Volume 69 · 698
Public Law 84–374
To authorize the Secretary of the Interior to execute a certain contract with the Toston Irrigation District. Montana.
Approved August 12, 1955
Statutory text
JOINT RESOLUTION
To authorize the Secretary of the Interior to execute a certain contract with the Toston Irrigation District. Montana.
Whereas there have been constructed certain irrigation distribution and pumping works for the Crow Creek pumping unit, Montana, as a part of the Missouri River Basin project (58 Stat. 887,891); and
Whereas said works were constructed, pursuant to special provisions contained in the Interior Department Appropriation Acts, 1949 and
1950, to furnish new lands with irrigation water in substitution for irrigated lands in Broadwater County, Montana, inundated by the operation of the Canyon Ferry Reservoir at a maximum normal pool elevation above three thousand seven hundred and sixty-six feet: and
Whereas the Toston Irrigation District has been organized under the laws of the State of Montana for the purpose of entering into contractual arrangements with the United States; and
Whereas the said district will probably be unable for some time to pay to the United States more than the cost of operating and maintaining said works, exclusive of charges for electrical pumping energy; and
Whereas the Congress expects said district to make every reasonable effort to expand its boundaries and otherwise to put itself in such financial shape that, upon the expiration of not more than ten years, it can assume its proper obligations under the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory
(hereof or supplementary thereto): Now, therefore,be it
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,
That the Secretary of the
Toston Irrigation District, Mont.
Interior is authorized to execute a contract with Toston Irrigation District which provides, among other things, that—
the district will pay to the United States each year the
Contract with United States.
full cost to the Government of operating and maintaining the works of the Crow Creek pumping unit during that year, exclusive of the cost of electrical pumping energy, said payment to be made, as far as the cost can be forecast by the Secretary or his duly authorized delegate, in advance and in not more than two installments;
the United States will deliver to the district, as far as conditions permit, water in sufficient, quantity to furnish two acre-feet per irrigated acre, measured at the farm turnouts, for use on the irrigable lands of the district;
the district will, in addition to the amounts specified under (a) above, pay to the United States such sums as may be required to cover the cost, including the cost of electrical pumping energy, of furnishing more than two acre-feet per irrigated acre as hereinbefore provided;
the district acknowledges and will cause each landowner to whom water is delivered to acknowledge that the contract confers upon it and them no right to the continued operation and maintenance of said works beyond the period during which it is in force unless, prior to the expiration thereof, the district shall have entered into a long-term contract conforming to the provisions of the Federal reclamation laws and that no permanent right to the use of water arises, attaches to their lands, or is claimed to arise or attach to their lands by virtue of the delivery of water through said works or the application to their lands of such water;
the district will comply fully with all provisions of the Federal reclamation laws which are not inconsistent with this Act and the contract executed pursuant to the authority contained herein; and
the contract shall, subject to the district’s compliance with all of its terms and conditions, continue in force until December 31, 1955, and shall be renewed automatically for each of the nine succeeding calendar years unless either of the parties shall, on or before November 1 of any year, serve written notice of its intention that the contract shall not be renewed.
Approved August 12, 1955.