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with funds allotted from the Public Works appropriation and will be completed with regular appropriations. The irrigable area is 5,100 acres, which is to be divided into small tracts for Indians living in the vicinity who will make beneficial use of the land. This project when completed will sustain approximately 400 Indian families and will greatly relieve the over-crowded condition of the range in this section. There are at present approximately 500 acres under cultivation on the old part of this project which can be served in 1937 by the new irrigation system.

The amount requested will meet the bare operation and maintenance costs for 1938. The Indians living on the project will perform most of the required labor.

Statement of collections Collections on hand, July 1, 1935..---

None Receipts, fiscal year 1936...

None Total available, 1936...

None Expenditures, 1936.--.

None Balance on hand, July 1, 1936.

None Receipts, fiscal year 1937.---

- $4, 000 Total available, 1937

4, 000 Expenditures, 1937-------

- 4,000 Balance on hand July 1, 1937.

None Receipts, fiscal year 1938.-------

-- 4,000 Total available, 1938.----

4, 000 Expenditures, 1938.-

4,000 Balance on hand, July 1, 1938....

None

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MAINTENANCE ASSESSMENTS, INDIAN LANDS, MIDDLE RIO GRANDE

CONSERVANCY DISTRICT, NEW MEXICO

Mr. JOHNSON. The next item, on page 139, is for assessments against Indian lands within the Middle Rio Grande Conservancy District, in New Mexico. Mr. Dodd. I offer the following justification for the record:

Basic authority. This appropriation is authorized by the act of August 27, 1935 (49 Stat., p. 887), which reads as follows:

“That the Secretary of the Interior be, and he is hereby, authorized to enter into an agreement with Middle Rio Grande Conservancy District, a political subdivision of the State of New Mexico, to provide for operation and maintenance on newly reclaimed Pueblo Indian lands, not exceeding twelve thousand six hundred acres thereof now owned by said Indians, in the Rio Grande Valley, New Mexico, provided said lands have been benefited by improvements constructed under the Act of Congress dated March 13, 1928 (45 Stat. L., 312–313), and as therein provided, and as provided for by the provisions of the contract executed by and with the Secretary of the Interior and the said district; and there is hereby authorized to be appropriated anuually for a period of not to exceed five years, such amount as may be necessary to enable the Secretary of the Interior to pay the cost to Middle Rio Grande Conservancy District of such operation and maintenance on said newly reclaimed Pueblo Indian lands as may be irrigable during any particular year, provided the per acre cost assessable against the acreage of newly reclaimed Indian lands shall not exceed the per acre cost of operating and maintaining the district works for the irrigation of the total irrigable area within the district, including the now irrigated and newly reclaimed Indian lands: Provided, That any sums appropriated pursuant hereto shall be reimbursable to the United States: Provided further, That the district shall be required by the agreement herein authorized to be executed, to deliver water without discrimination on that part of the newly reclaimed Pueblo lands on which the per acre charge or assessment has been paid: And provided further, That the provisions of the contract heretofore executed pursuant to the Act of March 13, 1928, requiring the district to recognize the prior and paramount water rights for the approximately eight thousand three hundred and forty-six acres of now irrigated Indian

lands and of their exemption from payment of any operation and maintenance or betterment cost, shall be carried into and made a part of the agreement to be executed pursuant hereto."

The pueblos of Cochiti, Santo Domingo, San Felipe, Santa Ana, Sandis, and Isleta are situated within the boundaries of the Middle Rio Grande conservancy district. In accordance with the act approved March 13, 1928, and the contract dated December 14, 1928, the Middle Rio Grande conservancy district has constructed diversion dams, canals, main laterals, and a storage reservoir for the irrigation of the lands of these pueblos, as well as non-Indian lands in the district. The conservancy district has also constructed drains and flood-protection works for the benefit of these lands. In accordance with the act approved June 22. 1936, the United States has agreed to pay operation and maintenance costs to the district for 5 years, beginning with the fiscal year 1937. Funds in the amount of $11,250 were appropriated to make these payments during the fiscal year 1937 for water delivered during the calendar year 1936. No provision has been made for payment of operation and maintenance assessments for the calendar year 1935, although the district delivered water to irrigated Indian lands and maintained its works for the benefit of Indian lands. The conservancy district's estimate of the amount due for operation and maintenance during the calendar year 1935 is $12,569.76. For the calendar year 1937, the district estimates the total assessments for operation and maintenance will be $10,169.46. The total amount due for the calendar years 1935 and 1937 as calculated by the district will be $22,739.22. It is believed that the acreage of Indian lands claimed by the district is somewhat large. A soil survey now bieng made by the Soil Colservation Service will determine the exact amount of lands which should be included in the area on which assessments will be paid. Our present estimate of the entire area of Indian lands within the district is approximately 20,084 acres, of which approximately 8,483 were under cultivation at the time the construetion contract was made and which, therefore, do not have to share in the operation and maintenance costs, leaving 11,601 acres of new lands upon which the operation and maintenance cost will have to be paid to the district. The survey being made by the Soil Conservation Service soil experts may raise or lower this figure.

