responsible for delivered

water.

It is the duty of the Indian Irrigation Service to furnish water for beneficial irrigation use only, and it is the duty of the water user to assist in the prevention of waste, and also prevent damage to adjacent lands. Water users are responsible for water after it is delivered to their land, and they are required to have their field ditches in suitable condition and of such capacity as to permit the use of economical heads.

§ 191.9 Waste water.

Water users will be required to construct and maintain in good order and repair upon their lands, such ditches as may be necessary to catch and conduct to some waste canal, ditch or natural drainage channel, all waste water flowing upon or from their lands. No waste water shall be allowed to flow upon a road or highway right of way, and no waste water will be allowed to collect within 20 feet of any canal or lateral belonging to the United States, nor shall any waste water ditches be

(a) All necessary headgates checks, drops, turnouts, flumes and measuring devices will be installed and maintained by the project. Any person or corporation desiring to build a bridge or other structures over, under, in or across a project canal, lateral or drainage ditch, shall first obtain from the project engineer a written permit to build such structures, which permit shall stipulate that it is granted and accepted by the permittee on the condition that the repair and maintenance of the structures shall be the duty of the permittee, or his successors, without cost to the project. The permit shall further provide that if any such structure be not regularly used for a period of one year or more the project engineer may notify the person responsible for its maintenance to remove it within a period of 90 days; and that if the structure is not removed within the time allowed, it may thereafter be removed by the project engineer, the cost of such removal to be paid by the party responsible for the maintenance of the structure.

(b) Where a new Irrigation project is installed, or an existing project is extended to an area without existing roads, and the construction of roads, bridges, or culverts becomes necessary, the project engineer shall investigate the possibility of liquidating all or part of the cost of such construction by securing funds from any governmental agency providing funds for such purposes, and he is authorized to negotiate, subject to the approval of the Commissioner of Indian Affairs, any necessary agreement with such governmental agency.

(c) All persons or corporations are warned against the violation of this section.

§ 191.11 Head or service ditches.

The head or service ditches are those ditches to which delivery of water is made by the ditchrider or watermaster from

canals or laterals operated and maintained by the project. Such ditches which have been or may be placed upon the project right-of-way are considered an encroachment, and are subject to regulation contained in § 191.12. The watermaster and ditchriders are authorized to refuse delivery of water to ditches that are not in proper condition to receive and convey it to the place of use with a minimum loss. While the water is measured at the point of delivery to ditches from canals and laterals operated and maintained by the project and the loss would be to the detriment of the user, the law provides that water must be used beneficially.

$191.12 Right-of-way.

For use in the necessary activities and emergencies incident to the operation and maintenance of the irrigation system, there is reserved a right-of-way along all canals, laterals, sublaterals and drains, in addition to the land actually occupied by such channels and their embankments, measured from the outside limits of the embankments or channel, a strip of land of sufficient width on each side of said canals, laterals, sublaterals and drains to permit the operation of maintenance equipment, making repairs and improvements, and travel by the project ditchriders.

§ 191.13 Obstructions; their removal.

No trees, buildings, hay or straw stacks, or other obstructions are to be placed upon said reserved right-of-way by any adjacent landowners or others. Any trees, buildings, hay or straw stacks, or other obstructions of any kind whatsoever, located upon said right-of-way may be ordered removed by the project engineer, and if not removed by the person or persons placing them thereon they shall be removed under the supervision of the project engineer at his discretion, and the cost of such removal shall be added to the cost of operation and maintenance of the particular tract of land under the project belonging to the persons so placing or causing such obstructions to be placed thereon.

sufficient width to pass ditch cleaning equipment and to permit travel on the banks of the canal or lateral by the ditchrider. Such gates must be provided with some approved convenient type of fastening which will permit the ditchrider to open and close them with a minimum loss of time. Any wire or timbers used in fencing across a canal or lateral shall not be closer than 12 inches to the maximum high water surface. § 191.15 Water users' ledgers.

Separate entries shall be made in the water users' ledgers for each tract. Bills are issued to the record owner, and payments made thereon are credited to the proper ledger accounts.

§ 191.16 Assessments.

The annual per acre charge for operation and maintenance shall be levied against the entire irrigable area of each farm unit or allotment to which irrigation water can be delivered from present constructed works. Charges shall become due and payable in accordance with the annual public notice issued each year, and the provisions of the annual public notice regarding refusal of delivery of water in case of delinquency shall be enforced.

§ 191.17 Interference with project operation.

No persons other than those specifically designated by the project engineer are authorized to regulate project structures or to interfere in any way with project operated canals or any works appurtenant thereto, or the water flowing therein.

§ 191.18 Crop and statistical report.

A crop and statistical report on forms furnished for that purpose will be taken each year by the ditchrider or some person authorized to do so. This report will show the number of acres devoted to each crop, total yield and value of crops for each unit of the project and for the entire project.

For the purpose of the rules and regulations in this part and for the delivery of water, a farm unit shall be defined as a contiguous area of land in single ownership containing not less than one 40-acre subdivision of the public survey regardless of its original status as a farm unit or allotment. In the case of leases a farm unit shall be defined as the contiguous area under a single lease.

§ 192.5 Delivery point.

