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<br />001773
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<br />.43046
<br />
<br />"j,
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<br />(6) Owyhee Irrigation District, Gem
<br />.Irrigation Distrtct, Ridgeview Irrigation
<br />District, Advancement Irrigation Dis-
<br />_ trict, Payette-Oregon Slope Irrigation
<br />District. Crystal Irrigation District,
<br />Bench Inigation District, and Slide Irri-
<br />gation District, OWyhee Project, Idaho-
<br />Oregon, Act of June 23, 1952 (66 stat.
<br />152),'
<br />(7) Gering and Ft. Laramie Irrigation
<br />District, Goshen Irrigation District, and
<br />Pathfinder Irrigation Distrtct, North
<br />Platte Project, Nebraska-Wyoming. Act
<br />of July 17, 1952 (66 stat. 754).
<br />(8) Hermiston Irrmation District and
<br />'West Extension Irrigation District,
<br />Umatilla Project, Oregon, Act of JIDle 18,
<br />1954 (68 stat. 254) .
<br />(9) North Unit Irrigation District,
<br />Deschutes Project. Oregon, Act of Au-
<br />gust 10, 1954 (62 state 679).
<br />(10) American Falls Reservoir District
<br />No.2, Minidoka Project, Idaho._ Act of
<br />August 21, 1954 (68 stat. 762) .
<br />(11) .Black Canyon Irrigation District.
<br />Boise Project, Idaho, Act of August 24,
<br />1954 (68 Stat. 794).
<br />(12) Tulelake Irrigation District,
<br />Klamath Project, Callior_om-Oregon, Act
<br />of August 1, 1956 (70 stat. 799) .
<br />~ 426.4 Definitions.
<br />(a) Irrigable lands. the area to which
<br />.acreage limitations are applicable, is the
<br />net acreage possessing irrigated crop
<br />production potential, after excluding
<br />areas that are occupied by and currently
<br />used for homesites, farmstead buildings,
<br />and corollary permanent structures such
<br />as feed lots, equipment storage yards, and
<br />.similar faciUties. together with dedicated
<br />roads open for general unrestricted use
<br />by the public. Areas used for field roads,
<br />farm. ditches and drains, tail water ponds,
<br />temporary equipment storage, and other
<br />uses dependent on ope-rational require-
<br />m,tmts necessary to produce a specific
<br />crop, and subject to change at will, are
<br />included in the net irrigable acreage.
<br />(b) Nonexcess land is irrigable land
<br />beneficially held by one landowner that
<br />dOes not exceed the acreage permitted
<br />by statute. Unless otherwise authorized
<br />by statute, nonexcess land is 160 irrlgable
<br />acres in the beneficial ownership of one
<br />'individual or entity, or 320 acres owned
<br />'jointly by husband and wife.
<br />(0) Designated nonexcess is the land of
<br />an excess landowner which has been
<br />selected to be eligible to receive project
<br />water as his nonexcess land.
<br />(d) Excess land is iITigable land served
<br />with water from any federal project
<br />under reclamation laws, exclusive of
<br />~xempt acreage, beneficially held by one
<br />landowner which exceeds the statutory
<br />Unlit of acreage; i.e., which is in excess
<br />of that acreage which is nonexcess.
<br />(e) Exempt land is that area of pri-
<br />vately owned irrigable land to which the
<br />acreage limitation provisions do not
<br />apply. Exempt status may be based on
<br />the following: (1) Statutory exemptions.
<br />(l) Projects are listed in i 426.3(b) (1).
<br />(11) Contracts in ~ 426.3 (f) provide ex-
<br />emption when constr uction Charges are
<br />'fully paid out. (2) Exemptions based on
<br />'determination by the Secretary, upon
<br />
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<br />
<br />~:.
<br />
<br />~!~.
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<br />PROPOSED RULES
<br />
<br />payout of construction charges, that a
<br />general pattern of family-size ownership
<br />has developed (Sol. Cp. M-36634, 68 1.0.
<br />372. 400-401, Note 73 (1961)).
<br />(f) Secretary or contracting officer-:
<br />shall mean the Secretary of the Interior .
<br />or his duly authorized representative.
<br />(g) District shall mean any entity
<br />which h"" contracted with the United
<br />States for a water supply.
<br />(h) Family relationships are persons
<br />in a direct lineal descendant relationship
<br />(na.tural or adopted), and their spouses.
<br />(1) Date of initial availability of water
<br />shall mean the date that project water
<br />becomes available to an irrigation block
<br />as determined by the Secretary.
<br />(j) A resident owner is a landowner
<br />who has his or her principal place of
<br />residerice either on land receiVing water
<br />from a Federal project governed by rec-
<br />lamation law. or in the 'neighborhood of
<br />land receiving water from such a project
<br />as determined by the Secretary. '
<br />(k) Neighborhood of the land is an
<br />area comprised of a maximum 50-mile
<br />radius from the particular tract of land
<br />receiving water from a Federal project
<br />governed by reclamation law. The Secre-
<br />tary may reduce the maximum radius
<br />depending upon local conditions, wher~
<br />he determines that such reduction is
<br />appropriate to encourage family farm-
<br />ing and the landowner's occupancy of
<br />the land benefited by the project-.
