Irrigation District with which the Government has a contract for repayment of the construction cost dated November 14, 1932. Over 90 per cent of the project construction and operation and maintenance charges due to date has been paid.

There is need of additional storage to provide a supplemental water supply upon the lands in this district as for many years the water users have been confronted with threatened losses because of an inadequate supply.

The proposed Alamogordo storage reservoir on the Pecos River will augment the stored supply for the lands in that district, which are solely dependent upon Pecos River water.

It is also proposed to line with concrete certain existing canals or parts of canals on the Carlsbad project. The concrete lining of such canals will serve to decrease seepage losses and will tend to conserve the water supply.

Studies which have been made by the Bureau of Reclamation indicate that the water supply is adequate for the proposed reservoir; that the construction of the proposed dam is feasible from an engineering standpoint; and that the dam can be built and the proposed lining of canals can be accomplished within the cost of $2,500,000, which the Carlsbad Irrigation District is to agree to pay, so far as expended by the United States.

In an established irrigation community such as this, there is little danger of an inflationary movement in land prices, resulting in sales to outsiders at rising prices, so that the new buyers would be unable to pay for their land and meet the construction charges.

It is contemplated that the improved water supply which would be afforded by the proposed Alamogordo storage reservoir will be utilized only as a supplementary supply for the 25,055 acres of irrigable area of the existing Carlsbad project.

I find that the project is feasible, that the land watered thereby is adaptable for actual settlement and farm homes, and that the landowners benefited by the project will be able from the agricultural produce of the lands irrigated by the reservoir to return the cost of the development to the United States.

I recommend that the project be approved and that necessary authority be issued to this Department to make contracts for the construction of the project and to proceed with the work.

Sincerely yours,

(Signed) HAROLD L. ICKES, Secretary of the Interior.

Approved November 6, 1935.

(Signed) FRANKLIN D. ROOSEVELT,

President.

[Extract from] An act amending previous flood-control acts and authorizing certain preliminary examinations and surveys for flood control, and for other purposes. (Act of August 11, 1939, 53 Stat. 1414, 1417, Public Law 396, 76th Cong., 1st sess.)

SEC. 7. That the Alamogordo Dam and Reservoir on the Pecos River, New Mexico, is hereby authorized and declared to be for the purposes of controlling floods, regulating the flow of the Pecos River, providing for storage and for delivery of stored waters, for the reclamation of lands, and other beneficial uses, and said dam and reservoir shall be used, first, for irrigation; second, for flood control and river regulation; and third, for other purposes. The Chief of Engineers and the Secretary of War are directed to report to the Congress the amount of the total cost of said Alamogordo Dam and Reservoir which is properly allocable to flood control. The appropriation and transfer of such amount from the general fund of the Treasury to the Reclamation Fund, for credit by reduction of the maximum obligation of the Carlsbad Irrigation District to repay the total cost thereof, is hereby authorized.

SPILLWAY ENLARGEMENT

[Extract from] An act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1955, and for other purposes. (Act of July 1, 1954, 68 Stat. 361, 365, Public Law 465, 83d Cong., 2d sess.)

For construction and rehabilitation of authorized reclamation projects or parts thereof (including power transmission facilities) and for other related activities, as authorized by law, including payments under the Act of August 15, 1953 (67 Stat. 592), to remain available until expended, ** * *Provided further, That sums made available for increasing spillway capacity at Alamogordo Dam, Carlsbad project, New Mexico, for the purpose of removing the existing flood hazard, be nonreimbursable and nonreturnable: *

RED BLUFF PROJECT

The Red Bluff project, south of Carlsbad project, was authorized by the act of June 18, 1926 (44 Stat. 753). No construction was undertaken.

An act to provide for the storage of the waters of the Pecos River. (Act of June 18, 1926, 44 Stat. 758, Public Law 404, 69th Cong., 1st sess.)

SEC. 1. That in accordance with the provisions of the act of June 17, 1902 (Thirty-second Statutes at Large, p. 388), and acts amendatory thereof or supplementary thereto, except as the same are modified herein, the Secretary of the Interior is hereby authorized and empowered to construct the Red Bluff Federal irrigation project, consisting of a reservoir upon the Pecos River, sufficient in size for the irrigation of not exceeding forty thousand acres of land in the State of Texas, which reservoir shall be located at a point where it will impound the flood waters of Delaware Creek and Black River, and shall be provided with all necessary incidental works for the operation of the same.

