§ 221.19 Maximum and minimum charge.

The maximum assessment for water delivered to any farm unit, allotment or tract shall not exceed $3 per acre for the entire irrigable area, and no assessment for water delivered shall be less than $5 for the season.

§ 221.20 Payment.

The charges as fixed in §§ 221.16 and 221.17 shall become due on April 1 of each year, and are payable on or before that date. To all charges assessed against lands in non-Indian ownership and Indian lands under lease to non-Indian lessees which are not paid on or before July 1 of each year following the due date there shall be added a penalty of one-half of 1 percent per month or fraction thereof from the due date, April 1, so long as the delinquency continues. No water shall be delivered until such charges have been paid; except that Indian water users who are financially unable to pay the assessment on the due date may be furnished water, provided the Superintendent of the reservation certifies to the Project Engineer or other official in charge of the project that such Indian is not financially able to pay the assessment, or has made satisfactory arrangement to pay the assessments from proceeds of crops or from other sources. Penalty interest charges shall not be assessed against lands owned by an Indian water user, nor against Indian lands under lease to an Indian lessee.

[24 FR 4030, May 19, 1959]

§ 221.21 State-owned land.

In the case of lands belonging to the State of Montana, where water service is requested by lessees, delivery will be made upon payment in advance by the lessee of the same minimum charge and at the same rates, and under the same regulations, as are in force for other lands in the same general area that are not included in the irrigation districts.

§ 221.22 Apportionment of water.

If at any time during the irrigation season when it shall appear, in the judgment of the project engineer, that

there shall not be sufficient water available to deliver the amount specified under the minimum assessn:ents provided for in §§ 221.16 to 221.19, inclusive, to the entire assessable irrigable area for which application for delivery of water has been made and approved, then the project engineer shall reduce such amounts to the extent that there shall, in his judgment, be sufficient water available to make proportionate delivery to each farm unit, allotment, or tract, and when any farm unit, allotment, or tract shall have had delivered to it the amount so fixed, it shall not be entitled to further delivery of water except when it shall appear that there is a surplus of water available: Provided, That, for those tracts located in the Mission Valley and Camas divisions of the Flathead irrigation project only, after an agreement has been reached between a landowner and the project engineer as to duty of water on individual tracts where the landowner claims excess requirements on account of porous or gravelly soils, the project engineer may, pending further order, increase the quantity of water to be delivered under the minimum assessment to such porous or gravelly tract, provided it shall not exceed 4 acre-feet of water per acre per season for the assessable irrigable area of the farm unit, allotment or tract.

FLATHEAD IRRIGATION DISTRICT, FLATHEAD INDIAN RESERVATION, MONTANA § 221.24 Charges.

Pursuant to a contract executed by the Flathead Irrigation District, Flathead Indian Irrigation Project, Mont., on May 12, 1928, as supplemented and amended by later contracts dated February 27, 1929, March 28, 1934, August 26, 1936, and April 5, 1950, there is hereby fixed for the season of 1978 an assessment of $550,607.19 for the operation and maintenance of the irrigation system which serves that portion of the project within the confines and under the jurisdiction of the Flathead Irrigation District. This assessment involves an area of approximately 88,097.15 acres, which does not include any land held in trust for Indians and covers all

proper general charges and project overhead.

(5 U.S.C. 301; secs. 463, 465, Revised Statutes (25 U.S.C. 2 and 9)) [42 FR 41116, Aug. 15, 1977]

§ 221.25 Payment.

The assessment fixed in § 221.24 shall become due and payable one-half on or before February 1, in advance of the delivery of water for that season, and the remainder on or before July 1. Payment shall be made by the irrigation district to the United States through the Office of Flathead Indian irrigation project, St. Ignatius, Montana.

[22 FR 10650, Dec. 24, 1957]

§ 221.25a General regulations.

The Flathead irrigation district shall comply fully with the general rules and regulations applicable to the areas included in the irrigation districts on the Flathead irrigation project approved by the Secretary of the Interior on June 5, 1937, as contained in Part 195 of this chapter.