The following letter from the Middle Rio Grande conservancy district sets out their estimate of money due them and for which the above justification is made:

August 1, 1936. Dr. S. D. ABERLE, Superintendent, United Pueblos Agency,

Albuquerque, N. Mex. Dear Dr. ABERLE: As you are aware, the district has executed and submitted to Washington a contract covering conditions under which the United States is to pay a share of the cost of district operation and maintenance expense in behalf of lands owned by Pueblo Indians within the project. The contract as submitted covers the years 1935 and 1936 and provides for payment for those 2 years, with further provision that extensions may be made for a total contract period not in excess of 5 years.

In accordance with the contract we submit herewith costs and budgeted requirements for our operation and maintenance expenditures for the years 1935 and 1936. Since the contract may be extended to include 1937, there is also submitted an estimate of our requirements for that year.

Interior Department appropriations for the fiscal year ending June 30, 1937 (see Public, No. 741, 74th Cong., H. R. 10630), set out an appropriation as follows:

"For operation and maintenance assessments on newly reclaimed Indian lands within the Middle Rio Grande conservancy district, New Mexico, $11,250, or 80 much thereof as may be necessary, reimbursable."

This amount, we are advised by Assistant Commissioner Zimmerman, is available for payment of charges accruing during the calendar year 1936.

It is necessary, therefore, that provision be made in the next Indian Bureau budget for its share of 1933 operation and maintenance costs; and, since 1931 may also be included in the contract, provision should also be made for an appropriation for the calendar year 1937.

Accordingly, there are submitted below: i District operation and maintenance costs for calendar year 1935. 0 Budet of estimated operation and maintenance costs for calendar year 1930. 8. Budget of estimated operation and maintenance costs for calendar year 1931.

These figures include the cost for 1935 and estimated costs for 1936 and 1937 of all operation, maintenance, and betterment work, including the cost on account of the newly reclaimed Pueblo Indian lands and the now irrigated Pueblo Indian lands.

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Administrative and legal: General office..
Superintendence and engineering: Division offices, warehouses, shops,

field engineering, and supervision......
Watermasters, patrolmen, dam tenders-labor..-.
Labor-cleaning and maintenance: Spring cleaning, repairs to struc-

tures, trapping rodents, bank repair, bank protection, gaging, em

bankment and jetty maintenance, emergency flood protection.... Materials and supplies and miscellaneous expense: Repairs to struc

tures (materials and hauling), bank repair (materials and hauling), maintenance of jetties (materials and hauling), operation (supplies and expense), dams..

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Total...

217, 026. 46

1 198, 440

i Does not include extra expense which may arise during balance of calendar year 1936 and in 1937 in con. nection with Texas-New Mexico water-right litigation.

Total..

On the basis of actual costs for the year 1935, the amount due the district for operation and maintenance on newly reclaimed Pueblo lands is determined as follows (see par. 13 of contract): Total operation and maintenance cost----

$217, 026. 46 Less assessments made for operation and maintenance against property other than agricultural.-

97, 440. 09 Balance of costs in which newly reclaimed Pueblo lands participate..

119, 586. 37 Total agricultur. l lands in district:

Acres Non-Indian

98, 928 Old irrigated Pueblo lands..

8, 346 Newly reclaimed Pueblo lands (estimates)

12, 600

119, 874 Unit per acre cost chargeable to newly reclaimed Indian lands: 119,874 acres, at $0.9976 per acre-.--.

------------- $119, 586. 37 On 12,600 acres total for 1935.-

12, 569. 76 Carrying through the years 1936 and 1937 in the same manner, it will be found that the unit per acre and total cost to newly reclaimed Indian lands for these years are as follows: 1936: Unit per acre cost.--.-

$74. 89 Total for 12,600 acres.-

- 9, 436. 14 1937: Unit per acre cost------

80. 71 Total for 12,600 acres -----

------- 10, 169. 46 Assessments against properties other than agricultural are estimated to be $108,667, that being the amount actually assessed for 1936. The rate for 1937 will not be definitely known until June 1937.

Summary of estimated cost to newly reclaimed pueblo lands 1935..

$12, 569. 76 1936.--.

