2023 Laws of Puerto Rico › TITLE TWENTY-TWO - Public Works (§§ 1 — 1104) › Chapter 17 - Southwestern Puerto Rico Project or Lajas Valley Project (§§ 341 — 389) › Subchapter II - Operation of Irrigation System (§§ 361 — 389) › § 368 - District with a permanent character—Formation

During the trial period, both the Authority and the Department of Agriculture shall examine critically, within their respective specializations, each tract or subdivision of land included in the Irrigation District established, as well as any others which in their opinion might be permanently included therein, for the purpose of determining what lands are so located and of such a nature that they can be profitably and successfully irrigated in accordance with the provisions of this subchapter.
The Authority and the Department of Agriculture shall give due consideration to the results and effects of the operation of the Irrigation System in general, and of the extensions added to it during the trial period, if any, and the Authority shall include in the said District with a permanent character only such lands as in the opinion of the Secretary of Agriculture are so located and of such a nature that, upon their forming a permanent part of the Irrigation District, they will derive a benefit greater in amount than the total cost or burden imposed by law upon the said lands, as hereinafter provided, and whose total area is not greater than that to which the Irrigation System can supply, over a reasonable number of years, the quantity of water fixed as allotment by this subchapter.
Should there be lands of such a condition in excess of the total area that, in the judgment of the Authority, can receive from the Irrigation System, over a reasonable number of years, the quantity of water fixed as allotment by this subchapter, then the Authority shall apply the preceding norm relatively, taking also into consideration the cost, to the Irrigation System, of supplying water to any particular tract or subdivision of land. In such case, in determining what part or parts of such land are to be included in the Irrigation District, after considering the relative benefit and cost as provided above, the Authority shall be guided by the order of preference established in § 364 of this title.
In determining the lands to be definitively included in the Irrigation District at the close of the trial period, the Authority may exclude any tract of land which has been previously included in said District, but which, from the results observed during the trial period, should not, in the judgment of the Secretary of Agriculture, continue included in the District.
At the close of the trial period, the Authority shall cause to be prepared a list of the lands selected to form a permanent part of the Irrigation District. Said list shall contain a description of each tract or subdivision of land included in the District, and the name of the owner or owners thereof, and shall cause to be prepared, also, a map or maps on a convenient scale, showing each of the aforesaid tracts and subdivisions, and their net areas, in acres, included in the Irrigation District.
Upon completing the said list and map or maps, the Authority shall file same in the Office of the Secretary of the Treasury, and from that date the lands included therein shall lawfully and permanently constitute the Irrigation District.
Upon the previous recommendation of the Secretary of Agriculture, once a tract of land is permanently included by the Authority in the Irrigation District, such tract shall be bound to continue forming a part of the District; Provided, however, That the Authority shall have discretion to exclude from the Permanent Irrigation District such tracts or part thereof as the Secretary of Agriculture may determine have ceased being useful for agricultural purposes, or for any other reason, in furtherance of the best service of the Irrigation District, and to include other tracts or portions thereof which meet the requirements for becoming a part of said Irrigation District.
The said list and map or maps shall be filed in the Office of the Secretary of the Treasury on or before the date of expiration of the trial period established by this subchapter or of such extension of time as may be fixed by the Authority. The fact that an appeal has been taken before the courts as provided in § 370 of this title shall not prevent the formation of the Permanent Irrigation District at the expiration of the trial period established in this subchapter or of any extension of time that may be fixed. The District shall be established as the Authority may determine, and as to cases appealed from, the final decision of the courts shall govern.
History —June 10, 1953, No. 65, p. 182, § 8; June 14, 1961, No. 55, p. 97, eff. July 1, 1961.