Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1913-03-13
ORDERS FROM
DEPARTMENT
STATEMENT AND ORDER RE-
GARDING OPERATION AND
MAINTENANCE

An order under date Of February
26th, sent out from the Department
of the Interior relative to the recla-
nation service law gives the following
information, which will be Of interest
locally::-
l. The duty Of the Secretary Of the
Interior under the Reclamation Law
to require payment of the portion of
the instalment for operation and
maintenance as covered by the several
public notices on the Reclamation
Projects has been called into ques-
ton. In two cases United States Dis
trict Courts have held that the Secre-
tary had authority to require such
payments. On appeal to the Circuit
Court Of Appeals for the 9th Circuit
in the case of Baker v. Swigart (199
Fed, 1861, the Court held that the
Reclamation Act did not authorize the
collection Of such payments.
2. An appeal from said decision
was filed in the supreme Court of the
United States and, on motion made
by the Attorney General, the case IL
now set for hearing on April Z, 1913.
8. The law officers of the Govern
ment and of this Department do not
acouiesce in the decision in this case,
but in order to avoid litigation and
in view of the complications which
arise in case the Government refuses
to furnish water pending considera-
ton of the case by the Supreme court,
the following order is hereby promul-
gated.
ORDER -..
H. The engineers of the Reclama-
ton Service are hereby authorized
to deliver water to any water user
without payment of the portions OF
the instalment on account OF opera
ton and maintenance, as required ny
public notices and orders heretofore
issued and pending action by the su-
preme Court of the United States up
on the condition that the water user
shall promptly pay all portions OF the
instalments for operation and main
tenance which should have been paid
under such public notices and orders
before the furnishing Of water, un-
less the Supreme Court in the case
now pending renders such Judgment
as to prevent the Secretary Of the In
terror from collecting said instalments
for operation and maintenance.
5. In case of failure Of any water
user to make payment as provided
above within ten days after public no"
tiee Of decision by the Supreme Cour:
Of the United States in the case abo'e
noted, the water supply for his land
shall be promptly shut off and so re-
main until payment has been made OF
said charges, and also Of any other
charges due at that time in excess Of
one full instalment Of the charge for
building, operation and maintenance.
6 The shutting of Of water here
under shall not preclude the United
States from following any other rem
edy which may be available to it.
I. The furnishing Of water hereun-
der is not to be considered as in any
way relieving the water user from
any other payments required by the
public notices and orders in the time
and manner therein specified.
8. This order applies only to the
charges on account Of operation and
maintenance as required by public
notices and orders. It does not apply
to water rental or water carriage
charges and no water shall be fur
nished in such cases unless the pay
ments required by contract or order
are duly made.
Walter L. Fisher,
Secretary.
This office is also in receipt Of q
eopy of the Eleventh Annual Report
Of the Reclamation Service, part OF
which will be published in the next
:...,. ~ $b;a nanar