The construction program has been completed on the Wapato-Satus Unit of the Wapato Indian Irrigation Project, and the construction costs have been established by Designation Report dated August 1962 as $7,903,823.12 for the project and $1,499,073.62 for the "B" lands share of the construction costs in the Bureau of Reclamation reservoirs on the Yakima River. The area benefited by this development has been established at 136,559.59 acres divided into 79,025.68 acres of "A" land and 57,533.91 acres of "B" land. Under the requirements of the acts of February 14, 1920 (41 Stat. 409), and March 7, 1928 (45 Stat. 210), these costs are to be repaid to the United States Treasury by the owners of the lands benefited. § 218.2 Repayment of construction costs. The cost per acre of the construction under § 218.1 is, therefore, calculate at $57.8782 for "A" lands and $83.933 for "B" lands in non-Indian ownershi as established by Designation Repor dated August 1962. Under the provi sions of the acts cited in § 218.1 th annual per acre assessment for forty equal annual payments, is hereb fixed at $1.45 per acre for "A" land and $2.10 per acre for "B" lands fo the year 1962 and each succeeding year, until the entire cost for each tract shall have been repaid to the United States Treasury. On those tracts where payments have beer made pursuant to uncodified special regulations, annual assessments begin ning with the year 1962 at the rate of $1.45 per acre for "A" lands and $2.10 per acre for "B" lands will be made until the entire cost of $57.8782 per acre for "A" lands and $83.9337 per acre for "B" lands shall have been repaid to the United States Treasury. Landowners may pay at any time the total of the then remaining indebtedness. Under the act of March 10, 1928 (45 Stat. 210), the unpaid charges stand as a lien against the lands until paid. § 218.3 Payments. Payments are due on December 31 of each year and shall be made to the official in charge of collections for the project. § 218.4 Deferment of assessments on lands remaining in Indian ownership. In conformity with the act of July 1, 1932 (47 Stat. 564; U.S.C. 386(a)), no assessment shall be made on behalf of construction costs against Indianowned land within the project until the Indian title thereto has been extinguished. § 218.5 Assessments after the Indian title has been extinguished. Indian-owned lands passing to nonIndian ownership shall be assessed for construction costs and the first assessment shall be due on December 31 of the year that the Indian title is extinguished. The construction costs against this land will be established as provided by section 5 of the act of September 26, 1961 (75 Stat. 680). The annual per acre assessment rate will be determined by dividing the established construction cost per acre into forty equal payments. "B" lands will also be assessed for reservoir construction costs in the annual per-acre rate as established in the Designation Report dated August 1962. Assessments against this land will continue until the entire established construction costs shall have been repaid to the United States Treasury. Landowners may pay at any time the total of the then remaining indebtedness. Under the act of March 10, 1928 (45 Stat. 210), the unpaid charges stand as a lien against the lands until paid. 30-055 0 - 78 - 31 AUTHORITY: Secs. 1, 3, 36 Stat. 270, 272, as amended; 25 U.S.C. 385, unless otherwise noted. AHTANUM INDIAN IRRIGATION PROJECT, WASHINGTON SOURCE: §§ 221.1 to 221.5a appear at 22 FR 10647, Dec. 24, 1957, unless otherwise noted. § 221.1 Charges. The operation and maintenance rates on lands of the Ahtanum Indian Irrigation Project, Yakima Indian Reservation, Washington, for the Calendar Year 1977 and subsequent years until further notice, is hereby fixed at $5.25 per acre per annum for each irrigable acre of land to which water can be delivered from the project works. (Acts of Aug. 1, 1914 (38 Stat. 583), and Mar. 7, 1928 (45 Stat. 210)) [41 FR 45562, Oct. 15, 1976] § 221.2 Time of payment. The charges as fixed in this part shall become due April 1 of each year, and are payable on or before that date. To all the charges assessed against owners of patent in fee lands not paid on July 1 of the year in which they fall due, there shall be added a penalty of one and one-half percent per month, or fraction thereof, from April 1 of that year, so long as the delinquency continues. [40 FR 4306, Jan. 29, 1975] § 221.3 Deliveries to fee owners. No water shall be delivered to patent in fee landowners, until at least 50 percent of the current year's charges assessed in this part is paid, and water delivery shall not be continued after July 1, unless the total charges for the year shall have been paid. § 221.4 Deliveries to Indian farmers. No water shall be delivered to Indians farming their own land, until the charges are paid to the Indian Irrigation Service as required of patent in fee owners in § 221.3, or until the superintendent of the reservation shall have issued a certificate to the project engineer certifying that the Indian will pay such charges through the superintendent or that such Indian is fi nancially unable to pay the charge, and such unpaid charges shall be entered on the accounts as a first lien against the land without penalty. § 221.5 Deliveries to lessees. No water shall be delivered to lessees of Indian lands or non-Indian lands, until the lessee shall have paid as required in the case of patent in fee owners, § 221.3. Or, in cases where the terms of the lease provide that the landowner shall pay the operation and maintenance charges from the lease rental, no water shall be delivered until the superintendent of the reservation shall have furnished the proj ect engineer a certificate stating that the lessee has fully complied with all the terms of the lease. § 221.5a Water users responsible for water after delivery. It is the duty of the Indian Irrigation Service to furnish water for beneficial irrigation use only. It is the duty of all water users, as designated in §§ 221.3-221.5, to assist in the preven tion of waste and the prevention of damage to adjacent lands. The water users are responsible for the water after it has been delivered to their lands and are required to have their field ditches in suitable condition and of proper capacity to permit the use of economical heads of water. COLORADO RIVER INDIAN IRRIGATION PROJECT, ARIZONA § 221.6 Charges. Pursuant to the provisions of the Acts of Congress approved August 1, 1914, and March 7, 1928 (38 Stat. 583, 45 Stat. 210; 25 U.S.C. 385-387), the annual basic charge against the land to which water can be delivered under the Colorado River Indian Irrigation Project in Arizona, for the operation and maintenance of that project, is hereby fixed at $14 per irrigable acre, whether water is used or not. Payment of this charge will entitle the water user to, but not in excess of, 8 acrefeet of water per acre per annum on certain sandy areas as described in a schedule on file at the Colorado River Indian Agency, and available for in |