
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC600a]

 
                         TITLE 43--PUBLIC LANDS
 
  CHAPTER 12--RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT
 
SUBCHAPTER XVII--LEGISLATION APPLICABLE TO PARTICULAR PROJECTS GENERALLY
 
Sec. 600a. Arch Hurley Conservancy District project, New Mexico

    The Secretary of the Interior is authorized to construct a Federal 
reclamation project for the irrigation of the lands of the Arch Hurley 
Conservancy District in New Mexico under the Federal reclamation laws: 
Provided, That construction work is not to be initiated on said 
irrigation project until (a) the project shall have been found to be 
feasible under section 412 of this title, but the project may be found 
to be financially feasible if the Secretary of the Interior finds that 
the amount to be expended from the reclamation fund can be repaid by the 
District, and further that the amount of money to be expended from the 
reclamation fund, plus the amount of money which has been made available 
from other sources (for the estimated period of construction), equals 
the estimated cost of construction; (b) a contract shall have been 
executed with an irrigation or conservation district embracing the land 
to be irrigated under said project, which contract shall obligate the 
contracting district to repay the cost of construction of said project 
met by expenditure of moneys from the reclamation fund in forty equal 
annual installments, without interest; (c) contracts shall have been 
made with each owner of more than one hundred and sixty irrigable acres 
under said project, by which he, his successors, and assigns shall be 
obligated to sell all of his land in excess of one hundred and sixty 
irrigable acres at or below prices fixed by the Secretary of the 
Interior and within the time to be fixed by said Secretary, no water to 
be furnished to the land of any such large landowner refusing or failing 
to execute such contract.

(Aug. 2, 1937, ch. 557, 50 Stat. 557; Apr. 9, 1938, ch. 134, 52 Stat. 
211; Aug. 9, 1955, ch. 637, Sec. 1, 69 Stat. 556.)

                       References in Text

    The Federal reclamation laws, referred to in text, include the act 
of June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the 
Reclamation Act, and Acts amendatory thereof and supplementary thereto, 
classified generally to this chapter. For complete classification of act 
June 17, 1902, to the Code, see Short Title note set out under section 
371 of this title and Tables.


                               Amendments

    1955--Act Aug. 9, 1955, struck out cl. (d) which required landowners 
to contract to pay to the United States one-half of the price above the 
appraised value received for the sale of land.
    1938--Act Apr. 9, 1938, inserted ``but the project may be found 
feasible if the Secretary of the Interior finds that the amount to be 
expended from the reclamation fund can be repaid by the District, and 
further that the amount of money to be expended from the reclamation 
fund, plus the amount of money which has been made available from other 
sources (for the estimated period of construction), equals the estimated 
cost of construction'' after ``section 412 of this title''.


                         Amendment of Contracts

    Section 2 of act Aug. 9, 1955, provided that: ``The Secretary of the 
Interior is authorized to amend any contract, which has been entered 
into prior to the date of enactment of this Act [Aug. 9, 1955], to 
conform with the provisions of the first section of this Act [amending 
this section]. The consent of the United States is hereby given to the 
recording, at the expense of the party benefited thereby, of any such 
amendment contract and to the simultaneous discharge of record of the 
original contract. The consent of the United States is likewise given to 
the discharge of record, at the expense of the party benefited thereby, 
of any contract which the Secretary of the Interior or his duly 
authorized agent finds is rendered nugatory by the enactment of this Act 
[amending this section].''


 Enforcement of Contract Provisions; Completed Transactions and Payments

    Section 1 of act Aug. 9, 1955, provided, in part, that: ``No 
provision with respect to the matters covered in said clause (d) [former 
cl. (d) of this section] which is contained in any contract entered into 
prior to the date of enactment of this Act [Aug. 9, 1955] shall, except 
as is otherwise provided by this Act [amending this section], be 
enforced by the United States. Nothing contained in this section shall 
affect (1) the retention and application by the United States of any 
payments which have been made prior to the date of enactment of this Act 
[Aug. 9, 1955] in accordance with any such provision of a contract, (2) 
the obligation of any party to the United States with respect to any 
payment which is due to the United States under any such provision but 
not paid upon the date of enactment of this Act [Aug. 9, 1955], and the 
application by the United States of any such payment in accordance with 
the terms of such contract, or (3) the enforcement of any such 
obligation by refusal to deliver water to lands covered by contractual 
provisions executed in accordance with said clause (d), except in those 
cases, if any, in which a sale or transfer consummated between December 
27, 1938, and the date of enactment of this Act [Aug. 9, 1955] is only 
discovered after such date of enactment to have been made contrary to 
such contractual provisions or to said clause (d).''
