Page:United States Statutes at Large Volume 38 Part 1.djvu/706

This page needs to be proofread.

SIXTY—THIRD CONGRESS. Sess. II. Ch. 247. 1914. 687 nor snau. APPLY ·r0 mxrsrme rnomcrs. Sec. 2. That any person whose land or entry has heretofore become stI1iigyH{»°f·ii xiii Z; subject to the terms and conditions of the reclamation law shall pay ‘°“d°"· the construction charge, or the portion of the construction charge remaming unpaid, in twenty annual installments, the first of which shall become due and payab e on December first of the year in which the public notice aifecting his land is issued under this Act, and subsegpsent installments on December nrst of each year thereafter. The ,,,{f§?'°“ °' ""‘““‘ t four of such installments shall each be two per centum, the next two mstallments shall each be four per centum, and the next fourteen each six per centum of the total construction charge, or thplfgrtion of the construction charge unpaid at the beginning of such inst ents. rnxairrms. Sec. 3. That if any water-right a licant or entryman shall fail to P¤¤¤¤¤¤¤ f<>r ¤¤¤- pay any installment of his constructildh clnupes when due, there shall iftmiigg. °°°”°°` e added to the amount unpaid a penalty o one per centum thereof, Vol- 37. p. rss, and there shall be added a like penalty of one per centum of the °'°°”d°d‘ amount utplpaid on the first di? 0 each month thereafter so lorica . such defa t shall continue. any such applicant or entrymau all m§g‘,:°u°*'°¤¤¤d’“· be one year in default in the payment of any installment of the construction charges and lpenaltiw, or any part thereof, his water-right application, and if he e a homestead entryman his entry also, shall be subject to cancellation, and all payments made b him forfeited to the reclamation fund, but no homestead entry shag be subject to contest because of such default: Pnmided, That if the Secretary of §$,mmvm 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 if suit or action be brouglht, the right to declare a cancellation and forfeiture shall be suspen ed pending such suit or action. mcnnasn or CHARGES. Sec. 4. That no increase in the construction charges shall here- ,,,,,’§g'“if,"°‘f,‘2,’§‘,,t§’{,‘ *“‘ after be made, after the same have been fixed by public notice, except ¤¤¤rs¤é mm by agreement between the Secretary of the Interior and a matority of the water-right applicants and entrymen to be affected yi such increase, whereu on all water-right applicants and entry)men m the area roposed telic affected by the increased charge shall ecome subject Exereto. Such increased charge shall be ad ed to the construction charge and payment thereo distributed over the remaining unpaid installments of construction charges: Promlfed, That the $,'{,’,,"Y"'{§;. ,,,,,,,8 m, Secretary of the Interior, in his discretion, may agree that such in- ¤¤=•¤·- creased construction charge shall be paid in ad 'tional annual installments, each of which shall be at least eqgal to the amount of the largest installment as fixed for the project 8-mths public notice theretofore issued. And such additional inst ents of the increased construction charge, as so agreed upon, shall become due and playable on December first of each year subsequent to the year when_ the final installment of the construction charge under such public notice is due and payable: Promkled further, That all such increased construction °"°°'""°’*°"‘* charges shall be subject to the same conditions, penalties, and su1t or action as provided in section three of this Act. ornnarrou AND zuamrnxaxcn. Sec. 5. That in addition to the construction charge, every water- m§’,§,°cQ§**°¤¤¤dm¤’¤· right applicant, entryman, or landowner under or_ upon a recla- Basis ¤f¢1¤¤‘zeSf¤r. mation project shall also pay, whenever water service w available