SEC. 2. That no expenditure for construction shall be made under this act until an appropriate contract or contracts in form approved by the Secretary of the Interior, providing for the payment to the United States as provided herein of the costs incurred on account of said project, shall have been properly executed by a district or districts organized under State law and embracing property to be benefited by said project, and such execution shall have been confirmed by a court of competent jurisdiction: Provided, That expenditures may be made hereunder at any time to cover necessary expenses incurred by the United States on account of preliminary investigations and negotiations in connection with the execution of the contract or contracts provided for by this section.

SEC. 3. That the total cost to the United States of the construction of said project shall be repaid to the United States in twenty annual installments, without interest, as follows: Five per centum thereof on March 1 of the second year following the year in which water becomes first available from said reservoir for irrigation, and 5 per centum thereof annually thereafter until the whole amount is paid: Provided, That if any installment shall not be paid when due there shall be added at once to such installment a penalty of 1 per centum thereof and thereafter on the first day of each month a like penalty so long as the default continues.

SEC. 4. That the cost to the United States of operating and

maintaining said project shall be paid to the United States in advance upon annual estimates made by the Secretary of the Interior, and upon a day to be fixed by him: Provided, That the cost of operating and maintaining the project the year water is first available therefrom for irrigation, shall be merged with and made a part of the construction cost. If the estimate for any one year shall be either more or less than the actual cost, an appropriate adjustment shall be made in the estimate for the next succeeding year.

SEC. 5. That no classification by the Secretary of the Interior of the irrigable lands of said project shall be required, nor shall he issue any public notice relating to construction charges against said lands: Provided, That the Secretary of the Interior shall determine the cost of said project, including the cost of operating and maintaining it the first season water is available therefrom for irrigation, and shall furnish a statement of such cost to the contracting district or districts.

SEC. 6. That there is hereby authorized to be appropriated from any moneys not otherwise appropriated, in the Reclamation Fund such an aggregate amount as may be necessary to carry out the purposes of this act, not exceeding the sum of $2,000,000.

SEC. 7. In the event that any irrigation works are constructed under the authorization contained in this act, neither the United States, the State of Texas, nor any of the parties for whose benefit said works are to be constructed shall at any time hereafter have or claim, or attempt in any manner to acquire, any right to the use in the State of Texas of any water which shall flow in the Pecos River, or any of its tributaries, in New Mexico at or above the Avalon Dam, except such of said water as may not at any time be used or diverted from or above said dam: Provided, That nothing in this section shall be construed to curtail the quantity of water to which present users in Texas may now be lawfully entitled: And provided further, That no construction under this act shall begin until the State of Texas, through legislative act, signed and approved by the governor of said State, shall have agreed to the provisions of this section.

CENTRAL VALLEY PROJECT

CALIFORNIA

The Central Valley project was found feasible by the Secretary on November 26, 1935, under the provisions of section 4 of the act of June 25, 1910 (36 Stat. 836), and subsection B of section 4 of the act on December 5, 1924 (43 Stat. 702), and approved by the President on December 2, 1935. The project was authorized by the Rivers and Harbors Acts of 1937 and 1940, and the following acts concerning additional development:

The Folsom unit and Sly Park unit of the American River division of the Central Valley project were authorized by the act of October 14, 1949 (63 Stat. 852).

The Sacramento Canals unit of the Sacramento River division of the Central Valley project was authorized by the act of September 26, 1950 (64 Stat. 1036).

The Trinity River Division was authorized as an integral part of the project by the act of August 12, 1955 (69 Stat. 719).

OFFICE OF THE SECRETARY, Washington, November 26, 1935.

THE PRESIDENT,

The White House.

MY DEAR MR. PRESIDENT: The Supreme Court of the United States in the Parker Dam decision (United States v. State of Arizona, 295 U. S. 174) indicated that Section 4 of the Act of June 25, 1910 (36 Stat. 835), is applicable to irrigation projects constructed under the National Industrial Recovery Act and this report on the Central Valley project, California, is made to you under said statute of 1910 and under subsection B of Section 4 of the Act of December 5, 1924 (43 Stat. 702).

Section 4 of the Act of June 25, 1910 (36 Stat. 835), provides, in effect, that after the date of that act no irrigation project to be constructed under the Act of June 17, 1902 (32 Stat. 388), and acts amendatory thereof or supplementary thereto, shall be undertaken unless and until the project shall have been recommended