Chapter 93. For the relief of the Uncompahgre reclamation project, Colorado
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CHAP. 93.— An Act For the relief of the Uncompahgre reclamation project, Colorado. January 31, 1931.[[H. R. 14916](/us/bill/71/hr/14916).][[Private, No. 300](/us/pvtl/71/300).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Uncompahgre reclamation project, Colo.Amendatory contract with Uncompahgre Valley Water Users’ Association if operation of, undertaken by.Vol. 44, p. 646, amended. That if the Uncompahgre Valley Water Users’ Association shall, under the contract of April 8, 1927, between the United States and the association, on or before January 1, 1932, take over the operation, maintenance, and control of the entire Uncompahgre reclamation project, Colorado, the Secretary of the Interior is hereby authorized to enter into an amendatory contract with the said association which shall provide as follows:
First. Construction, operation, etc., charges due.Unpaid, on December 31, 1930, carried forward as supplemental charge.All construction and operation and maintenance charges (exclusive of any operation and maintenance charges required to be paid by the association for the operation and maintenance of the project for the calendar year 1930) that were or shall be due and unpaid under said contract of 1927 on December 31, 1930, including the then unpaid deferred charges under articles 17
(b)and
(d)of said contract (without interest and penalties on such deferred accounts) and the construction charge that becomes due on December 1, 1931, under said contract, may be included in and made pay- 1975 able as part of the project supplemental construction charge hereinafterLiquidation. mentioned. Interest and penalties heretofore paid on deferred charges under articles 17
(b)and
(d)shall be remitted and credited against the association’s obligation for supplemental construction. Second. During each of the years 1932 to 1937, both inclusive,Construction of drainage system.Sum to be expended. the association shall have the right to expend for the construction of a drainage system such portion of the construction charge payable to the United States under said contract of 1927, as said association may consider necessary and as may be provided, for by plans prepared by the association and approved by or on behalf of theExpenditure secured from designated assessments. Secretary of the Interior, the moneys so expended to be secured from construction charge assessments to be made to meet the regular construction charge installments that become due and payable under the said contract of 1927 on December 1 of the years 1931 to 1936, inclusive. The amounts so expended by the association for drainageCredits. each calendar year from December 1 to November 30, for six years, beginning with December 1, 1931, shall be credited to the annual construction charge that becomes due annually on December 1 of each year during the period of 1932 to 1937, both inclusive, the payment of the construction, charges for which it is so substituted being in each case postponed to be paid later as a part of the supplemental construction charges authorized in item 3 hereof. Should theUnused sum covered in. amounts so expended and credited annually be less than the annual construction charge for the years 1932 to 1937, both inclusive, the balance of each year’s charge shall be payable to the United States in accordance with the contract of 1927. Third. The amounts so expended and credited, the amounts postponedSupplemental construction charge.Sums constituting. under the provisions of item 1 hereof, and any amounts of primary construction charges applicable to productive lands that shall not have become due and payable by the association under the contract of 1927, on or before December 1, 1961, shall be considered and defined as the project supplemental construction charge and shall be made payable by the association in annual installments ofPayable to association in annual installments. $85,000, the first installment of such supplemental construction charges to be payable on December 1, 1962, and a like installment on December 1 of each subsequent year until the total of the supplemental construction charge indebtedness is reduced to $85,000 or less, which remaining amount shall then be made payable as the last installment on December 1 of the calendar year next following the year in which the indebtedness is so reduced; and Fourth. No stock assessment levied by the association to raiseCharges due Federal Government.Limitation on stock assessments to meet payments. payments due the Government on construction need be increased more than 15 per centum of the normal yearly per irrigable acre construction installment as provided in section 17 of the contract of April 8, 1927, to meet deficits or estimated deficits due to the failureDeficits. of some of the association’s stockholders to pay their assessments when due, any resulting delinquencies as established after foreclosure of maximum assessement liens in meeting installments of charges due the United States from the association to be paid as a part of the supplemental construction charge authorized in item
(3)hereof. Sec. 2. It shall be provided as a condition subsequent that saidSubsequent conditions terminating contract.Unless Colorado General Assembly incorporates water users’ association for 75 years. contract shall terminate and be annulled unless
(1)the General Assembly of the State of Colorado at its twenty-eighth session enacts legislation, which becomes effective
(a)authorizing a water users’ association to be incorporated for a term of at least seventyfive years, and
(b)amending chapter 76 of Colorado Session Laws,State amendment confirming contract. 1929, so as to permit the decree in proceedings to confirm a contract between such association and the United States to constitute as1976against parties defendant, including owners, lienors, and mortgageesOf water rights with individual. of land in the district, an amendment of existing water-right contracts with individual landowners in the district, so far as the contract confirmed is inconsistent with such individual contracts; (2)Association’s incorporation extends for 75 years or more. the Uncompahgre Valley Water Users’ Association thereupon extends its term of incorporation for at least seventy-five years fromPrompt receipt of State confirmatory decree. the date of such amendment of its articles; and
(3)the association secures promptly a confirmatory decree, confirming such proposed contract with the United States under said amendment of chapter 76 of the Session Laws of Colorado, 1929. Approved, January 31, 1931.