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18. Fiscal Agents

While the General Land Office administers the disposal of public lands, the Bureau of Reclamation collects charges imposed upon such lands within reclamation projects, for the construction of irrigation works and the maintenance and operation. Fiscal agents are appointed.24

19. Payment of Construction Charges

Under the Extension Act of 1914 twenty years was allowed for payment, the initial payment being 5 per cent. (as a test of the financial ability of the prospec

5 tive entrymen), followed by a five-year period of credit during which no payment need be made, in order to enable the settler to utilize his capital in cultivations; during the next five years an annual installment of 5 per cent., and the remaining ten years 7 per cent. annually.25 But these terms have been modified by 1924 legislation,20 providing

26 “That hereafter all project construction charges shall be made payable in annual installments based on the productive power of the land as provided in this subsection. The installment of the construction charge per irrigable acre payable each year shall be 5 per centum of the average gross annual acre income for the ten calendar years first preceding, or for all years of record if fewer than ten years are available, of the area in cultivation in the division or subdivision thereof of the project in which the land is located, as found by the Secretary annually. The decision of the Secretary as to the amount of any such installment shall be conclusive. These annual payments shall continue until the total construction charge against each unit is paid. The Secretary is authorized upon request to amend any existing contract for a project water right so that it will provide for payment of the construction charge thereunder in accordance with the provisions of this subsection or for the deferment of such construction charges for a period of three years from the approval of this section, or both.”

20. Operation and Maintenance Charges

Operation and maintenance charges are authorizedam and average about $1 per acre or, when computed on the basis of water used, about 50 to 75 cents per acre foot.

21. Operation

The Bureau of Reclamation has accomplished a certain systematization of management in the projects.?

28

24 Act Aug. 9, 1912, § 4 (37 Stat. 265 (Comp. St. § 4731]). Instructions for Accounting and Fiscal Affairs, 1909. Washington Government Printing Office, 2 Vol. Manner of Field Accounting, Wash. 1907.

25 Reclamation Extension Act Aug. 13, 1914 (38 Stat. 686).

26 Section 4, subsec. F, Deficiency Appropriation Act, for supplemental appropriations, year ending June 30, 1925.

27 Act Aug. 13, 1914, § 5 (38 Stat. 687 [Comp. St. § 4713e)); Act Dec. 5, 1924, 8 4 (Comp. St. 1925, § 4750g14).

28 Manual of the United States Reclamation Service, 1907. Washington Government Printing Office, pp. 324-366; Operation and Maintenance Use Board.

22. Transfer to Water Users' Association

By the Reclamation Extension Act25 the Secretary of the Interior was authorized to transfer the operation of the works and the reservoirs to a legally organized water users' association or irrigation district. The application must be based upon a certified copy of a resolution of the governing board of the organization presenting the same, requesting the transfer, and accompanied by a statement showing that the state and charter powers of the organization authorize the acceptance of the duties contemplated by such proposed transfers, citing statutory provisions, regulations and charter powers in relation thereto. "In any case the application may be approved and contract authorized conditional upon further satisfactory showing being made that the taking over of the operation and maintenance by the organization has been submitted to all the water users affected and approved by a majority vote of all voting, provided at least three-fifths of all water users affected vote; otherwise, by a majority of all water users affected.

"Except where the organization is an irrigation district, a good and sufficient bond shall be given to the United States for the faithful performance of all duties required by law under the contract. Such bond shall be subject to approval by the Secretary of the Interior. 29

The act of 1924 provides, in this connection: "That whenever two-thirds of the irrigable area of any project, or division of a project, shall be covered by water-right contracts between the water users and the United States, said project shall be required, as a condition precedent to receiving the benefits of this section to take over, through a legally organized water users' association or irrigation district, the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as the Secretary may prescribe, and thereafter the United States, in its relation to said project, shall deal with a water users' association or irrigation district, and when the water users assume control of a project, the operation and maintenance charges for the year then current shall be covered into the construction account to be repaid as part of the construction repayments.” 30

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23. Organization and Duties

(A) The Secretary of the Interior is an integral part of the Bureau of Reclamation, since certain functions are specifically vested in him by the Reclamation Act, as amended, as will appear in the following:

(1) In the withdrawal of lands it is his duty:

(la) To withdraw from entry public lands required for irrigation works, and to restore to public entry any of the lands so withdrawn when such lands are no longer required for such works.31

(1b) To withdraw from entry, except under the homestead laws, any public lands believed to be susceptible of irrigation from said works.31

29 Service Monograph No. 2, supra, p. 68.

30 Section 4, subsection G, Deficiency Appropriation Act, for supplemental appropriations, year ending June 30, 1925. 31 Act June 17, 1902, & 3 (32 Stat. 388 (Comp. St. § 4702]).

