The annual operation and maintenance charges are hereby fixed for the lands under the various units in the amounts named in this section, on the Colville Indian Irrigation Project, Wash. (a) The per acre per annum rates for the following units are: Nespelem Unit $5; Little Nespelem Unit $5. All patent in fee lands and all Indian trust lands to which water can be delivered for irrigation and on which application for water services is made by the water users and approved by the Superintendent of the Indian Reservation, are subject to the above rates. [34 FR 2201, Feb. 14, 1969] § 221.10 Payments. (a) The annual charges fixed in § 221.9 for the Nespelem and Little Nespelem Units shall become due on April 1 of each year and are payable on or before that date. (b) [Reserved] (c) To any charges against nonIndian land or Indian land under lease to non-Indians remaining unpaid after July 1, there shall be added a penalty of one-half of 1 percent per month or fraction thereof from the due date until paid. (d) In any instance where the Superintendent is convinced that an Indian landowner, whose land is not under lease to a non-Indian, is financially unable to pay his operation and maintenance charges from proceeds of the crops being grown on the lands, or from any other source, water may be delivered if a written certificate is issued by the Superintendent stating that such Indian is not financially able to pay such charges. In such cases, the unpaid charges shall be entered on the accounts and will stand as a first lien against the land until paid but without penalty for delinquency. [34 FR 2201, Feb. 14, 1969] § 221.11 Delivery contingent on payment. (a) No water shall be delivered to any tract of land under the Nespelem and Little Nespelem Units until the entire irrigation charges for the current year shall have been paid. (b) No water shall be delivered to lands in non-Indian ownership until all delinquent charges, plus penalties, for previous years have been paid. (c) No water shall be delivered to Indian lands under lease until the lessee has paid all charges, plus penalties in the case of a non-Indian lessee, which have accrued during the period of his lease. (d) A water user who has fulfilled all requirements and is eligible to have water delivered to him shall give the ditch rider 48 hours notice in advance of the time he wishes to receive water or discontinue delivery of water to his tract. [34 FR 2201, Feb. 14, 1969] § 221.11a Water users responsible for water after delivery. It is the duty of the Indian Irrigation Service to furnish available water for beneficial irrigation use only. It is the duty of all water users of the project to aid in the prevention of the waste of water and of damage to adjacent lands. The water users are re sponsible for the water after it has been delivered to their lands, and are required to have their field ditches of proper capacity and in suitable condition for the use of economical heads of water. [34 FR 2202, Feb. 14, 1969] FORT BELKNAP INDIAN IRRIGATION PROJECT, MONTANA § 221.30 Charges. Pursuant to the provisions of the Acts of August 1, 1914, and March 7, 1928 (39 Stat. 583, 45 Stat. 210; 25 U.S.C. 385, 387), the basic annual charges for operation and maintenance against the irrigable lands to which water can be delivered under the constructed works of the Fort Belknap Indian Irrigation Project in Montana are hereby fixed for calendar year 1969 and each succeeding year until further order (a) for the Milk River and White Bear Units, including lands under pumping contract with the Fort Belknap Indian Irrigation Project, at $2.65 per acre against lands in Indian ownership not under lease to a non-Indian, and at $5.17 per acre against lands in non-Indian ownership and lands in Indian ownership under lease to a non-Indian; (b) for the Three Mile Unit at $3.20 per acre against lands in Indian ownership not under lease to a non-Indian, and at $5.72 per acre against lands in nonIndian ownership and lands in Indian ownership under lease to a non-Indian; and (c) for the Brown Unit at $2 per acre for Indian and non-Indian owned lands; and (d) for the Peoples Creek (Hays) and Ereaux Units at $2 per acre for Indian and non-Indian owned lands. [34 FR 5548, Mar. 22, 1969] percent per month or fraction thereof from the due date until paid. (b) The delivery of water shall be refused to all tracts of land for which the charges have not been paid when due, except where the lands are in Indian ownership, not under lease to non-Indians, and the Indian owners shall have made the necessary arrangements with the superintendent as hereafter provided. When any Indian owner of land not under lease to a non-Indian is financially unable to pay the operation and maintenance charges on the due date from cash on hand, the superintendent may make the necessary arrangements with such Indian owner as will permit him to perform labor on the irrigation project works, the proceeds derived therefrom to be applied in partial payment of such charges. The superintendent may also make necessary arrangements for such Indian owner to pay the oper ation and maintenance charges from the proceeds of the crops grown on the land when harvested and marketed within that calendar year, provided written statements to that effect are furnished the superintendent by the Indian owner on or before the due date. (c) In any instance where the superintendent is convinced that an Indian landowner, whose land is not under lease to a non-Indian, is financially unable to pay his operation and maintenance charges from proceeds of labor performed on the project works, or from the proceeds of the crops being grown on the land, or from any other source, the delivery of water may be continued if a written certificate is issued by the superintendent stating that such Indian is not financially able to pay such charges and copies thereof forwarded to the Commissioner of Indian Affairs for approval or rejection. In such cases the unpaid charges shall be entered on the accounts and will stand as a first lien against the land until paid but without