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(2) (a) $21,373 on account of operation and maintenance deficit. prior to reclamation extension act of 1914 (Garland division).

(b) $16,663 on account of operation and maintenance deficit prior to reclamation extension act of 1914 (Frannie division). (44 Stat. 644.)

Sec. 32. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands: (a) Three thousand seven hundred and nine acres, Garland division, temporarily unproductive for lack of fertility in the soil; (b) Three thousand three hundred and fifty-three acres, Frannie division, temporarily unproductive for lack of fertility in the soil. All as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments and as shown in the table on page 47 of said Document 201, checked and modified as outlined in General recommendations" numbered 2 and 4, page 60, of said document.

(c) Five hundred and twenty-four acres on account of having been abandoned. (44 Stat. 644.)

SUN RIVER PROJECT, MONTANA

Sec. 33. [Deductions from total cost.]-There shall be deducted from the total cost of said project the following sums:

(1) $79,649, or such amount as represents the actual construction charges as found by the Secretary of the Interior against the following lands:

(a) Nine hundred and sixty-two acres, Fort Shaw division, permanently unproductive for lack of fertility in the soil, nonirrigable and nonarable;

(b) One hundred and five acres, Fort Shaw division, permanently unproductive because inaccessible by erosion and floods;

(c) One thousand two hundred and thirty-three acres, Fort Shaw division, permanently unproductive because flooded and eroded.

(2) $11,734 because of error or mistake on account of adjustment losses.

(3) $34,148, Operation and Maintenance deficit prior to the reclamation extension act of 1914. (44 Stat. 644.)

Sec. 34. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands: (a) Two thousand five hundred and eighteen acres, Fort Shaw division, temporarily unproductive, subscribed; water-logged:

(b) One thousand two hundred and ninety-two acres, Fort Shaw division, temporarily unproductive, unentered, and unsubscribed.

All as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments and as shown in the table on page 49 of said Document 201, checked and modified as outlined in "General recommendations" numbered 2 and 4, page 60, of said document. (44 Stat. 645.)

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UMATILLA PROJECT, OREGON

Sec. 35. [Deductions from total cost.]-There shall be deducted from the total cost of said project the following sums:

EAST DIVISION

(1) $490,390, or such an amount as represents the actual construction charges as found by the Secretary of the Interior against the following lands:

(a) Two thousand five hundred and seventy-five acres permanently unproductive for lack of fertility in the soil, not susceptible of improvement;

(b) Two thousand two hundred and fifty-five acres permanently unproductive because of porous soil, gravelly subsoil.

(2) $388,448 on account of error or mistake-excluded from district repayments on account of faulty construction.

(3) $16,711 on account of error or mistake; loss on Hermiston district lands.

(4) $91,083 on account of operation and maintenance deficit prior to reclamation extension act of 1914.

WEST DIVISION

(1) $5,703, or such an amount as represents the actual construction charges as found by the Secretary of the Interior against the following lands:

(a) Fifty-nine acres permanently unproductive for lack of fertility in the soil, not susceptible of improvement.

(2) $252 on account of error or mistake representing shortage of contracted returns from fifty-four acres under water-right appli

cations.

(3) The water-rights formerly appurtenant to all permanently unproductive lands on the Umatilla project shall be available to the remaining lands without added cost to the water users. (44 Stat. 645.)

Sec. 36. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands:

EAST DIVISION

(a) Six hundred and ten acres temporarily unproductive for lack of fertility in the soil because of water-logging;

(b) Five hundred and thirty acres representing in amount $37,100 and described as probable loss on Hermiston district lands.

WEST DIVISION

(a) Three thousand four hundred and twenty-two acres temporarily unproductive because of inadequate water supply;

(b) Five hundred and ninety-five acres temporarily unproductive because of water-logging.

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All as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments, as shown in the tables on page 52 of said Document 201, as revised and as checked and modified as recommended in "General recommendations" numbered 2 and 4, on page 60 of said document. (44 Stat. 646.)

UNCOMPAHGRE PROJECT, COLORADO

Sec. 37. [Deductions from total cost.]-There shall be deducted from the total cost of the said project the following sums:

(1) $1,318,056, or such an amount as represents the actual construction charges as found by the Secretary of the Interior against the following lands:

(a) Four hundred and thirty-nine acres permanently unproductive for lack of fertility in the soil;

(b) Twenty-four thousand nine hundred and eighteen acres permanently unproductive because of an inadequate water supply.

(2) $47,371 on account of error or mistake representing deductions recommended and covered in contract of May 7, 1918, between the United States and the Uncompahgre Valley Water Users' Association. The total thus to be deducted from the project cost shall be charged off as a permanent loss to the reclamation fund. (44 Stat. 646.)

Sec. 38. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands: (a) Seventeen thousand acres temporarily unproductive because water-logged;

(b) Five thousand six hundred and twenty-nine acres temporarily unproductive because of rolling and uneven topography;

(c) Five thousand acres temporarily unproductive because of alkalinity;

(d) The water rights formerly appurtenant to the permanently unproductive lands shall be available to the remaining land on said project without added cost to the water users, because of the Gunnison Tunnel not yet being completed and there being an inadequate water supply.

All as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments and shown in the table on page 55 of said Document 201, checked and modified as outlined in "General recommendations" numbered 2 and 4, page 60 of said document. (44 Stat. 646.)

YAKIMA PROJECT, WASHINGTON

Sec. 39. [Deductions from total cost.]-There shall be deducted from the total cost of said project the following sum:

$3,068, or such an amount as represents the actual construction charges as found by the Secretary of the Interior against the following lands:

Fifty-nine acres, Sunnyside division, permanently unproductive because of shallow soil overlying rock. (44 Stat. 646.)

