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Show 564 tion of irrigation works are required to pass to the owners of the lands irrigated thereby, to be maintained at their expense, when payments required by the Act have been made for the major portion of the lands irrigated.877 But title to, and man- agement and operation of, the reservoirs and works necessary for their protection and operation remain in the Government.378 Under a later statute, the Secretary of the Interior has discre- tionary power to transfer the care, operation, and maintenance of projects to a legally organized water-users' association or irri- gation district.379 In still another way, the Secretary of the Interior is author- ized to permit nonfederal participation in Reclamation project operation. For in addition to authority to sell electric power, he is empowered to lease "power privileges" under specified conditions.380 Under the Boulder Canyon Project Act, the Secretary may lease a unit or units of the government-built generating facilities, or lease the use of water for generation of electric energy.881 Relevant Fiscal Provisions.-As already noted, the con- structing agencies are subject to general fiscal control under the appropriation process. Their expenditures for operation and maintenance are also subject to yearly legislative review. But statutes generally provide greater flexibility in the case of funds for operation and maintenance than for construction. For example, Congress has authorized all appropriations necessary for operation and maintenance of flood-control 877 Act of June 17,1902, § 6, 32 Stat. 388,389, 43, U. S. O. 498. ™Id. 379 Act of August 13, 1914, § 5, 38 Stat. 686, 687, 43 U. S. 0. 499. In 1924, it was required that, whenever two-thirds of the irrigable area of any project shall be covered by water-right contracts a water-users' asso- ciation or irrigation district shall be required to take over the project's care, operation, and maintenance as a condition precedent to receiving cer- tain benefits under the section. Act of December 5, 1924, § 4, subsection G, 43 Stat. 672, 702, 43 U. S. C. 500. But provision was made two years later for dispensing with this requirement as to certain projects. Act of May 25,1926, § 45, 44 Stat. 636, 648, 43 U. S. C. 423d. 880 Act of August 4, 1939, § 9(c), 53 Stat 1187, 1194, 43 U. S. C. 485h(c) ; Act of April 16, 1906, § 5, 34 Stat. 116, 117, as amended, 43 U. S. O. 522. 881 Act of December 21, 1928, § 6, 45 Stat. 1057, 1061, 43 U. S. C. 617e. |