Chapter 141.
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CHAP. 141.— AN ACT To authorize the Government to contract for impounding, storing, and carriage of water, and to cooperate in the construction and use of reservoirs and canals under reclamation projects, and for other purposes. February 21, 1911.[[S. 6958](/us/bill/36/s/6958).][[Public, No. 406](/us/bill/36/pl/406).] 1.1911 *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That whenever in carrying out the provisions of the reclamation lawReclamation projects., storage or carrying capacity has been or may be provided in excess of the requirements of the lands to be irrigatedIrrigation systems under Carey Act may contract for excess waters.under any project, the Secretary of the Interior, Vol. 28, p. 422.pre serving a first right to landsand entrymen under the project, is hereby authorized, upon such terms as he may determine to be just and equitable, to contract for the impounding, storage, and carriage of water to an extent not exceeding such excess capacity with irrigation systems operating under the Act of August eighteenth, eighteen hundred and ninety-four, known as the Carey Act, and individuals, corporations, associations, and irrigation districts organized for or engaged in furnishing or in distributing water for irrigation.
Water so impoundedDistribution to individual users., stored, or carried under any such contract shall be for the purpose of distribution to individual water users by the party with whom the con- tract is made: *Provided, however,* *Proviso.*That water so impounded, stored, or carried Restriction on impounded water.shall not be used otherwise than as prescribed by lawCharges.as to lands held in private ownership within Government reclamation projects. In fixing the charges under any such contract for impounding, storing, or carrying water for any irrigation system, corporation, association, district, or individual, as herein provided, the Secretary shall take into consideration the cost of construction and maintenance of the reservoir by which such water is to be impounded or stored and the canal by which it is to be carried, and such charges shall be just and equitable as to water users under the Government project.
Maximum.No irrigation system, district, association, corporation, or individual so contracting shall make any charge for the storage, carriage, ordelivery of such water in excess of the charge paid to the United States except to such extent as may be reasonably necessary to cover cost of carriage and delivery of such water through their works. Sec.2.That in carrying out the provisions Cooperation with water users for reservoirs, etc.of said reclamation Act and Acts amendatory thereof or supplementary thereto, the Secretary of the Interior is authorized, upon such terms as may be agreed upon, to cooperate with irrigation districts, water users associations, corporations, entrymen or water users for the construction or use of such reservoirs, canals, or ditches as may be advantageously used by the Government and irrigation districts, water users associations, corporations, entrymen or water users for impounding, delivering and carrying water for irrigation purposes: *Provided,* *Provisos.*That the title to and management of the works Title to works, etc.so constructed shall be subject to the provisions of section six of said Act: *Provided further,* Vol. 32, p. 389.That water shall not be furnished from any such reservoir or delivered through any such canal or ditch to any one landownerLimit of water allowed.in excess of an amount sufficient to irrigate one hundred and sixty acres: *Provided,* That nothing contained in this Act Right to control streams not affected.shall be held or construed as enlarging or attempting to enlarge the right of the United States, under existing law, to control the waters of any stream in any State.
Sec.3.That the moneys received in pursuance Moneys to be available for reclamation fund.of such contracts shall be covered into the reclamation fund and be available for use under the terms of the reclamation Act and the Acts amendatory thereof or supplementary thereto. Approved, February 21, 1911.