Irrigation lands; regulation of use of water, 25 USC 381

§ 381

TITLE 25—INDIANS

Sec.

386.
386a.
387.
388.
389.
389a.
389b.
389c.
389d.
389e.
390.

Reimbursement of construction charges.
Adjustment of reimbursable debts; construction charges.
Omitted.
Claims for damages; settlement by agreement.
Investigation and adjustment of irrigation
charges on lands within projects on Indian
reservations.
Declaring lands to be temporarily nonirrigable.
Elimination to permanently nonirrigable
lands.
Cancellation of charges in absence of lien or
contract for payment.
Rules and regulations.
Actions taken to be included in report to Congress.
Concessions on reservoir sites and other lands
in Indian irrigation projects; leases for agricultural, grazing, and other purposes.

§ 381. Irrigation lands; regulation of use of water
In cases where the use of water for irrigation
is necessary to render the lands within any Indian reservation available for agricultural purposes, the Secretary of the Interior is authorized
to prescribe such rules and regulations as he
may deem necessary to secure a just and equal
distribution thereof among the Indians residing
upon any such reservations; and no other appropriation or grant of water by any riparian proprietor shall be authorized or permitted to the
damage of any other riparian proprietor.
(Feb. 8, 1887, ch. 119, § 7, 24 Stat. 390.)
§ 382. Irrigation projects under Reclamation Act
In carrying out any irrigation project which
may be undertaken under the provisions of the
Reclamation Act, and which may make possible,
and provide for in connection with the reclamation of other lands, the irrigation of all or any
part of the irrigable lands heretofore included in
allotments made to Indians under section 334 of
this title, the Secretary of the Interior is authorized to make such arrangement and agreement in reference thereto as said Secretary
deems for the best interest of the Indians: Provided, That no lien or charge for construction,
operation, or maintenance shall thereby be created against any such lands.
(Mar. 3, 1909, ch. 263, 35 Stat. 798.)
REFERENCES IN TEXT
The Reclamation Act, referred to in text, is act June
17, 1902, ch. 1093, 32 Stat. 388, as amended, which is classified generally to chapter 12 (§ 371 et seq.) of Title 43,
Public Lands. For complete classification of this Act to
the Code, see Short Title note set out under section 371
of Title 43 and Tables.

Page 96

ervation, allotments, or lands, could be undertaken
until it had been estimated for and a maximum limit of
cost ascertained from surveys, plans, and reports submitted by chief irrigation engineer in Indian Service
and approved by Commissioner of Indian Affairs and
Secretary of the Interior, that such limit of cost could
in no case be exceeded without express authorization of
Congress, and that no project to cost in the aggregate
to exceed $35,000 could be undertaken on any Indian
reservation or allotment, without specific authority of
Congress.

§ 384. Employment of superintendents of irrigation
The Commissioner of Indian Affairs, under the
direction of the Secretary of the Interior, may
employ superintendents of irrigation who shall
be skilled irrigation engineers, not to exceed
seven in number.
(Apr. 4, 1910, ch. 140, § 1, 36 Stat. 271.)
TRANSFER OF FUNCTIONS
For transfer of functions of other officers, employees,
and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with
power to delegate, see Reorg. Plan No. 3 of 1950, §§ 1, 2,
eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in
the Appendix to Title 5, Government Organization and
Employees.

§ 385. Maintenance charges; reimbursement of
construction costs; apportionment of cost
For lands irrigable under any irrigation system or reclamation project the Secretary of the
Interior may fix maintenance charges which
shall be paid as he may direct, such payments to
be available for use in maintaining the project
or system for which collected: Provided further,
That all moneys expended under this provision
shall be reimbursable where the Indians have
adequate funds to repay the Government, such
reimbursements to be made under such rules
and regulations as the Secretary of the Interior
may prescribe: Provided further, That the Secretary of the Interior is authorized and directed
to apportion the cost of any irrigation project
constructed for Indians and made reimbursable
out of tribal funds of said Indians in accordance
with the benefits received by each individual Indian so far as practicable from said irrigation
project, said cost to be apportioned against such
individual Indian under such rules, regulations,
and conditions as the Secretary of the Interior
may prescribe.
(Apr. 4, 1910, ch. 140, §§ 1, 3, 36 Stat. 270, 272; Aug.
1, 1914, ch. 222, § 1, 38 Stat. 583; Aug. 7, 1946, ch.
770, § 1(8), 60 Stat. 867; Pub. L. 97–293, title II,
§ 224(f), Oct. 12, 1982, 96 Stat. 1273.)

CODIFICATION

CODIFICATION

A further proviso authorized the expenditure of a limited amount from the appropriation in the act for irrigation, to meet the cost of carrying out this section,
and was omitted as temporary.

Section is based on sections 1 and 3 of act Apr. 4, 1910,
and section 1 of act Aug. 1, 1914.
A provision in act Aug. 1, 1914, appropriated a specific
sum for the construction, repair, etc., of ditches, reservoirs, etc., and for the pay of designated officials and
employees.

SIMILAR PROVISIONS
Similar provisions were contained in act Apr. 30, 1908,
ch. 153, 35 Stat. 85.

§ 383. Repealed. Pub. L. 97–293, title II, § 224(f),
Oct. 12, 1982, 96 Stat. 1273
Section, act Aug. 4, 1910, ch. 140, § 1, 36 Stat. 270, provided that no new irrigation project on any Indian res-

AMENDMENTS
1982—Pub. L. 98–293 struck out provisions requiring
Secretary of the Interior to transmit annual cost accounts to Congress of all moneys expended on each irrigation project.
1946—Act Aug. 7, 1946, discontinued provisions requiring Secretary of the Interior to transmit annual cost