52STAT.] 75Thn CONG. , 3D SESS.-CH. 795-JUNE 28, 1938 reservoir as allocated according to the proportionate storage capacity reserved or utilized for flood-control purposes, nor exceed the esti- mated value of the flood control to be achieved, nor in any event to exceed the sum of $2,000,000: Provided further, That the Secretary of War is authorized to pay for said participation in said multiple- use reservoir out of any funds authorized for flood control in the Arkansas River Basin when the flood-control portion of the project is completed: Providedfurther, That the Federal Power Commission is hereby authorized and directed to retain and exercise the authority heretofore conferred on it by law with respect to that portion of the project constructed and operated for power purposes: Provided fur- ther, That the improvements shall be operated and maintained at the expense of the private parties constructing said project in accordance with regulations approved by the Secretary of War and the Chief of Engineers with respect to navigation and flood control and by the Federal Power Commission with respect to the operations for power which regulations shall provide for payments to the United States for the use for power purposes of any flood waters temporarily stored for flood control in the flood control portion of the reservoir, at such rates as the Federal Power Commission shall determine to be fair and reasonable. RED RIVER BASIN The Denison Reservoir on Red River in Texas and Oklahoma for flood control and other purposes as described in House Document Numbered 541, Seventy-fifth Congress, third session, with such modifications thereof as in the discretion of the Secretary of War and the Chief of Engineers may be advisable, is adopted and author- ized at an estimated cost of $54,000,000: Provided, That in the con- sideration of benefits in connection with the Denison Reservoir all benefits that can be assigned to the proposed Altus project and other such projects in Oklahoma shall be reserved for said projects. The Lugert-Altus Flood Control and Reclamation Reservoir located on the North Fork of the Red River in Oklahoma, is hereby authorized for construction at an estimated cost of $2,497,000, on the following basis as to a division of the cost of construction: (a) The Chief of Engineers shall report to the President on or before November 1, 1938, the value of said Lugert Reservoir as a flood control works, and the value so reported shall be the maximum amount herein authorized to be appropriated as a charge against any funds appropriated and available for the construction for flood con- trol projects. (b) The remainder of the estimated cost of such Lugert Reservoir, namely, the estimated total cost of the reservoir, less the amount reported by the Chief of Engineers as the value of said reservoir as a flood control project, is also hereby authorized to be appropriated out of the special fund in the Treasury of the United States created by the Act of June 17,1902 (43 U. S . C. 391, 411), and therein desig- nated "the reclamation fund" for the construction of said Lugert Reservoir for reclamation and irrigation as reported in Senate Docu- ment Numbered 153, Seventy-fifth Congress, third session, and as fur- ther authorized by the last paragraph on page 37 of Public Act Num- bered 497, Seventy-fifth Congress, third session, providing that the construction of said Lugert Reservoir and Altus reclamation project shall not be undertaken until the Chief of Engineers and the Secre- tary of the Interior join in an agreement as to the division of cost of the construction of the said reservoir as provided herein. The Government of the United States acknowledges the right of the States of Oklahoma and Texas to continue to exercise all existing pro- prietary or other rights of supervision of and jurisdiction over the 1219 Funds available. Federal Power Com- mission, authority over power project. Operation of im- provements at ex- pense of private par- ties. Red River Basin. Denison Reseroir. ProvLeo. Assignment of bene- fits. Lugert-Altus Flood Control and Reclama- tion Reservoir. Division of cost. Amount from fund for flood control pro- ects. Amount from ree- mation fund. 32 Stat. 388. 43U.8.C.ii391. 411. Ante, p. 324 Acknowledgment of certain State Iurisdia- tion.
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