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Show 605 In the case of projects under the Water Conservation and Utilization Act, the irrigation water-users' cost obligation is even more directly tied to ability to pay.596 Moreover, a 1943 amendment of that statute provided that expenditures might be excluded from returnable project costs to the extent necessary "for the successful prosecution of the project."B97 Water-users' repayment ability finds further express recogni- tion where irrigation works are constructed at Army dam and reservoir projects pursuant to Section 8 of the 1944 Flood Control Act.598 For in such a case, the project feasibility re- port may, "within the limits of the water users' repayment ability," be predicated on the allocation to irrigation of an appropriate portion of the cost of structures and facilities used for irrigation and other purposes.699 Pertinent here is the fact that 1937 flood-control legislation permits the modification of project plans for any reservoir to provide for "conservation storage," if the cost of the increased capacity is contributed by local agencies and they agree to utilize such capacity in a man- ner consistent with federal uses and purposes.600 Water-users' repayment obligation is left entirely to admin- istrative discretion in the case of debris storage reservoirs of the California Debris Commission.601 The Secretary of the Army has authority here to make contracts to supply storage for water and use of outlet facilities from such reservoirs for "irrigation purposes," among others, "upon such conditions of delivery, use, and payment as he may approve."602 896 See supra, n. 532, p. 598. 898 Act of December 22,1944, § 8, 58 Stat. 887, 891, 43 U. S. O. 390. 899 See supra, p. 593. As previously noted, substantially this same language appears in the authorization for addition of irrigation works at the Hungry Horse Dam. See supra, n. 534, p. 593. 400 Act of June 22,1936, § 5, 49 Stat. 1570,1572, as added by Act of July 19, 1937, § 1, 50 Stat. 515, 518, 33 U. S. C. 701h. Section 8 of the 1944 Flood Control Act, discussed above, is made expressly inapplicable to any existing Army dam or reservoir which provides "conservation storage" of water for irrigation purposes. § 8, 58 Stat. 891, 43 U. S. C. 390. 601 Act of June 25,1938, 52 Stat 1040, see 33 U. S. C. 683. |