<br />(]) Eligible nonexcess owner is an in-
<br />dividual who (1) has his or her principal
<br />place of residence on or iI:l.the neighbor-
<br />hood of the land or who has under oath
<br />stated his or her intent to establish such
<br />principal place of residence within three
<br />years of acquisition of the land; (2) will
<br />not, after the acquisition, be the owner
<br />of more than 160 acres _ of land which
<br />receives water from any Federal project
<br />governed by reclamation law; and (3)
<br />has met all other requirements of recla-
<br />mation law and these rules.
<br />(m) Project. water is water that is
<br />furnished by or through Federally
<br />financed facilities to a District pursuant
<br />to a water service or repayment con-
<br />tract with the United States.
<br />(n) Nonproject water is water from
<br />any other source to which the District
<br />has an appropriative right.
<br />(0) Commingled water is that water
<br />comprising project and nonproJect water
<br />delivered by or through a nonfederally
<br />constructed facility. If project and non-
<br />project water is delivered by or through
<br />federally financed facilities, the non-
<br />project water sha)l ~ considered project
<br />water and the acreage limitation and
<br />other requirements of Reclamation law
<br />shall apply, to the users of such water.
<br />(p) Class I equivalency for purposes
<br />of applying the class I equivalency in
<br />determining nonexcess acreage entitle-
<br />ment on those projects for_ which class
<br />1 equivalency has been authorized, class
<br />1 irrigable land is that arable land which
<br />.under a plan of essentially full wate;
<br />supply has the physical capability neces-
<br />sary - for sustained long-term irrigation
<br />production; ,and, on the basis of both
<br />physical and economic land classifica-
<br />tion criteria applicable within the cli-
<br />matic limitations of each project, is de.'
<br />
<br />termlned by the Secretary of the In-
<br />terior to have adequate income potential
<br />to support a family and pay water
<br />charges when irrigated in farm units
<br />of 160 acres or less.
<br />(q) Benefl.cbil owner of land is the
<br />~ntity d~riving the benefit of ownership
<br />urespect1ve of the owner of record. '-
<br />(r) A recordable contract is a docu-
<br />ment wherein the landowner agrees to
<br />sell his designated excess lands Upon
<br />terms and conditions ~atisfactory to the
<br />Secretary and at prices not to exceed
<br />those fixed by the Secretary in order
<br />to receive project water for those ex-
<br />cess lands. The contract must be
<br />recorded in the land records of the
<br />county in which the land is situated.
<br />
<br />~ 426.5 Deliveries of project water to
<br />excess land under special circunt~
<br />stances.
<br />
<br />The following circumstances permit
<br />delivery of water to excess land.
<br />(a) Recordable contract.-(l) Excess
<br />land may receive project water only if
<br />the owner, under terms and conditions
<br />satisfactory to the Secretary, executes a
<br />valid recordable contract for the sale of
<br />that land to a nonexcess owner. The sale
<br />price must not reflect value that can be
<br />attributed to the construction of the pro-
<br />ject. No excess land may become eligible
<br />to receive water by the execution of a
<br />recordable contract unless such excess
<br />land was, on the date of initial avail-
<br />abUlty of water to the district. owned by
<br />the landowner requesting execution of
<br />the recordable contract. In cases where
<br />project water is made available to land
<br />through temporary -diversion facilities
<br />provided by the landowner, the Secre-
<br />tary may establish the date of initial
<br />availability of water for that land at the
<br />date of such temporary diversion.
<br />(2) Recordable contracts shall provide
<br />that-: (1) The landowner shall dispose of
<br />his excess land at an approved price to
<br />an eligible nonexcess owner within 5
<br />years, except that the disposition period
<br />of existing recordable contracts or speci-
<br />fied in existing water service or rep~y-
<br />ment contracts shall remain unchanged.
<br />Unless otherwise specified in a district's
<br />contract entered into prior to the pro-
<br />mulgation of these regulations, the re-
<br />cordable contract periOd shall begin at
<br />the date of initial availability of water.
<br />(ii) If the disposition of the land is not
<br />completed by the end of the required pe-
<br />riod, irrevocable power of attorney vests
<br />in the Secretary as attorney in fact for
<br />the landowner to sell the lands under
<br />such conditions as are deemed suitable by
<br />the Secretary. (lii) Prior to maturity of a
<br />recordable contract, excess land may
<br />with approval of the contracting officer'
<br />be withdrawn from contract coverag~
<br />and redesignated nonexcess: Provided
<br />That an equal acreage of land thereto~
<br />fore designated nonexcess is substituted
<br />and becomesl subject to all the terms of
<br />the recordable contract as through it
<br />were originally includ~d therein. (iv)
<br />Recordable contracts shall-not terminate
<br />until the sale of the land is consummated
<br />as approved -by the Secretary.
<br />(b) Involuntary acquisition 01 excess
<br />land.-Project water may be delivered
<br />
<br />FEDERAL REGISTERt VOL. 42, NO. 165-THURSDAY, AUGUST 25, 1977
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