(1c) To withdraw from public entry any lands needed for town-site purposes in connection with irrigation projects, not exceeding 160 acres in each case.32

(10) To withdraw from other disposition and reserve for country parks, public playgrounds, and community centers such tracts as he may deem advisable, not exceeding 20 acres in any one township in each reclamation project. 33

(2) To acquire rights necessary for construction:
(2a) By purchase or by condemnation under judicial process. 34

(2b) To make any arrangement or agreement in reference to the irrigation of irrigable lands included in allotments made to Indians.25

(3) To prescribe conditions of settlement on projects: (3a) To determine the limit of area per entry.36

(3b) To require the reclamation and cultivation of one-fourth of the irrigable area within three full irrigation seasons, and of one-half of the irrigable area within five full irrigation seasons.37

(3c) To fix the construction charges to be imposed upon the lands reclaimed, 38 as described in section 19, supra.

(3d) To fix the date when operation and maintenance charges shall become payable.39

(3e) To designate the terms and the maximum price at which the owners of private lands within a project shall dispose of lands in excess of the area which he shall deem sufficient for the support of a family upon the lands in question.40

(38) To subdivide into town lots any land withdrawn for townsite purposes, and to direct the appraisal and sale of such lots.41

(4) To regulate the use of water.

(4a) To furnish water upon projects prior to giving public notice of the construction charge 42

(4b) To make general rules and regulations governing the use of water. 48

(4c) To contract for the delivery of water supply with the proper authorities of towns established on town sites reserved on reclamation projects, or of other towns or cities in the immediate vicinity of irrigation projects, which shall have a water right from the same source as that of the project.

(40) To contract for the impounding, storage and carriage of excess water with irrigation systems operating under the Carey Act, and with individuals,

44

32 Act April 16, 1906, § 1 (34 Stat. 116 [Comp. St. § 4715]).
33 Act Oct. 5, 1914, § 1 (38 Stat. 727 [Comp. St. § 4719a)).
34 Act June 17, 1902, 8 7 (32 Stat. 389 (Comp. St. § 4706]).
35 Act April 30, 1908 (35 Stat. 85).
36 Act June 17, 1902, § 4 (32 Stat. 388 [Comp. St. § 4703]).
37 Act Aug. 13, 1914, § 8 (38 Stat. 686 [Comp. St. § 4713h]).

38 Act June 17, 1902, § 4 (32 Stat. 388 [Comp. St. § 4703]), and section 4, subsec. F, Deficiency Appropriation Act for year ending June 30, 1925.

39 Act Aug. 13, 1914, 8 6 (38 Stat. 686 [Comp. St. $ 4713f]).
40 Act Aug. 13, 1914, § 12 (38 Stat. 686 [Comp. St. § 4714b]).
41 Act April 16, 1906, 88 1 and 2 (34 Stat. 116).
42 Act Aug. 13, 1914, § 11 (38 Stat. 686 [Comp. St. § 4714a]).
43 Act Aug. 13, 1914, & 8 (38 Stat. 686 [Comp. St. § 4713h]).
44 Act April 16, 1906, § 4 (34 Stat. 116 [Comp. St. & 4718]).

corporations, associations, and irrigation districts organized for or engaged in furnishing or distributing water for irrigation.45

(5) To appoint fiscal agențs.
(5a) To designate bonded fiscal agents.46
(5b) To appoint a water users' association as fiscal agent.47

(5c) To transfer to a legally organized water users' association or irrigation district, at its request, the care, operation, and maintenance of all or any part of the project works, subject to such rules and regulations as he may prescribe.48

(5d) To prescribe rules and regulations for the care, operation, and maintenance of project works taken over, through a water users' association or irrigation district, for the enjoyment of benefits under the act of 1924, as mentioned in section 22, supra.