[22 FR 10650, Dec. 24, 1957]

MISSION IRRIGATION DISTRICT, FLATHEAD INDIAN IRRIGATION PROJECT, MONTANA

§ 221.26 Charges.

Pursuant to a contract executed by the Mission Irrigation District, Flathead Indian Irrigation Project, Mont., on March 7, 1931, approved by the Secretary of the Interior on April 21, 1931, as supplemented and amended by later contracts dated June 2, 1934, June 6, 1936, and May 15, 1951, there is hereby fixed, for the season of 1978 an assessment of $97,448.34 for the operation and maintenance of the irrigation system which serves that portion of the project within the confines and under the jurisdiction of the Mission Irrigation District. This assessment involves an area of approximately 16,241.39 acres, which does not include any land held in trust for Indians and covers all proper general charges and project overhead.

(5 U.S.C. 301; secs. 463, 465, Revised Statutes (25 U.S.C. 2 and 9))

[42 FR 41116, Aug. 15, 1977]

§ 221.27 Payment.

The assessment fixed in § 221.26 shall become due and payable, onehalf on or before February 1, in advance of the delivery of water for that season, and the remainder on or before July 1. Payment shall be made by the irrigation district to the United States through the Office of Flathead Indian irrigation project, St. Ignatius, Montana.

[22 FR 10651, Dec. 24, 1957]

§ 221.27a General regulations.

The Mission irrigation district shall comply fully with the general rules and regulations applicable to the areas included in the irrigation districts on the Flathead irrigation project approved by the Secretary of the Interior on June 5, 1937, as contained in Part 195 of this chapter.

[22 FR 10651, Dec. 24, 1957]

JOCKO VALLEY IRRIGATION DISTRICT, FLATHEAD INDIAN IRRIGATION PROJECT, MONTANA

§ 221.28 Charges.

Pursuant to a contract executed by the Jocko Valley Irrigation District, Flathead Indian Irrigation Project, Mont., on November 13, 1931, approved by the Secretary of the Interior on February 26, 1935, as supplemented and amended by later contracts dated August 26, 1936, April 18, 1950, and August 24, 1967, there is hereby fixed for the season of 1978 an assessment of $45,201.30 for the operation and maintenance of the irrigation system which serves that portion of the project within the confines and under the jurisdiction of the Jocko Valley Irrigation District. This assessment involves an area of approximately 7,471.29 acres, which does not include any lands held in trust for Indians and covers all proper general charges and project overhead.

(5 U.S.C. 301; secs. 463, 465, Revised Statutes (25 U.S.C. 2 and 9))

[42 FR 41116, Aug. 15, 1977]

Pursuant to the provisions of the Acts of August 1, 1914, and March 7, 1928 (39 Stat. 583, 45 Stat. 210; 25 U.S.C. 385, 387), the basic annual charges for operation and maintenance against the irrigable lands to which water can be delivered under the constructed works of the Fort Belknap Indian Irrigation Project in Montana are hereby fixed for calendar year 1969 and each succeeding year until further order (a) for the Milk River and White Bear Units, including lands under pumping contract with the Fort Belknap Indian Irrigation Project, at $2.65 per acre against lands in Indian ownership not under lease to a non-Indian, and at $5.17 per acre against lands in non-Indian ownership and lands in Indian ownership under lease to a non-Indian; (b) for the Three Mile Unit at $3.20 per acre against lands in Indian ownership not under lease to a non-Indian, and at $5.72 per acre against lands in nonIndian ownership and lands in Indian ownership under lease to a non-Indian; and (c) for the Brown Unit at $2 per acre for Indian and non-Indian owned

lands; and (d) for the Peoples Creek (Hays) and Ereaux Units at $2 per acre for Indian and non-Indian owned lands.

[34 FR 5548, Mar. 22, 1969]

§ 221.31 Payment.

