§ 835a, 835b. — Repealed.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC835a]
TITLE 16--CONSERVATION
CHAPTER 12D--COLUMBIA BASIN PROJECT
Secs. 835a, 835b. Repealed. Pub. L. 87-728, Sec. 3, Oct. 1,
1962, 76 Stat. 678
Section 835a, acts May 27, 1937, ch. 269, Sec. 2, 50 Stat. 210; Mar.
10, 1943, ch. 14, 57 Stat. 14; Sept. 26, 1950, ch. 1048, Sec. 1(1), (2),
64 Stat. 1037; Sept. 2, 1957, Pub. L. 85-264, Sec. 1(a)-(c), 71 Stat.
590, related to the use of project appropriations for irrigation
features; appraisals and reappraisals of lands; contracts with
subdivisions of state; irrigation blocks; boundaries as determining
right to water; temporary delivery to excess lands; definition of
owners, community property; necessity of execution of recordable
contract; contractual requirements; filing of instruments.
Section 835b, acts May 27, 1937, ch. 269, Sec. 3, 50 Stat. 210; Mar.
10, 1943, ch. 14, 57 Stat. 18; Sept. 26, 1950, ch. 1048, Sec. 1(3), 64
Stat. 1037, related to consideration for conveyance of lands.
Savings Provision
Section 5(b) of Pub. L. 87-728 provided that: ``The rights of any
vendee or grantee as defined in section 3 of the Columbia Basin Project
Act of 1943 [section 835b of this title] are hereby preserved as to any
transactions that were consummated by contract or deed prior to repeal
of said section 3 by this Act.''
Amendatory Repayment Contract
Sections 1 and 2 of Pub. L. 87-728 provided: ``That the amendatory
repayment contract with the Quincy Columbia Basin Irrigation District
negotiated by the Secretary of the Interior, pursuant to subsection (a)
of section 7 of the Reclamation Project Act of 1939 (53 Stat. 1192; 43
U.S.C. 485f) [section 485f(a) of Title 43, Public Lands], which contract
was approved by the district electors on February 13, 1962, is hereby
approved and the Secretary is hereby authorized to execute it on behalf
of the United States and to negotiate and execute on behalf of the
United States amendatory repayment contracts in substantially the same
form or amendatory repayment contracts containing substantially the same
provisions with the South and East Columbia Basin Irrigation Districts.
``Sec. 2. Upon any amendatory repayment contract with a Columbia
Basin Irrigation District approved or authorized by this Act [enacting
section 835-1 of this title, amending section 835c, 835c-1, 835c-2,
835c-4 of this title, repealing sections 835a, 835b, 835c-3, and 835c-5
of this title, and enacting provisions set out as notes under sections
835a, 835b, and 835c of the title] becoming effective to bind the United
States, that district's share of the operation and maintenance funds
expended or obligated for the construction of drainage works including
appropriate interest thereon during calendar years 1960, 1961, and 1962
shall be capitalized and charged as a part of the construction cost of
the project assigned directly to irrigation and the Secretary shall
either refund to it or give it credit for (as it may elect) all
operation and maintenance payments (including interest paid by it in
connection therewith) which it has made for the construction of drainage
works during those years, such credit, if so elected by the district, to
be applied against future development period and/or construction charges
of the district as they become due.''
Sale of Project Lands to State of Washington
Pub. L. 86-52, June 23, 1959, 73 Stat. 87, provided: ``That
notwithstanding any provisions of sections 2(b)(iii), 2(b)(iv), and 4(b)
of the Columbia Basin Project Act, as amended [former section
835a(b)(iii), (iv) of this title and section 835c(b) of this title] (16
U.S.C., ch. 12D) [this chapter], conformed farm units, or portions of
farm units, comprising not more than six hundred and forty acres of
irrigable land on the Columbia Basin project may be sold by the
Secretary of the Interior and others to the State of Washington for use
by the State College of Washington for agricultural research purposes,
and water may be delivered from, through, or by means of the project
works to or for conformed farm units comprising no more than that
acreage, as nonexcess lands, whether so acquired or already held by the
State, as long as they are used for those purposes. Except as otherwise
provided in this Act, any lands sold to the State under this Act shall
be governed by the provisions of the Columbia Basin Project Act, as
amended [sections 835, 835a to 835c-5 of this title] and regulations of
the Secretary issued pursuant thereto.''
Pub. L. 86-52 was amended to permit delivery of water to State owned
lands, see section 7 of Pub. L. 87-728, set out as a note below.
Delivery of Water to State Owned Land
Section 7 of Pub. L. 87-728 provided that: ``The Act of June 23,
1959 (73 Stat. 87) [set out as a note above] is hereby amended to permit
delivery of water to not to exceed six hundred and forty acres of
irrigable lands whether or not said lands are in conformed farm units,
owned by the State of Washington for use by the Washington State
University for agricultural research purposes.''
Delivery of Water to Farms Platted Prior to October 1, 1962, Exceeding
160 Acres
Section 5(a) of Pub. L. 87-728 provided that: ``Notwithstanding the
provisions of the Federal reclamation laws, water may be delivered to
farm unit platted before the enactment of this Act [Oct. 1, 1962] that
contains a nominal quarter section of land exceeding one hundred and
sixty irrigable acres insofar as those provisions limit the delivery of
water to irrigable lands in excess of one hundred and sixty irrigable
acres.''