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Sec. 40. [Construction charges suspended.]-All payments upon construction charges shall be suspended against the following lands: (a) One thousand eight hundred and forty-nine acres, Sunnyside division, temporarily unproductive, being either water-logged, alkalied, rough, steep, shallow soil overlying hardpan, or difficult to subdue.

(b) Three thousand and thirty-two acres, Tieton division, temporarily unproductive because of shallow, poor soil with rough topography.

All as shown by classification heretofore made under the supervision of the Board of Survey and Adjustments and shown on page 57 of said Document 201, checked and modified as outlined in "General recommendations" numbered 2 and 4,. page 60 of said document. (44 Stat. 647.)

ADMINISTRATIVE PROVISIONS

Sec. 41. [Permanently unproductive land excluded from project-Disposition of water rights.]-All lands found by the classification to be permanently unproductive shall be excluded from the project, and no water shall be delivered to them after the date of such exclusion unless and until they are restored to the project. Except as herein otherwise provided, the water right formerly appurtenant to such permanently unproductive lands shall be disposed of by the United States under the reclamation law: Provided, That the water users on the projects shall have a preference right to the use of the water: And provided further, That any surplus water temporarily available may be furnished upon a rental basis for use on lands excluded from the project under this section, on terms and conditions to be approved by the Secretary of the Interior. (44 Stat. 647.)

Textual note. This section is codified as section 423, title 43, United States Code.

NOTES

Regulations. For regulations and interpretation of this section, see C. L. 1559, August 20, 1926; 51 L. D. 525.

C. L. 1646, July 21, 1927, published in 52 L. D. 193, amends the interpretations given in C. L. 1559 so far as they affect section 44 of this act. See also C. L. 1562, September 18, 1926.

Sec. 42. [Disposition of construction charges already paid on permanently unproductive lands-Cash refunded if all lands excluded.]—The construction charges heretofore paid on permanently unproductive lands excluded from the project shall be applied as a credit on charges due or to become due on any remaining irrigable land covered by the same water-right contract or land taken in exchange as provided in section 44 of this act. If the charges so paid exceed the amount of all water-right charges due and unpaid, plus the construction charges not yet due, the balance shall be paid in cash to the holder of the water-right contract covering the land so excluded or to the irrigation district affected; which in turn shall be charged with the responsibility of making suitable adjustment with the landowners involved. Should all the irrigable lands of a water-right applicant be excluded from the project as permanently unproductive, and no exchange be

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made as provided in section 44 hereof, the total construction charges heretofore paid, less any accrued charges on account of operation and maintenance, shall be refunded in cash, the water-right contract shall be canceled, and all liens on account of water-right charges shall be released. (44 Stat. 647.)

Textual note. This section is codified as section 423a, title 43, United States Code. The words "section 44 of this act" at the end of the first sentence are changed to "section 423e of this title"; and the words "section 44 hereof" in the last sentence are changed to "section 423c of this title."

NOTES

For interpretation of this section see C. L. 1559, August 20, 1926; 51 L. D. 525. See also C. L. 1562, September 18, 1926, and C. L. 1690, January 26, 1928. Compensation to owners of permanently unproductive lands. Where a perpetual vested water right has been granted by the United States, the Government is obligated to furnish water to lands owned by applicants, or if the lands are found to be permanently unproductive and the water right is to be abrogated pursuant to the act of May 25, 1926, the applicants are entitled to adequate compensation therefor in an amount equivalent to a paid-up water right, even though no money was actually paid to the Government for the water rights. The compensation payable to the applicants may be on the same basis as the refund of construction charges. (Comp. Gen. Dec. A-20551, December 12, 1927, In re P. L. Duncan and John Nelson, Umatilla project.)

At the initiation of a project, a tract of land had a partial water right and the Government adjusted the water right by considering that the value of the water right then held was $35 and by agreeing to furnish a complete water right for $25 per irrigable acre to be paid by the landowner. Upon the enactment of the adjustment act, the tract of land was found to be permanently unproductive. The owner applied, under section 42, for credits on other land on account of the construction charge on this tract. The Comptroller General held that credit may be allowed for refund of the recognized value of the old water right per irrigable acre on the area of unproductive land, as well as for the amounts paid thereon under the contract with the United States, the amount so allowed to be applied upon the remaining irrigable acreage of productive land; i. e., the applicant may be given consideration on the basis of his having paid $35 per irrigable acre construction charge on behalf of his old water right, plus such amount per irrigable acre as he may have paid upon the $25 per irrigable acre charge. (Idem, In re Joseph F. McNaugh.)

Refund of construction charges paid on class 6 lands.-Except where the vested right feature is involved, it is necessary in a refund of construction charges paid on permanently unproductive land under section 42, act of May 25, 1926, to show that the owner of the property or his predecessors in title have actually paid to the Government as construction charges the amount proposed to be refunded. Vouchers for refund of construction charges should be stated in sufficient detail to enable the General Accounting Office to verify the fact that the amount proposed to be refunded has been collected. Such vouchers are not such as should be paid by a disbursing officer; they should be forwarded to the General Accounting Office for settlement as claims. (Comp. Gen. Dec. A-21979, March 17, 1928, In re Herman Seseman, Shoshone project.) Instructions.-C. L. 1690, January 26, 1928, promulgates instructions regarding reports on applications for refunds or credit on account of construction charges paid on permanently unproductive lands.

Sec. 43. [Temporarily unproductive lands-Suspension of payment of construction charges-Water may be furnished-If permanently unproductive to be charged off as loss.]-The payment of all construction charges against said areas temporarily unproductive shall remain suspended until the Secretary of the Interior shall declare them to be possessed of sufficient productive power properly to be placed in a paying class, whereupon payment of construction charges against such areas shall be resumed or shall begin, as the case may be. While said lands are so classified as temporarily unproductive and the con