(a) The annual charges fixed in § 221.30 shall become due on April 1 of each year, are payable on or before that date, and any assessment remaining unpaid after the due date shall stand as a first lien against the land. Any delinquent charges against land in non-Indian ownership and Indian lands under lease to non-Indians shall be subject to a penalty of one-half of 1 percent per month or fraction thereof from the due date until paid.

(b) The delivery of water shall be refused to all tracts of land for which the charges have not been paid when due, except where the lands are in Indian ownership, not under lease to non-Indians, and the Indian owners shall have made the necessary arrangements with the superintendent as hereafter provided. When any Indian owner of land not under lease to a non-Indian is financially unable to pay the operation and maintenance charges on the due date from cash on hand, the superintendent may make the necessary arrangements with such Indian owner as will permit him to perform labor on the irrigation project works, the proceeds derived therefrom to be applied in partial payment of such charges. The superintendent may also make necessary arrangements for such Indian owner to pay the operation and maintenance charges from the proceeds of the crops grown on the land when harvested and marketed within that calendar year, provided written statements to that effect are furnished the superintendent by the Indian owner on or before the due date.

(c) In any instance where the superintendent is convinced that an Indian landowner, whose land is not under lease to a non-Indian, is financially unable to pay his operation and maintenance charges from proceeds of labor performed on the project works, or from the proceeds of the crops being grown on the land, or from any

other source, the delivery of water may be continued if a written certificate is issued by the superintendent stating that such Indian is not financially able to pay such charges and copies thereof forwarded to the Commissioner of Indian Affairs for approv

al or rejection. In such cases the unpaid charges shall be entered on the accounts and will stand as a first lien against the land until paid but without penalty for delinquency.

122 FR 10651, Dec. 24, 1957]

221.31a Water users responsible for water after delivery.

It is the duty of the Indian Irrigation Service to furnish available water for beneficial irrigation use only. It is the duty of all water users of the project to aid in the prevention of the waste of water and 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 of proper capacity and in suitable condition for the use of economical heads of water.

[22 FR 10651, Dec. 24, 1957]

FORT HALL INDIAN IRRIGATION PROJECT,

IDAHO

EFFECTIVE DATE NOTE: At 44 FR 12191, Mar. 6, 1979, §§ 221.32-221.35 were removed, effective Apr. 5, 1979.

§ 221.32 Basic and other water charges.

(a) In compliance with the provisions of the Acts of March 1, 1907, (34 Stat. 1024), and August 31, 1954 (68 Stat. 1026), the annual basic water charges for the operation and maintenance of the lands in non-Indian ownership and Indian-owned lands leased to a non-Indian or a non-member of the Shoshone-Bannock Tribe of the Fort Hall Indian Reservation, Idaho, to which water can be delivered for irrigation are hereby fixed for the calendar year 1977 and subsequent years until further notice as follows:

(1) Fort Hall project:

Basic rate

$12.50 per acre

(2) Michaud division, Fort Hall project Basic rate

$16.75 per acre Additional rate for sprinkler irrigation when pressure is supplied by the project $6.25 per acre

(3) Minor units, Fort Hall Reservation: Basic rate

$10.00 per acre

(b) In addition to the foregoing charges, there shall be collected a minimum charge of $5 for the first acre or fraction thereof on each tract of land for which operation and maintenance bills are prepared. The minimum bill issued for any area will, therefore, be the basic rate per acre plus $5.

[42 FR 10846, Feb. 24, 1977]

§ 221.33 Payments.

The assessments fixed in § 221.32 shall become due on April 1 of each year, and are payable on or before that date. To all assessments against lands in non-Indian ownership, and against lands in Indian ownership which do not qualify for free water under § 221.34, remaining unpaid on or after July 1 following the due date, there shall be added a penalty of one and one half percent per month or fraction thereof, from the due date until paid. No water shall be delivered to any of these lands until the entire irrigation charges have been paid. To qualify Indian owned leased lands for exemption under § 221.34, an approved lease must be on file at the Fort Hall Agency.

[40 FR 4306, Jan. 29, 1975]

§ 221.34 Lands owned by Indians that are not subject to assessments.

