Page:United States Statutes at Large Volume 71.djvu/626

This page needs to be proofread.
[71 Stat. 590]
PUBLIC LAW 000—MMMM. DD, 1957
[71 Stat. 590]

590

PUBLIC LAW 85-264-SEPT. 2, 1957

[71 S T A T.

Public Law 85-264 September 2, 1957

[s. 1482]

Columbia B a s i n ^ Project Act,

^"iTuscTs^asa

AN

ACT

(JIQ amend certain provisions of the Columbia Basin Project Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 2 (^^ (^") °^ ^^^^ Columbia Basin Project Act (57 Stat. 14), as amended, is hereby repealed and the following is substituted therefor: "(iii) Water shall not be delivered from, through, or by means of the project works to or for lands not conforming in area and boundaries to the farm units covering the lands involved. Water may be delivered to one or more farm units held by any one landowner (a) which, taken together, comprise not more than one hundred and sixty irrigable acres, or (b) in the case of a nominal quarter section comprising more than one hundred and sixty irrigable acres referred to in subdivision (i) of subsection (b) of this section, which comprise the acreage contained in such quarter section: Provided, That water may be delivered to one or more farm units comprising a total irrigable area of not more than three hundred and twenty acres held by members of a family: Provided further, That notwithstanding any other provision of this Act, water shall not be delivered (1) to more than one farm unit held by any one ow'iier or family on September 1, 1957, except that, in the case of land held by one having equitable or legal title on May 27, 1937, or by the heir or devisee of such owner, delivery may be made to farm units comprising not more than one hundred and sixty irrigable acres or a nominal quarter section, or (2) to any excess lands disposed of after September 1, 1957, which are reacquired (otherwise than in the circumstances set forth in the proviso to section 2(b) (iv) of this Act) by the present owner or a member of his family within five years from the date of their disposition, or which are reacquired by the present owner or a member of his family at any time pursuant to any contract, arrangement, or understanding (other than a bona fide security transaction) made in connection with or as an incident to their disposition, or in which the owner or any member of his family retains any interest (except a bona fide security interest) or from which he or any member of his family derives any profit or advantage after their disposition." (b) Section 2(b) (iv) of said Act is hereby repealed and the following is substituted therefor: "(iv) Lands within the project held by any landowner in excess of the farm unit or units to which water may lawfully be delivered as provided in subdivision (iii) of this subsection shall be deemed excess land: Provided, That if excess land is acquired by foreclosure or other process of law, by conveyance in satisfaction of mortgages, by inheritance or by devise, water therefor may be furnished temporarily for a period not exceeding five years from the effective date of such acquisition, delivery of water thereafter ceasing until the transfer thereof to a landowner duly qualified to secure water therefor." (c) Section 2(b)(v) of said Act is hereby repealed and the following is substituted therefor: "(v) As used in this Act, the terms 'owner', 'landowner', and 'any one landowner' denote any person, corporation, joint-stock association; the term 'family' denotes a group consisting of either or both husband and wife, together with their children under eighteen years of age, or all of such children if both parents are dead; the term 'their children' includes the issue and lawfully adopted children of either or both husband and wife; and the term 'lands within the project' denotes those lands within the boundaries of the existing Columbia