The general rule of the project shall be one delivery point at the upper boundary of the farm unit or allotment, and the project shall maintain the lateral system to that extent. In special cases where from a cost or topographic standpoint it is impracticable for the landowner or lessee to irrigate the entire irrigable area of his tract from one delivery point, the Commissioner shall be authorized to establish additional delivery points but in no instance shall more than one delivery point be established and maintained when the landowner or lessee can at a reasonable expense provide for delivery by the construction of suitable head ditches.

§ 192.6 Method of delivery.

Water for irrigation purposes shall be delivered throughout the irrigation season at the discretion of the Commissioner either by the continuous flow or rotation method.

§ 192.7 Duty of water.

Water shall be delivered subject to the provisions of the regulations in this part, on a demand basis so long as a sufficient quantity is available for project use. In case of a shortage of water, the Commissioner is authorized to adopt a rotation system, either for the entire project or

for individual units thereof when, in his opinion, such action shall be for the best interests of the project. In the apportionment of the water each user shall receive his proportionate share of the available water supply on an irrigable area basis.

§ 192.8 Water users responsible for delivered water.

It shall be the duty of the Bureau of Indian Affairs to furnish water for beneficial irrigation use only, and it shall be the duty of the wateruser to assist in the prevention of waste, and also prevent damage to adjacent lands. Water users shall be held responsible for water after it is delivered to their land, and they shall be required to have their field ditches in suitable condition and of such capacity as to permit the use of economical heads.

In all cases waste water shall be kept to a minimum consistent with good irrigation practice and the wateruser shall be held responsible for the disposal of all waste water, coming from his fields, in such a manner that no injury shall be done to his land or other land by flooding or "subbing". Waste water may be emptied into project canals, laterals and drain ditches only at such points as have been designated for that purpose by the Commissioner, who shall have the right summarily to shut off water from any lands where he finds that water is being unnecessarily wasted or that the provisions of this section are being violated by the owner of such land, or other person who may be in charge of such land under authority of the owner.

§ 192.10 Right-of-way.

For use in the necessary activities and emergencies incident to the operation and maintenance of the irrigation system, there shall be reserved a right-ofway along all canals, laterals, sub-laterals and drains, in addition to the land actually occupied by such channels and their embankments, measured from the outside limits of the embankments or channel, a strip of land of sufficient width on each side of said canals, laterals, sublaterals and drains to permit the operation of maintenance equipment, making repairs and improvements, and travel by the project ditchriders.

No trees, buildings, hay or straw stacks, or other obstructions, shall be placed upon said reserved right-of-way by any adjacent landowners or others. Any trees, buildings, hay or straw stacks, or other obstructions of any kind whatsoever, located upon said right-of-way may be ordered removed by the Commissioner, and if not removed by the person or persons placing them thereon they shall be removed under the supervision of the Commissioner at his direction, and the cost of such removal shall be added to the cost of operation and maintenance for the particular tract of land under the project belonging to the persons so placing or causing such obstructions to be placed thereon.

No fences shall be placed in the rightof-way except those crossing a canai, lateral or drain ditch, and in such case a gate of approved type shall be installed and maintained by the property owner on each side of the canal, lateral or drain ditch of sufficient width to permit the operation of equipment, travel of ditchriders and all other necessary activities incident to the proper operation and maintenance of the project system. No wire, timber or other material used in the construction of fences across a project canal, lateral or drain ditch shall be placed less than 12 inches above the maximum high water surface elevation of the canal, material or drain ditch.

All necessary headgates, checks and measuring devices shall be installed and maintained by the project. Any person or corporation desiring to build a structure over, under, in or across a project canal, lateral or drainage ditch shall first obtain from the Commissioner a permit to build such structure.

§ 192.14 Service ditches.

The farm unit or service ditch into which water is delivered from the project canals or laterals shall have ample capacity and be maintained by the water user in proper condition to receive water and convey it to the place of use with a minimum of loss. Any service ditch that has been or may be constructed upon any project canal, lateral or drain right-of-way shall be considered an ob

Separate entries shall be made in the water users' ledgers for each tract. Bills shall be issued to the record owner, and payments made thereon shall be credited to the proper ledger accounts.

§ 192.17 Crop and statistical report.

A crop report on forms furnished for that purpose shall be taken each year by the Commissioner. This report shall show the number of acres devoted to each crop, total yield and value of crops for each unit of the project and for the entire project.

§ 192.18 Definitions.

As used in §§ 192.1 through 192.17, "Commissioner" shall mean the Commissioner of Indian Affairs or his authorized representative.

§ 192.19 Complaints.

All complaints shall be made to the Superintendent in writing. In case of dispute regarding application of rules and regulations and decisions of the Superintendent made pursuant thereto, appeal may be made within 30 days to the Area Director who shall settle the dispute if possible or refer it with his recommendations to the Commissioner of Indian Affairs.

The irrigation season for the Crow irrigation project covers the period from May 1 to September 30. In the event of unusual conditions in the spring, owing to construction or maintenance work on canals or laterals or when the designated opening date appears detrimental to crop production, the proper officers of the United States are authorized to advance or delay, for a period of 15 days, the beginning of the season's operation, and a corresponding change may be made for the date of closing the season, if it is to the best interests of the project or the farmers so to do. In no event, however, shall the canals be operated during any one season for a period in excess of 6 months.

§ 193.3 Domestic and stock use.

Irrigation projects are primarily built and maintained for serving land with