When lands owned by members of the Shoshone-Bannock Tribe of Indians of the Fort Hall Indian Reservation are leased to non-Indians or nonmembers of the tribe such leased lands are not subject to operation and maintenance assessments for three years. The three years that the land is not subject to assessment need not run consecutively. When the land has been leased for a total of three years, whether consecutively or at intervals, the lands thereafter, when under lease to non-Indians or non-members of the tribe, are subject to operation and

maintenance assessments the same as lands in non-Indian ownership and lands owned by non-members of the tribe within the project. (See Solicitor's Opinion M28701, approved September 24, 1936, and the instructions of September 19, 1938, approved September 24, 1938, and instructions of December 1, 1938, approved December 17, 1938.)

[27 FR 5094, May 30, 1962)

§ 221.35 Lands owned by Indians that are subject to assessment.

Lands owned by members of the Shoshone-Bannock Tribe of Indians of the Fort Hall Indian Reservation which are under lease to non-Indians or non-members of the tribe shall not be entitled to water without the payment of operation and maintenance assessments as prescribed in § 221.33, except where water is to be furnished as authorized by § 221.34.

[27 FR 5094, May 30, 1962]

FORT PECK INDIAN IRRIGATION PROJECT,

MONTANA

§ 221.38 Charges.

(a) On that part of the Big Porcupine Unit that is under the service area of the Big Porcupine or Wiota pumping plant, water, when available, will be furnished to all irrigable nonIndian lands and to all Indian lands leased to non-Indians, to which delivery of water can be made, during the 1971 irrigation season and thereafter until further notice, at a minimum rate of $4.50 per acre per annum whether water is used or not. Payment of the minimum rate entitles the water user to the delivery of 2 acrefeet of water per acre of irrigable land included in each farm unit or allotment. Any additional water delivered shall be charged for at the rate of $2.25 per acre-foot or fraction thereof for the first additional acre-foot, $2.25 per acre-foot or fraction thereof for the second additional acre-foot and $2.25 per acre-foot or fraction thereof for water delivered in excess of the second additional acre-foot.

(b)(1) For Indian land farmed by the Indian owner or leased and farmed by Indians, under that part of the Big

Porcupine Unit that is within the service area of the Wiota pumping plant, water, when available, will be furnished during the 1971 season and until further notice at a minimum rate of $4.50 per acre per annum for the entire irrigable area included in the allotment whether water is used or not. Payment of the minimum rate entitles the Indian water user to the delivery of 2 acre-feet of water per acre included in the allotment. Any additional water delivered shall be charged for at the rate of $2.25 per acre-foot or fraction thereof for the first additional acre-foot, and $2.25 per acre-foot or fraction thereof for the second additional acre-foot, and $2.25 per acrefoot or fraction thereof for water delivered in excess of the second additional acre-foot.

(2) For all irrigable lands situated adjacent to and outside of that part of the Big Porcupine Unit that is under the service area of the Big Porcupine Unit or Wiota pumping plant, surplus water, when available and not required for irrigation of lands within the Big Porcupine Unit, will be furnished at the flat rate of $3 per acrefoot. Water measurement and delivery thereof will be made at the project limits.

(c) On the Frazer-Wolf Point Unit (comprising all irrigable lands supplied with water from the Little Porcupine Reservoir and the Frazer pumping plant) water, when available, will be furnished to all irrigable non-Indian lands and to all irrigable Indian-owned allotments leased to non-Indians (whether subjugated or not) to which delivery of water can be made during the 1971 irrigation season and until further notice at a minimum rate of $4.50 per acre per annum whether water is used or not. Water, when available, will be furnished at a like minimum rate for the irrigable area for all subjugated Indian-owned allotments to which delivery of water can be made. Payment of the minumum rate entitles the water user to the delivery of 2 acre-feet of water per acre of irrigable land included in each farm unit or allotment. Any additional water delivered shall be charged for at the rate of $2.25 per acre-foot or frac