Chapter 190. To provide for the application of the reclamation law to irrigation districts
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CHAP. 190.— An Act To provide for the application of the reclamation law to irrigation districts. May 15, 1922.[[H. R. 4382](/us/bill/67/hr/4382).][[Public, No. 219](/us/pl/67/219).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That in carrying out the Reclamation Act.Contracts with organized Irrigation districts for payments under, authorized.Vol. 32, p. 388.purposes of the Act of June 17, 1902 (Thirty-second Statutes, page 388), and Acts amendatory thereof and supplementary thereto, and known as and called the reclamation law, the Secretary of the Interior may enter into contract with any legally organized irrigation district Dates for payments may conform to State tax, etc., laws.whereby such irrigation district shall agree to pay the moneys required to be paid to the United States, and in such event water-right applications on the part of landowners and entrymen, in the discretion of the Secretary of the Interior, may be dispensed with.
In the event of such contract being made with an irrigation district, the Secretary of the Interior, in nis discretion, may contract that the payments, both for the construction of irrigation works and for operation and maintenance, on the part of the district shall be made upon such dates as will best conform to the district and taxation laws of the respective States under which such irrigation districts shall be formed, and if he deem it advisable he may contract for such Delinquency penalties, etc.penalties or interest charges in case of delinquency in payments as he may deem proper and consistent with such State laws, notwith542standing the provisions of sections 1, 2, 3, 5, and 6 of the Reclamation Vol. 38, p. 686.Partial payments.Extension Act approved August 13, 1914 (Thirty-eighth Statutes, page 686).
The Secretary of the Interior may accept a partial payment of the amount due from any district to the United States, providing such acceptance shall not constitute a waiver of the valance remaining due nor the interest or penalties, if any, accruing *Proviso*.Confirmation of contracts by court required.upon said balance: *Provided*, That no contract with an irrigation district under this Act shall be binding on the United States until the proceedings on the part of the district for the authorization of the execution of the contract with the United States shall have been confirmed by decree of a court of competent jurisdiction, or pending appellate action if ground for appeal be laid.
Sec. 2.Patents and water right certificates for lands within such district not subject to liens to United States for charges.Vol. 37, p. 265. That patents and water-right certificates which shall hereafter be issued under the terms of the Act entitled “An Act providing for patents on reclamation entries, and for other purposes,” approved August 9, 1912 (Thirty-seventh Statutes at Large, page 265), for lands lying within any irrigation district with which the United States shall have contracted, by which the irrigation district agrees to make the payment of all charges for the building of irrigation works and for operation and maintenance, shall not reserve to Existing liens released.the United States a lien for the payment of such charges; and where such a lien shall have been reserved in any patent or water-right certificate issued under the said Act of Congress, the Secretary of Release of liens by water users associations in such districts, on water right applications.the Interior is hereby empowered to release such lien in such manner and form as may be deemed effective; and the Secretary of the Interior is further empowered to release liens in favor of the United States contained in water-right applications and to assent to the release of hens to secure reimbursement of moneys due to the United States pursuant to water-right applications running in favor of the water users’ association and contained in stock subscription contracts Condition.to such associations, when the lands covered by such liens shall be subject to assessment and levy for the collection of all moneys due and to become due to the United States by irrigation districts formed pursuant to State law and with which the United States shall have entered into contract therefor: *Provided*, That no such lien so reserved *Provisos*.Consent of owner to assessment, etc., by the district, required.to the United States in any patent or water-right certificate shall be released until the owner of the land covered by the lien shall consent in writing to the assessment, levy, and collection by such irrigation district, of taxes against said land for the payment to the Report to tie filed as to contracting power, etc., of the district.United States of the contract obligation: *Provided further*, That before any lien is released under this Act the Secretary of the Interior shall file a written report finding that the contracting irrigation district is legally organized under the laws of the State in which its lands are located, with full power to enter into the contract and to collect by assessment and levy against the lands of the district the amount of the contract obligation.
Sec. 3.Public lands within such district subject to State laws, etc. That upon the execution of any contract between the United States and any irrigation district pursuant to this Act the public lands included within such irrigation district, when subject to entry, and entered lands within such irrigation district, for which no final certificates shall have been issued and which may be designated by the Secretary of the Interior in said contract, shall be subject Vol. 39, p. 506.to all the provisions of the Act entitled “An Act to promote *Proviso*.Filing of maps, etc., not required.Vol. 39, p. 507.the reclamation of arid lands,” approved August 11, 1916: *Provided*, That no map or plan as required by section 3 of the said Act need be filed by the irrigation district for approval by the Secretary of the Interior.
Mortgages on reclamation project farm lands accepted as first mortgages under Farm Loan Act.Vol. 39, p. 370.That the term “first mortgage,” as used in section 12 of the Federal Farm Loan Act, approved July 17, 1916, shall be construed to include mortgages on farm lands under United States reclamation projects, notwithstanding there may be against such lands a reserved or created 543lien in favor of the United States for construction or other charges as provided in the Act of June 17, 1902, and Acts amendatory thereof and supplementary thereto, known as the reclamation law: *Provisos*.If otherwise eligible.Amount and maturityof lien. *Provided*, That such lands are otherwise eligible for loans under the Federal Farm Loan Act:
And provided further, That the amount and date of maturity of such lien shall be given due consideration in fixing the value of such lands for loan purposes. Approved, May 15, 1922.