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) › § 364 - Trial-basis district—Formation

For the purpose of gathering adequate information which will enable the Secretary of Agriculture and the Authority to judge correctly in making a successful selection of the lands to be included in the Irrigation District, the Authority shall cause to be made a classification of the lands. The other agencies of the Government of the Commonwealth of Puerto Rico, especially the Experiment Station and the Agricultural Extension Service of the University of Puerto Rico, shall cooperate with the Department of Agriculture and the Electric Power Authority by furnishing them all such relevant information as they may be able to obtain for the purpose within the technical nature of the branch of their respective specialties. The Secretary of Agriculture shall be responsible for the agricultural development of the Lajas Valley.
The Authority and the Department of Agriculture shall examine each tract or subdivision of land which may be included in the Irrigation District. The Authority shall include those that in its judgment, after consulting with the Secretary of Agriculture, are so situated and of such a nature that they would be benefited by irrigation in a measure that would surpass the total cost or charge imposed by this subchapter on the land to be irrigated. The total area of the lands to be included in the Irrigation District shall be determined, pursuant to the provisions of this subchapter, by the quantity of water available according to the surveys made for the purpose by the Authority, and other controlling factors.
In case there should be lands of such conditions in excess of the total area which, in the judgment of the Authority, may 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 rule 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 is to be included in the Irrigation District, after considering the relative benefit and cost as provided above, the Authority shall guide itself by the following order of preference:
(1) Lands whose valid and subsistent water rights or concessions have been assigned or conveyed to the Commonwealth of Puerto Rico.
(2) Lands irrigated with public waters and whose franchises granted by the Public Service Commission of Puerto Rico will be revoked upon the utilization of such waters by the Irrigation System.
(3) Lands having no water rights or concessions.
(4) Lands whose valid and subsistent water rights or concessions have not been assigned or conveyed to the Commonwealth of Puerto Rico.
The order of preference established above being a guide and not an inflexible rule, the Authority shall have power to alter said order so that the widest practicable use may be made of the water available, with the greatest saving to all concerned.
In the application of the preceding directives the Authority shall consider as wholly belonging to Class (1) and (2), respectively, any tract of land part of which falls within the respective requisites of the aforesaid classifications, and in the case of the inclusion of any tract of land in Class (4), the Authority shall consider as belonging to Class (3) any portion of such tract not having the water right or concession. The specific portion of such tract to which the water right or concession belongs shall, at the request of the owner thereof, be excluded from the Irrigation District.
The Authority shall cause to be prepared a list of the lands included in the Irrigation District, which list shall contain a description of each tract or subdivision of land 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 the net areas thereof, in acres, included in the Irrigation District.
The Authority shall file a certified copy of said list and maps in the Office of the Secretary of the Treasury and thenceforth the Irrigation District on a trial basis shall become established, subject to the provisions of this subchapter.
History —June 10, 1953, No. 65, p. 182, § 4; June 18, 1958, No. 46, p. 71; June 14, 1961, No. 55, p. 97, eff. July 1, 1961.