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[Attachment A]

EXEMPTIONS, MODIFICATIONS, WAIVERS, AND SPECIAL PROVISIONS APPLICABLE TO LAND LIMITATION PROVISIONS OF FEDERAL RECLAMATION LAWS

1. Boulder Canyon project

All-American Canal

Imperial Irrigation District, California

Letter dated February 24, 1933, from the Secretary of the Interior, Ray Lyman Wilbur, to Imperial Irrigation District, El Centro, Calif., advising that "this limitation (i.e., 160-acre limitation) does not apply to lands (in the district) now cultivated and having a present water right." (Pertinent correspondence attached.)

2. Colorado-Big Thompson project, Colorado

(a) S. 4027, 75th Congress, 3d session.

(b) Department of the Interior, Report, dated June 6, 1938. (c) Enacted and approved as Public Law 665, 75th Congress, 3d session, on June 16, 1938 (52 Stat. 764).

Provides that excess land provisions not applicable to lands having an irrigation water supply from sources other than a Federal reclamation project will receive a supplemental supply from the ColoradoBig Thompson project.

3. Water conservation and utilization projects

(a) H.R. 10122, 76th Congress, 3d session.

(b) House hearings on H.R. 10122, August 29, 1930; and September 3, 5, and 13, 1940.

(c) House Report 2944, 76th Congress, 3d session, dated September 13, 1940, containing Department of the Interior Report on H.R. 10122.

(d) Enacted and approved as Public Law 848, 76th Congress, 3d session, October 14, 1940 (54 Stat. 1119).

Section 4(c) (5) grants authority to the Secretary of the Interior to "establish the size of farm units of irrigable lands on each project in accordance with his findings of the area sufficient in size for the support of a family on the lands to be irrigated." It further provides that "No water may be delivered to or for more than the farm unit area of irrigable lands in the project owned by a single landowner."

(Under this authorization farm units have been established on the Eden project, Wyoming, containing 200 irrigable acres more or less depending on land classes.)

4. Truckee River storage project, Nevada-California and

5. Humboldt project, Nevada

(a) H.R. 10543, 76th Congress, 3d session.

(b) Department of the Interior report, dated October 7, 1940. (c) Enacted and approved as Public Law 883, 76th Congress, 3d session, November 29, 1940 (54 Stat. 1219).

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Provides excess land provisions not applicable to lands in Washoe County Water Conservation District, Nevada, irrigated from Boca Reservoir, nor to lands in Pershing County Water Conservation District, Nevada, irrigated from Humboldt River Reservoir.

6. San Luis Valley project, Colorado

(a) S. 2610, 82d Congress, 2d session.

(b) Senate Report 1594, 82d Congress, 2d session, dated May 12, 1952, containing Department of the Interior report. (c) House Report 2145, 82d Congress, 2d session, dated June 11, 1952.

(d) Enacted and approved as Public Law 415, 82d Congress, 2d session, June 27, 1952 (66 Stat. 282).

Provides excess land provisions not applicable to lands or to ownership of lands receiving supplemental or regulated supply of water from San Luis Valley project, Colorado, provided that in lieu of acreage limitations no landowner shall receive a supply greater in quantity than that reasonably necessary to irrigate 480 acres of land.

7. Owl Creek unit, Missouri River Basin project, Wyoming (a) H.R. 4721, 83d Congress, 1st session.

(b) House Report 1248, 83d Congress, 2d session, dated February 25, 1954, containing Department of the Interior report.

(c) Senate Report 1790, 83d Congress, 2d session, dated July 12, 1954.

(d) Enacted and approved as Public Law 683, 83d Congress, 2d session, August 28, 1954 (68 Stat. 890).

Provides that excess land provisions not applicable to lands in Owl Creek unit, Missouri River Basin project.

8. Santa Maria project, California

(a) H.R. 2235, 83d Congress, 1st session.

(b) House hearings, 83d Congress, 1st session, on H.R. 2235, April 29, 30 and May 19, 1953.

(c) House Report 1098, 83d Congress, 2d session, dated January 7, 1954, containing Department of the Interior report on H.R. 2235.

(c) House Report 1098, 83d Congress, 2d session, dated January 7, 1954, containing Department of the Interior report on H.R. 2235.