penalty for delinquency. [22 FR 10651, Dec. 24, 1957] It is the duty of the Indian Irrigation Service to furnish available water for beneficial irrigation use only. It is the duty of all water users of the project to aid in the prevention of the waste of water and of damage to adjacent lands. The water users are responsible for the water after it has been delivered to their lands, and are required to have their field ditches of proper capacity and in suitable condition for the use of economical heads of water. [22 FR 10651, Dec. 24, 1957] NAVAJO INDIAN IRRIGATION PROJECT, ARIZONA AND NEW MEXICO SOURCE: Sections 221.41 to 221.43 appear at 22 FR 10653, Dec. 24, 1957. § 221.41 Charges. Pursuant to the provisions of the acts of August 1, 1914 (38 Stat. 583; 25 U.S.C. 385) and March 7, 1928 (45 Stat. 210), the annual basic charges for operation and maintenance assessed against the irrigable lands of the Navajo Indian Irrigation Project, Arizona and New Mexico, to which water can be delivered through the constructed works of the project, are hereby fixed at $2.00 per acre per annum for the year 1956 and thereafter until further notice, for the following units: Soil and Moisture Conservation Activity, $2.00 per acre. (a) The annual charges fixed in § 221.41 shall become due on April 1 of each year; are payable on or before that date, and any charges that remain unpaid after the due date shall stand as a first lien against the land until paid. (b) The delivery of water shall be refused to all tracts of land for which the charges have not been paid when due, except in instances where the lands are in Indian assignment, and the Indian assignee shall have made the necessary arrangements with the superintendent as provided in this section. When any Indian assignee of land is financially unable to pay the operation and maintenance charges on the due date from cash on hand, arrangements may be made by prior agreement with the superintendent whereby the Indian will perform labor on the project works and pay from the proceeds received from such work at least an amount equal to $1.00 per acre per annum; or the superintendent may make the necessary arrangements for such Indian assignee to pay the operation and maintenance charges from the proceeds of the crops grown on the land when harvested and marketed within that calendar year, provided written statements to that effect are furnished by the Indian assignee on or before the due date. (c) In any instance where the superintendent is convinced that an Indian assignee is financially unable to pay his operation and maintenance charges from proceeds of labor performed on his project works, or from the proceeds of the crops being grown on the land, or from any other source, the delivery of water may be continued if a written certificate is issued by the superintendent stating that such Indian is not able to pay his charges and copies thereof forwarded to the district office director for approval or rejection. In such cases the unpaid charges shall be entered on the accounts and will stand as a first lien against the land until paid but without penalty for delinquency. 80-072 0-81-36 § 221.43 Water users responsible for water after delivery. It is the duty of the Indian irrigation service to furnish available water for beneficial irrigation use only. It is the duty of all water users of the project to aid in the prevention of the waste of water and of damage to adjacent lands. The water users are responsible for the water after it has been delivered to their lands, and are required to have their field ditches of proper capacity and in suitable condition for the use of economical heads of water. § 221.56 Time of payment. The charges as fixed in § 221.55 shall become due April 1, and are payable on or before that date. To all charges assessed against owners of patent in fee of white owned lands not paid on July 1, following, there shall be added a penalty of one-half of 1 percent per month, or fraction thereof, so long as the delinquency continues. No water shall be delivered to lands of competent Indians or white owned lands until such charges shall have been paid, or to lands of incompetent Indians until the superintendent of the reservation shall have issued a certificate to the project engineer that the Indian farming such lands is financially unable to pay the charge, or in case such Indian lands are leased, the terms of the lease relative to the payment of water charges shall have been complied with. [22 FR 10654, Dec. 24, 1957] § 221.57 Conditions of payment. These charges shall not apply to any lands furnished irrigation water under contract between the Department of the Interior and any company or corporation or individual person, which contract contains provisions for payment for furnishing or carrying water, differing from the conditions herein provided. In all such cases sums will be collected in accordance with the terms of the respective contracts. [22 FR 10654, Dec. 24, 1957] SAN CARLOS INDIAN IRRIGATION SOURCE: Sections 221.64 to 221.69 appear at 22 FR 10654, Dec. 24, 1957, unless otherwise noted. § 221.64 Assessment, State and Federal agencies. Pursuant to the provisions of the act of March 7, 1928 (45 Stat. 210), and Article 12 of the repayment contract of June 8, 1931 and in accordance with §§ 221.69a-221.69m, the State lands and Federal agencies may be delivered water, out of such project water as may be set aside for that purpose, for the calendar year 1946, and until further order, upon the payment of $2.50 per acre per annum, payable in advance each year of the delivery of water. Such payment shall entitle the lands to receive 2 acre-feet of water per acre per annum or such lesser amount as represents the proportionate share of the available supply of water. Any water delivered to such lands in excess of 2 acre-feet per acre shall be paid for on the same terms under which excess water is furnished to project lands. The water service to the State lands and Federal agencies shall be made by: (a) The San Carlos irrigation and drainage district shall serve the State |