- 9, 436. 14 1937.-----

10, 169. 46

It is requested that proper measures be taken to provide for appropriations fa the years 1935 and 1937. Furthermore, it is hoped that upon approval of t operation-and-maintenance contract recently submitted, payment for the first hal of 1936 may be expedited.

The district has been carrying on operation and maintenance on Indian land for over 18 months, and it is vital to the carrying on of its current work that moneys now due be made available at the earliest possible time. Your cooperation and assistance will be appreciated. Yours very truly,

C. A. ANDERSON, Chief Engineer, Middle Rio Grande Conservancy Distric. Payment of 1935 charges.-The appropriation now available provides for opetion and maintenance costs for 1936, and the amount requested will be used to me such costs for 1937. No provision has yet been made for meeting these costs u 1935. An estimate will be submitted for consideration in connection with the deficiency bill to cover 1935. The basic legislation authorizes these appropriations for a period of only 5 years. The district has urged payment of charges acTES in 1935, the calendar year in which the authorizing act was passed. Prior to tast year all operation and maintenance charges were carried into construction costs.

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IMPROVEMENT AND MAINTENANCE, IRRIGATION SYSTEM, KLAMATE

RESERVATION, OREG. Mr. Johnson. The next item, for the Klamath Reservation, Oreg. is on page 140.

Mr. Dodd. The justification for this item is as follows:

Language change.—This estimate contemplates the transfer of $1,000 from tribe to Treasury funds, and the use of $4,000 from collections. The text to be omitira relates to the use of tribal funds.

The irrigation system on the Klamath Reservation comprises four projects constructed by the Indian Service:

ARE Modoc Point project.--. Sand Creek project ------------Fort Creek project.Brown Springs project---

Only the first two projects are being operated by the Indian Service. The white water users on these projects pay their proportionate share of the operation and maintenance costs which for several years past have amounted to $1 per ser While the Indian Service constructed Fort Creek and Brown Springs propers and has done considerable work on them, and now acts in an advisory capaci." they are largely maintained by the landowners.

Modoc Point. - The estimate includes the following features:
Cleaning of canals and laterals and repairs to structures---
Maintenance of drains.---
Patroling canals.--
Maintenance of headquarters buildings.---

Total. ---The source of water supply is in the Sprague River. The distribution syste includes 11 miles of main canal with a capacity of 60 cubic feet per second. miles of laterals and 364 structures.

The area possible to serve with the irrigation system in its present cond! amounts to 2,182 acres. The irrigable area, however, is much larger and the rehabilitation work now in progress it is expected that the irrigated area be increased both by Indians and white users. For this reason the esti has been increased over previous years.

Maintenance consists of cleaning canals, laterals and drainage ditches yearly growth of willows and cattails, removal of silt from canals and laterals drainage canals, repair and improvement of structures and the repair and paw of the group of buildings at headquarters.

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Statement of collections (Modoc Point) ollections on hand, July 1, 1935.

$653 Receipts, fiscal year 1936.

927 Total available, 1936...

1, 580 Expenditures, 1936...

758 Balance on hand, July 1, 1936..

822 {eceipts, fiscal year 1937.---Total available, 1937

- 2, 022 Expenditures, 1937-------Balance on hand, July 1, 1937..

2, 022 Receipts, fiscal year 1938..

1, 600 Total available, 1938.------

3, 622 Expenditures, 1938----

-- 2, 000 Balance on hand, July 1, 1938.---

------- 1, 622 Sand Creek.—The estimate includes the following features: Cleaning canals and laterals and repair to structures--

-- $1, 900 Headquarters upkeep--

-- 100 Total.

2,000 The source of water supply is Sand and Scott Creeks. The distribution system includes 6 miles of main canal with a capacity of 30 cubic feet per second and

miles of laterals. The irrigable acreage is 3,614 acres. The type of maintenance work is similar to that for the Modoc project. There is a possibility that some 550 additional acres will be irrigated under this unit in 1938, which will necessitate repair of the wooden checks and drops which were installed many years ago to reduce the velocity of the water. It is proposed also to clean the channel in Sand Creek of fallen timber and debris so that the water supply may be increased. It will also be necessary to install a few new turn-outs and checks to serve the additional land.

Statement of collections (Sand Creek) Collections on hand, July 1, 1935.--

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$2, 205 Receipts, fiscal year 1936..

872 Total available, 1936.-----

3, 077 Expenditures, 1936-----

525 Balance on hand, July 1, 1936.

2, 552 Receipts, fiscal year 1937----

1, 200 Total available, 1937.-Expenditures, 1937.Balance on hand, July 1, 1937

1, 752 Receipts, fiscal year 1937.----

1, 700 Total available, 1938.-------

3, 452 Expenditures, 1938.-----

2, 000 Balance on hand, July 1, 1938..

1, 452

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