OCR Text |
Show 212 is not obligated to complete construction.358 But the particular contract may provide that in such a situation the project shall be deemed completed, and the water users would then be entitled to receive the benefits of the project so far as completed, and are obligated to pay the amount of the expenditure.357 If addi- tional expenditures are made, the waters users may receive the benefit of water delivery from the additional works only upon assumption of the additional repayment obligation.358 If the repayment contract conditions payment upon project completion, the repayment obligation comes into being only when the project is completed.359 While this remains true even where expenditures exceed the amount of the assumed repay- ment obligation, water cannot be delivered until assumption of an obligation for the additional cost.360 In projects governed by the 1939 Act, the entire expenditure must be returned, excepting any amounts allocated to naviga- tion and flood control.361 Such return must therefore be accom- plished regardless of the total estimated cost set forth in the feasibility finding, and regardless of the amounts stated in such finding to be properly allocable to reimbursable purposes and probably returnable.362 With respect to a multiple-purpose project, no problem arises if the actual cost does not exceed the cost allocated to irrigation within the water-users' repayment ability plus the amount derivable from other sources including power revenues assigned for return of irrigation cost beyond such water-users' repayment ability.363 It may not reasonably be presumed that war-time cost in- creases were contemplated by Congress when it enacted the 1939 Act.864 Nevertheless, a problem arises as to what must be done when actual expenditures, plus the amount estimated mu. P. 879. mIbid. 858/Bid. 859 Ibid. 860 Ibid. mId. p. 885. 882 Ibid. "*Ibid. ""Id. p. 886. |