Volume 68 · 472
Public Law 83–489
To credit the Shoshone Irrigation District with a share of the net revenues from the Shoshone powerplant, and for other purposes.
Approved July 14, 1954
Statutory text
AN ACT
To credit the Shoshone Irrigation District with a share of the net revenues from the Shoshone powerplant, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary
Shoshone Irrigation District, Wyo.
Powerplant revenue contract.
of the Interior is authorized, on behalf of the United States to enter into a contract with the Shoshone Irrigation District, Wyoming, containing appropriate provisions whereby—
the United States shall credit the district with the sum of $426,000 which sum shall be applied toward the payment of the annual construction payments of the district under its contract with the United States dated November 4, 1926, or any amendment thereof, as the same become due for the year 1954 and subsequent years until such credit is exhausted. Until such credit is exhausted the United States consents to the expenditure by the district of money collected by the district, as part of the district’s 1954 and subsequent budgets for the purpose of defraying annual construction payments to the United States, for such purposes of construction, reconstruction, rehabilitation, and operation and maintenance as may be approved by the appropriate State court in the manner provided by the applicable laws of the State of Wyoming;
the district relinquishes and releases any and all of its claims, demands, and causes of action against the United States, from whatever cause or for whatever reason arising, with respect to any revenues heretofore or hereafter realized from, or with respect to contol over, power facilities of the Shoshone Federal reclamation project heretofore or hereafter constructed, including the Shoshone power plant;
there are effected changes, modifications, and financial adjustments in the district’s contract with the United States dated November 4, 1926, to the extent required by a finding, based upon reclassifications of the lands of the Garland division, Shoshone Federal reclamation project, that thirty-five thousand nine hundred fifty and forty-four one-hundredths acres of the lands in said division are irrigable and that four hundred thirteen and six one-hundredths acres, formerly classified as irrigable, are now included in drain rights of way. Construction charges against the said four hundred thirteen and six one-hundredths acres shall continue to be included in the contractual obligation of the district and in the accounts of the Garland division, but the existing repayment contract of the district may be amended to relieve such lands from future assessment by the district. The provisions of this subsection shall be effective as of January 1, 1953;
the district’s obligation with respect to payment of its share of the cost of storage works of the Shoshone reclamation project is fixed at $340,500, which amount the district shall continue to pay, along with other portions of the construction charge obligation except as otherwise provided in this Act, in accordance with the terms and conditions of its contract of November 4, 1926, aforesaid; and
the district’s obligation under its contract of November 4, 1926, aforesaid, is reduced, to the extent that such reduction has not already been made, by that portion of the unexpended balances of construction charges heretofore authorized and duly announced or promulgated which the Secretary, taking account of all lands to which said charges were applicable when they were announced or promulgated, shall determine is the ratable share of those balances applicable to the irrigable lands of the district and to the lands of the district, formerly classified as irrigable, which are now included in drain rights of way as hereinbefore provided. No part of the cost of the Shoshone power-plant, its distribution system, or any appurtenant features of said powerplant shall be charged against the district or landowners therein.
Sec. 2.
The proviso affecting the application of net revenues of the Shoshone powerplant, as contained in the Act of March 4, 1929 (45 Stat. 1562, 1592), and the Act of April 9, 1938 (52 Stat. 210), are hereby modified to the extent necessary to permit $426,000 of the net revenues of the Shoshone powerplant to be applied compatibly with the provisions of this Act.
Sec. 3.
No landowner or entryman holding land found by the reclassifications aforesaid to be permanently unproductive shall be entitled to credit from, or refund by, the United States for construction or other charges which, prior to the effective date of subsection (c), section 1, of this Act, had been paid or become due and payable on account of such land. Any water right appurtenant to said lands which has been acquired under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof or supplementary
thereto) shall cease and the water supply heretofore used or required to satisfy such right shall be available for disposition by the Secretary under those laws, but the water users on the Garland division shall have a preference right to the use of such water.
Sec. 4.
If a contract in accordance with the provisions of subsections
Time limitation.
(a), (b), and (d) of section 1 of this Act shall not have been entered into within two years from the date of its enactment, the authority to enter into such a contract granted by this Act shall cease to be operative and shall be of no further force or effect.
Approved July 14, 1954.