(d) Senate Report 1789 as H.R. 2235, 83d Congress, 2d session, dated July 10, 1954.

(e) Enacted and approved as Public Law 774, 83d Congress, 2d session, on September 3, 1954 (68 Stat. 1190).

Provides that section 46 of act of May 25, 1926 (44 Stat. 649), nor any other similar provision applicable to Santa Maria project lands so long as water utilized on said lands is acquired by pumping from underground reservoir.

9. Excess lands acquired by foreclosure, etc.

(a) H.R. 6643, 84th Congress, 1st session.

(b) House Report 1748, 84th Congress, 2d session, dated February 7, 1956, containing Department of the Interior Report on H.R. 6643.

(c) Senate Report 2378 on H.R. 6643, 84th Congress, 2d session, dated June 28, 1956.

(d) Enacted and approved as Public Law 690, 84th Congress,

2d session, on July 11, 1956,

Amended previous provisions of reclamation law whereunder property acquired by foreclosure or other process of law, inheritance, devise, etc,. could be held for only 2 years, by extending permissible period during which such property can be held to 5 years.

10. Washoe project, Nevada-California

(a) S. 497, 84th Congress, 1st session.

(b) Senate Report 1829, 84th Congress, 2d session, dated April 24, 1956, containing Department of the Interior Report on S. 497.

(c) House Report 2834, 84th Congress, 2d session, on S. 497, dated July 20, 1956.

(d) Enacted and approved as Public Law 858, 84th Congress, 2d session, on August 1, 1956 (70 Stat. 775).

Section 2(b) provides that contracts for supplemental water supply (under Wahsoe project) may omit provisions of third sentence, paragraph (a) (sec. 46, act May 25, 1956), if in lieu thereof contract provides that pro rata share of irrigation allocation attributable to furnishing irrigation benefits in each particular year to land held in private ownership by any one owner in excess of 160 irrigated acres shall be returned with interest computed in accordance with appropriate provisions of act, except that such payment for the excess lands shall not exceed amount equal to the increase payment capacity of the excess lands, as determined by the Secretary, resulting from the supplemental water supply.

11. Small reclamation projects

(a) H.R. 5881, 84th Congress, 1st session.

(b) House Report 481, 84th Congress, 1st session, dated May 4, 1955, containing Department of the Interior report on H.R. 5881.

(c) Conference Committee Print August 2, 1955 (amendment H.R. 5881 by substituting language S. 2442 as passed by Senate July 28, 1955).

(d) House Report 2200, 84th Congress, 2d session, dated May 23, 1956 (conference report).

(e) Enacted and approved as Public Law 984, 84th Congress, 2d session, on August 6, 1956.

Section 5(c)(2) provides for payment of interest on that pro rata share of a loan made under the act, attributable to furnishing irrigation benefits in each particular year, to land held in private ownership by any one owner in excess of 160 irrigable acres.

12. East Bench unit, Missouri River Basin project, Montana

(a) S. 977, 85th Congress, 1st session.

(b) Senate Report 574, 85th Congress, 1st session, dated July 2, 1957, containing Department of the Interior report on S. 977.

(c) Enacted and approved as Public Law 85-112, on July 24,

1957 (71 Stat. 309-310).

Provides exemptions of Beaverhead River Valley lands from acreage limitation of reclamation law except that ownership of benchlands alone, or a combination of a bench and valley lands, in excess of 130 Class 1 equivalent acres shall be deemed as excess land under reclamation law. Provides that water may be delivered to such excess lands if (1) total ownership does not exceed 160 irrigable acres, or (2) valid recordable contract has been executed.

13. Kendrick project, Wyoming

(a) S. 1996, 85th Congress, 1st session.

(b) Senate Report 838 on S. 1996, 85th Congress, 1st session, dated August 8, 1957, containing Department of the Interior report on S. 1996.

(c) House Report 1214 on S. 1996, 85th Congress, 1st session, dated August 21, 1957.

(d) Enacted and approved as Public Law 85-283 on September 4, 1957 (71 Stat. 508).

Section 2 of the foregoing act provides that the acreage limitation applicable to the Kendrick project shall be 480 irrigable acres in lieu of 160 as provided under basic reclamation law.

