Page:United States Statutes at Large Volume 60 Part 1.djvu/362

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60 STAT.] 79TH CONG. , 2D SESS.-CH. 516-JUNE 28, 1946 335 under the Crow irrigation project on the Little Big Horn River watershed in which the irrigation districts shall agree to repay to the United States the proportionate share chargeable to the non-Indian lands within the districts of the reimbursable cost of construction of the Willow Creek storage works not to exceed $210,726. The con- tracts with the districts shall provide for delivery by the Secretary or his duly authorized representative to lands within the irrigation districts of the proper share of the waters stored by the Willow Creek storage works, for the repayment of such construction charges on a per-acre basis in equal annual installments over a forty-year period without interest, and for the payment on a per-acre basis of the pro- portionate share chargeable to the lands within the district of the cost of the annual operation and maintenance of the Willow Creek storage works. The contracts shall provide that the United States shall have no lien on the lands included within the irrigation districts for the repayment of the share of the construction cost of the Willow Creek storage works to be paid by the irrigation districts under the contracts. In the event of the failure of the districts to fulfill their obligations of contracts with the United States before entire repayment of the construction charges shall have been completed under the contract, all unpaid portions of such construction charges shall again become charges against the lands within the districts and the United States shall again have a first lien on the lands for the repayment of such charges remaining unpaid. The contracts may provide that if during any year the operation of the Willow Creek storage works is so affected in any way, except by lack of adequate precipitation, that no delivery of storage waters can be made to lands within the irrigation districts, the payments by the districts of construction charges shall be sus- pended, and that upon resumption of operation the payment of annual construction charges shall also be resumed until the total charges fixed by the contracts shall have been paid. If the irrigation districts at any time shall fail to pay the construction or operation and main- tenance charges as provided in the contracts, the Secretary of the Interior shall not deliver any stored waters from the Willow Creek storage works to lands within the districts until the districts shall have complied with the provisions of the contracts. Until such time as the irrigation district or districts shall execute a contract as herein provided for, the lands within said district or districts shall not be liable for either the construction or operation and maintenance charges of the Willow Creek storage works, nor shall such lands be entitled to any benefits from said storage works, either by the direct use of the stored water or by substituted water, except as authorized by section 8 of this Act. SEC. 5 . The Secretary of the Interior may enter into contracts with Lile te Hdo non-Indians owning lands on the Little Big Horn River watershed vate itces. under private ditches which have been constructed prior to the date of approval of this Act, in which, on the same terms and conditions as are contained in the contracts entered into pursuant to section 4, such owners shall agree to the repayment of their proper propor- tionate share of the reimbursable cost of construction and the cost of operation and maintenance of the Willow Creek storage works, and the Secretary shall agree to deliver water to their ditches. The covenants of each such contract shall run with the land, and the con- tract shall provide for a first lien in favor of the United States for the repayment of such construction and operation and maintenance charges. Each owner shall be privileged to pay in full at any time his pro rata share of the construction cost. The Secretaryshall not enter into any contract pursuant to this section after five years have elapsed from the date of approval of this Act. The Secretary shall also