Chapter 622. To provide for the storage of the waters of the Pecos River
890 words·~4 min read·
/statutes-at-large/vol-44/chapter-622-20378601·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
CHAP. 622.— An Act To provide for the storage of the waters of the Pecos River.June 18, 1926.[[H. R. 3862](/us/bill/69/hr/3862).][[Public, No. 404](/us/69/pl/404).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*,Red Bluff Federal Irrigation Project, Tex.Reservoir on Pecos River authorized for.Vol. 32, p. 388. That in accordance with the provisions of the Act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and Acts amendatory thereof or supplementary thereto, except as the same are modified herein, the Secretary of the Interior is hereby authorized and empowered to construct the Red Bluff Federal Irrigation Project, consisting of a reservoir upon the Pecos River, sufficient in size for the irrigation of not exceeding forty thousand acres of land in the State of Texas, which reservoir shall be located at a point where it will impound the flood waters of Delaware Creek and Black River, and shall be provided with all necessary incidental works for the operation of the same.
Sec. 2. That no expenditure for construction shall be made underContracts for paying construction costs required before beginning work. this Act until an appropriate contract or contracts in form approved by the Secretary of the Interior, providing for the payment to the United States as provided herein of the costs incurred on account of said project, snail have been properly executed by a district or districts organized under State law and embracing property to be benefited by said project, and such execution shall have been con-firmed by a court of competent jurisdiction: *Provided*, That expenditures*Proviso*.Payment for preliminary investigation. may be made hereunder at any time to cover necessary expenses incurred by the United States on account of preliminary investigations and negotiations in connection with the execution of the contract or contracts provided for by this section.
Sec. 3. That the total cost to the United States of the constructionRepayment in annual installments for 20 years. of said project shall be repaid to the United States in twenty annual installments, without interest, as follows: Five per centum thereof on March 1st of the second year following the year in which water becomes first available from said reservoir for irrigation, and 5 per centum thereof annually thereafter until the whole amount is paid: *Provided*, That if any installment shall not be paid when*Proviso*.Penalty for default in payments. due there shall be added at once to such installment a penalty of 1 per centum thereof and thereafter on the first day of each month a like penalty so long as the default continues.
Sec. 4. That the cost to the United States of operating andOperating costs payable in advance. maintaining said project shall be paid to the United States in advance upon annual estimates made by the Secretary of the Interior, and upon a day to be fixed by him: *Provided*, That the cost of*Proviso*.Added to construction costs when water first available. operating and maintaining the project the year water is first available therefrom for irrigation, shall be merged with and made a part of the construction cost.
If the estimate for any one year shall be either more or less than the actual cost, an appropriate 754adjustment shall be made in the estimate for the next succeeding year. Sec. 5. That no classification by the Secretary of the Interior ofNo classification, etc., by Secretary of the Interior. the irrigable lands of said project shall be required, nor shall he issue any public notice relating to construction charges against said lands: *Provided*, That the Secretary of the Interior shall determine the cost*Proviso*.Determining cost of construction and operating when water available. of said project, including the cost of operating and maintaining it the first season water is available therefrom for irrigation, and shall furnish a statement of such cost to the contracting district or districts.
Sec. 6. That there is hereby authorized to be appropriated fromAmount authorized from reclamation fund. any moneys not otherwise appropriated, in the reclamation fund such an aggregate amount as may be necessary to carry out the purposes of this Act, not exceeding the sum of $2,000,000. Sec. 7. In the event that any irrigation works are constructedRight to use water from Pecos River in New Mexico, above Avalon Dam, not allowed hereby. under the authorization contained in this Act, neither the United States, the State of Texas, nor any of the parties for whose benefit said works are to be constructed shall at any time hereafter have or claim, or attempt in any manner to acquire, any right to the use in the State of Texas of any water which shell flow in the Pecos River, or any of its tributaries, in New Mexico at or above the Avalon Dam, except such of said water as may not at any time be used or diverted from or above said dam: *Provided*, That nothing in this section shall*Proviso*.Right of present users not curtailed. be construed to curtail the quantity of water to which present users in Texas may now be lawfully entitled: *And provided further*, ThatNo construction work until this section agreed to by Texas. no construction under this Act shall begin until the State of Texas, through legislative act, signed and approved by the governor of said State, shall have agreed to the provisions of this section.
Approved, June 18, 1926.