14. Lower Rio Grande rehabilitation project, Mercedes division, Texas (a) S. 2120, 85th Congress, 1st session.

(b) Senate Report 603 on S. 2120, 85th Congress, 1st session, dated July 10, 1957, containing Interior Department report on S. 2120.

(c) Enacted and approved as Public Law 85-370, 85th Congress, 2d session, April 7, 1958 (72 Stat. 82).

Provides in section 1 that any one owner holding land in excess of 160 irrigable acres shall pay interest on that pro rata share of the capital cost which is attributable to furnishing benefits in each particular year to such excess lands, and establishes the formula for determining interest rate.

Section 3 additionally provides that the excess land provisions of Federal reclamation laws shall not be applicable to lands on the project which have a water supply other than from the Federal reclamation project and for which no new waters are being developed. 15. Seedskadee project (Colorado River storage project), Wyoming (a) S. 3448, 85th Congress, 2d session.

(b) Senate hearings on S. 3448, April 30 and May 1, 1958. (c) Senate Report 1906 dated July 23, 1958, on S. 3448 containing Department of the Interior report on S. 3448.

(d) House Report 2454 dated August 5, 1958, on S. 3448. (e) Enacted and approved as Public Law 85-797, 85th Congress, 2d session, on August 28, 1958 (72 Stat. 963). Section 4 provides that project water may not be delivered to lands held by any one owner in excess of the equivalent of 160 acres of class I land, computed in accordance with factoral equivalents therein set forth, unless the owner thereof executes a valid recordable contract. 16. Lower Rio Grande rehabilitation project, La Feria division, Texas (a) H.R. 4279, 86th Congress, 1st session.

(b) House Report 971 dated August 24, 1959, containing Department of the Interior report on H.R. 4279.

(c) Enacted and approved as Public Law 86-357, 86th Congress, 1st session, on September 22, 1959 (73 Stat. 641).

Section 1 provides that the owners of lands in excess of 160 irrigable acres shall pay interest on that pro rata share of the capital cost which is attributable to furnishing benefits in each particular year to such excess lands, and establishes the formula for determining rate of interest.

17. Excess land held by a surviving spouse

(a) S. 68, 86th Congress, 1st session.

(b) Senate Report 1131, 86th Congress, 2d session, dated February 24, 1960, containing Department of the Interior report on S. 68.

(c) House Report 2055, 86th Congress, 2d session, dated June 30, 1960.

(d) Enacted and approved as Public Law 86-684, 86th Congress, 2d session, on September 2, 1960 (74 Stat.

732).

Provides that where the death of a husband or wife causes lands in private ownership to become excess as defined by reclamation law and such lands had theretofore been eligible to receive project water without execution of a recordable contract, water may continue to be so delivered without requirement of execution of a recordable contract as long as such lands remain in the ownership of the surviving spouse. In the event of the remarriage of the surviving spouse, the lands are then governed by applicable law without regard to provisions of this act.

18. Baker project, Oregon

(a) H.R. 575, 87th Congress, 1st session.

(b) House hearings on H.R. 575, March 23, 1962, serial No. 19.

(c) House Report 1960, 87th Congress, 2d session, dated July 2, 1962, containing Department of the Interior report on H.R. 575.

(d) Senate Report 1996, 87th Congress, 2d session, dated September 5, 1962, on H.R. 575.

(e) Enacted and approved as Public Law 87-706, 87th Congress, 2d session, September 27, 1962 (76 Stat. 634). Section 2(b) provides that lands held in private ownership by a person whose holdings exceed the equivalent of 120 acres of class I land, computed in accordance with factional equivalents therein set forth, are deemed excess lands. Project water shall not be furnished to such excess lands unless (1) the owners' total holdings do not exceed 160 irrigable acres, or (2) the owner of such excess lands shall have executed a valid recordable contract covering same.

19. Columbia Basin project, Washington

(a) H.R. 11164, 87th Congress, 2d session.

(b) House Report 2180, 87th Congress, 2d session, dated August 13, 1962, containing Department of the Interior report on H.R. 11164.

(c) Senate Report 2002, 87th Congress, 2d session, dated September 6, 1962.

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