Imperial Valley press., 1922-05-08


poses aforesaid, and to acquire by pro-
ceedings in eminent domain or other
wise all lands and rights of way neces-
sary for the said reservoir and inci-
dental works; also to construct a main
canal and appurtenant structures To-
Gated entirely with the United States,
connecting the Laguna dam on ssaid
river with the Imperials and Coachella
valleys, in California, together with
Such other canals and structures as may
be required for the distribution and de-
livery of water from said reservoir and
said river to lands in the United States
which said secretary may find practi-
cable of irrigation and reclamation
therefrom, and to acquire by .proceed-
ings in eminent domain or otherwise all
rights of way necessary for such canals
and structures. No expenditures for
the construction of canals or appnrtcn-
ant ! STRUCTURES authorized Hereunder
shall.be made until the landsSto be aifri.
gated thereby shall. have first been
legally obligated to. repay their proper
portions, as may lbe ,dctetmined by the
Of sthe interi6r;, Of 4he total
costs thereof to the United States in
accordance with the terms OF repayment
prescribed in the act Of congress ap-
proved June II, 1902, entitled:
"An act appropriating the receipts
from the sale and disposal of public
lands in certain states and territories
to the construction Of irrigation works
for the reclamation Of arid lands,' and
acts amendatory thereof or supplement
sary thereto, hereinafter referred to as
she reclamation law.
SEC. 8. That the secretary Of the
interior is empowered to receive ap-
plications for the right to use for the
generation of electrical power portions
of the water discharged from said reser-
voir and available for the generation Of
electrical power at said dam, and, after
full hearing of all concerned, to allocate
to such applicants such portions of such
power privileges as, in his judgment,
may be consistent with an equitable
distribution thereof among the various
interested states and among the various
interested communities in each state
The said secretary, in making such al
location, may give consideration to the
plans of the varions applicants, having
regard to their relative adaptability to
utilize such power privileges in the pub
lie interest, and at reasonable cost to
the communities served: Provided, that
subject to such ALLEGATIONS he shall give
preference to applications made by po'
litical subdivisions.
SEC. 4. That the said secretary is
authorized to make leases of the power
privileges so allocated, limited to Sc
years, on such terms and under bucl
regulations as he may prescribe, and to
fix what he may find to be reason
able compensation therefor. Upon Of
after the expiration of any such lease
or renewal thereof, the United State:
may take over the property of the
lessee which is dependent for its useful
ness upon the continuation of the lease
and if it shall do so shall pay to ths
lessee its net investment in the property
taken, not exceeding the fair valu,
| thereof at the time it is so taken, will
reasonable severance damages to prop
! erty of the lessee not taken. Such net
investment, or fair value and damages
if not agreed upon, shall be fixed by "a
proceeding in equity in the district
court of the United States in the dis
trict in which such property, or some
part thereof, is situated. If the United
States does not exercise it's right to take
over such property, the secretary of the
interior may, by agreement with the
lessee, renew the said lease for not more
than fifty years, or in his discretion
may make lease under the terms here
Of to new lessee, upon the condition
that such new lessee shall pay to the
former lessee such net investment and
damages determined as aforesaid. II
such property is not taken over by the
United states, ,or such new lessee, ,ol
such lease renewed, the said Secretary
shall extend such lease from year tt
year until such property is so taken Owe,
or such lease renewed.
SEC. 5. That any such political sub
division, instead of entering into a lease
may, with the consent of the Secretary
of the Interior, as the consideration FOL
such power privileges as may be sallo
Gated to it. as above provided, pay tt
the United States in annual install.
ments, during such period not exceeding
Is years rs may be agreed upon, a total
sum which shall bear the same proper
tion to the cost of constructing lSucf
dam and incidental. works and acquiring
lands and rights of way for said reser
voig and incidental works, as the watel
allocsted to such political .subdivisior
bears TO oil the water available for the
generation O. power at said dam, to
gethcr with a Ske proportion of tht
annual expense of op>xating and main
tanning such dam and incMental works
and interest at the rate of $ per centun
per annum on the unpaid portion OF suct
proportionate part of ,such cost. Any
or all of the installments of such pro
portionate part of such cost may b'
paid in advance. The right 20 use to'
the generation of electrical power thu
water so allocatcd, shall continue aftel
the completion of the payment OF sucl
proportionate part of such cost, 80 lonl
as such political subdivision shall pa,
annually such proportionate part oa
such expense of operating and maintain
lng such demand incidental works. Th,
said Secretary is authorized on sucl
terms and under such regulations as h
may prescribe to make any contracts
which may be necessary to carry init
effect the provisions of this section. Th'
title to said dam and incidental works