The Churchill county standard. (Fallon, Nev.) 1908-1920, 1914-03-18

lib entry dibo, shall De ouuJeCl "
cancellation, and all payments made
by him forfeited to the reclamation
fund, but no homestead entry shall
be subject to contest because of such
default: Provided, That If the Sec
retary of the Interior shall SO elect,
he may cause suit or action to be
brought for the recovery of the
amount in default and penalties;
but IL suit or action be brought. the
right to declare cancellation and
forfeiture shall be suspended pend
ing such suit or action.
Increase of Charges.
Sec. 4. That no increase in the
construction charges shall hereafter
be made, after the same have been
fixed by public notice, except by
agreement between the Secretary of
the Interior and a majority of the
water-right applicants and entry
men TO be affected by such increase,
whereupon all water-right appli-
cants and entrymen In the area pro-
posed to be affected by the increased
charge shall become subject thereto.
Such increased charge shall be add
ed to the construction charge and
payment thereof distributed over the
remaining unpaid installments of
construction charges. Provided, That
the Secretary of the Interior, in his
discretion, may agree that such in
creased construction charge shall be
paid in additional annual INSTALL
ments, each of which shall be at
least equal to the amount of the
largest installment as fixed for the
project by the public notice thereto
fore issued. And such additional in
stallments of the increased construc-
tion charge. as so agreed upon, shall
become due and payable on Decem-
ber first of each year subsequent to
the year when the final installment
Of the construction charge under
such public notice Is due and pay
able: Provided further, That all
such increased construction charges
shall be subject to the came condi-
tions, penalties, and suit or action as
provided in section three OF this Act.
Operation and Maintenance.
Sec. s. That In addition to the
construction charge. every water
right applicant entryman, or land
owner under or upon a reclamation
project shall also pay. whenever
water service is available for the ir-
rigation CT his land. an operation
and maintenance charge based upon
the total cost of operation and MAIN
tenance of the project, or each sep
arate unit thereof, and such charge
shall be made for each acre-foot of
water delivered; but each acre of ir-
rigable land, whether irrigated or
not, shall be charged with a mini
mum operation and maintenance
charged based upon the charge for
delivery of not less than one acre.
foot of water: Provided, That
whenever any legally organized
water users association or irrigation
district shall SO request, the Secre-
tary of the Interior is hereby author
lied, in his discretion, to transfer to
such water users association or irri-
cation district the care, operation,
and maintenance of all or any part
of the project works, subject to such
rules and regulations as he may pre-
scribe. If the total amount of oper-
alton and maintenance charges and
penalties collected for any one irri-
cation season on any project shall
exceed the cost of operation and
maintenance of the project during
that irrigation season. the balance
shall be applied to reduction OF the
charge on the project for the next ir-
rigation season, and any deficit in
CURED may likewise be added to the
charge for the next irrigation
season.
Penalties.
Sec. 6. That all operation and
maintenance charges shall become
due and payable on the date fixed
for each project by the Secretary of
the Interior, and II such charge is
paid on or before the date when due
there shall be discount of Ave per
centum of such charge; but If such
charge is unpaid on the first day of
the third calendar month there
after, penalty of one per centum of
the amount unpaid shall be added
thereto, and thereafter an addition
al penalty of one per centum OF the
amount unpaid shall be added on the
first day of each calendar month II