(5e) To enter into contracts with an organization formed by the owners of the lands within a project or project unit, providing that the organization will maintain and use lands reserved for country parks, public playgrounds, and community centers for the purposes prescribed.

(5f) To lease for a period not exceeding ten years, giving preference to municipal purposes, any surplus power or privilege which will not impair the efficiency of the irrigation project.49

(5g) To perform any and all acts and make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of the Reclamation Act into full force and effect. 50

(6) To appoint all chief officers and employees of the Reclamation Service. (B) The Reclamation Bureau.

(a) Commissioner.- The Commissioner is the executive officer of the Bureau of Reclamation.

(b) The Assistant to the Commissioner has charge of the legal work of the bureau, and general supervision over the district counsel, who are located in the field and perform legal duties in connection with the various projects.

(c) The Chief Clerk has supervision of sections having to do with the general business activities of the service.

(d) Accounting Division. The Director of Finance co-ordinates all accounting work of the Service, including that of the field offices.

(e) Engineering Division.—Engineering activities of the Washington office are divided between two sections: The Technical Section, which reviews and standardizes plans and specifications, prepares engineering articles for publication, and tabulates engineering statistical data; and the Drafting Section, which is responsible for the production of maps, drawings, plates, survey records, etc., arising from the work of the Service.

30 Section 4, subsection G, Deficiency Appropriation Act, for supplemental appropriations, year ending June 30, 1925.

43 Act Feb. 21, 1911, $ 1 (36 Stat. 925 (Comp. St. $ 4738]). 46 Act Aug. 9, 1912, § 4 (37 Stat. 265 (Comp. St. § 4731]). 47 Act Aug. 13, 1914, § 7 (38 Stat. 686 [Comp. St. § 4713g]). 48 Act Aug. 13, 1914, $ 5 (38 Stat. 686 (Comp. St. $ 4713e]). 49 Act April 16, 1909, $ 5 (34 Stat. 116 [Comp. St. $ 4719]). 50 Act June 17, 1902, § 10 (32 Stat. 388 [Comp. St. § 4708]).

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(f) Division of Settlement and Economic Operations.—The Chief of this division has charge of the work incidental to the publication of the New Reclamation Era, supervisory charge of all editorial work and of the photographic files, and is the bureau's representative in Washington of the Division of Reclamation Economics (which has its headquarters at Denver, Colo.), supervising all work incidental to furnishing information to prospective settlers and others.

(g) Examiner of Accounts.-An Examiner advises the several project offices as to how to keep and audit their accounts.

(h) Chief Engineer.—Under the supervision of the Commissioner, the Chief Engineer, with office at a point designated by the Secretary of the Interior (now Denver), has charge of all matters relating to engineering investigation, construction, operation, and maintenance of the projects, and of all employees of the Denver offices, with the exception of the Director of Reclamation Economics and his force, and of the legal staff maintained at that point. The Chief Engineer shall report to the Commissioner.

(i) Director of Reclamation Economics.—Under the supervision of the Commissioner of the Bureau of Reclamation, the Director of Reclamation Economics, with headquarters at a point designated by law or by the Secretary of the Interior (now Denver), shall have charge of the investigation of economic problems connected with the development of existing or proposed reclamation projects, including the classification and settlement of land and the improvement of the industrial, agricultural, and social conditions of settlers. He shall also have charge of the activities of the bureau looking to co-operation with agencies designed to promote improvements in agriculture and in co-operative organization of communities. The Director of Reclamation Economics shall report to the Commissioner.

(j) Superintendents.—Under the supervision of the Commissioner and the Chief Engineer, Superintendents, with offices designated by the Commissioner, shall have charge of all employees, with the exception of the District Counsel and their force, and of all work connected with the construction and operation of their respective projects, including the execution of all contracts which under present regulations are executed on the projects. Superintendents shall report to the Chief Engineer. (k) The Project Administrative Organization consists of:

(kl) Superintendent.
(k2) Chief Clerk.
(k3) Fiscal Agent.

(k4) District Counsel. They are located as follows: THOBPE DEPT.PRAC.-23

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