OCR Text |
Show 230 In this connection, a question recently arose as to whether Section 46 prohibits the furnishing of a commingled supply of project and nonproject water to excess land covered by a recordable contract where a river in which the district has its water rights affords the most convenient means of trans- porting supplemental project water to the district. It was administratively determined that, if a quantity of commingled water at least equal to the amount of project water put into the river were used solely on nonexcess land, the acreage limita- tion would not be violated by application of the remainder of the commingled water on excess land.483 It should also be noted that Section 46 does not prohibit the district from furnishing project water to as much as 160 acres of land owned by each landowner, even if he owns addi- tional irrigable land and refuses to sell it. It thus differs from the 1914 requirement, already discussed, which prohibited even the letting of a construction contract until landowners executed agreements to dispose of their excess lands, and if such a landowner refused, his land could not be included within the project.464 Section 46 also seeks to combat speculation. It provides that, until one-half of the construction charges against lands have been paid, no sale of such land shall carry the right to receive water unless the land be sold at a price approved by the Secretary.465 In practice, approval will not be given if lands before they could subscribe for stock in a water-users' association and thus acquire a water right. See supra, p. 220. It is also somewhat akin to the provision in the 1914 statute, referred to above, that the Secre- tary shall require the owners of lands "to agree to dispose of all lands in excess of the area which he shall deem sufficient for the support of a family upon the land in question, upon such terms and at not to exceed such price" as he may designate. § 12, 38 Stat. 686, 689, 43 U. S. C. 418. 4811 Department of the Interior Solicitor's Opinion No. M-36011, September 23,1949. 484 Act of August 13,1914, § 12, 38 Stat. 686, 689, 43 U. S. 0. 418. As a matter of administration, however, water is denied on some projects under the 1926 Act, as to excess or nonexcess land, unless a recordable contract for the sale of the excess land is signed. Landownershdp Survey on Federal Reclamation Projects, Department of the Interior, p. 47 (1946). 465 Department of the Interior Solicitor's Opinion No. M-21709, March 3, 1927. Landownebship Suevey on Federal Reclamation Projects, Depart- ment of the Interior, pp. 47-48 (1946). |