page 13

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page 13
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13from any power development on said canal shall be paid into said Colorado River damfund, and credited to said districts or other agencies on their said contracts, in proportion to their rights to develop power, until the districts or other agencies using said canal shall have paid thereby and under any contract or otherwise an amount of money equivalent to the operation and maintenance expense and cost of construction thereof.SEC. 8. (a) That the United States, in managing and operating the dam, canals, and other works herein authorized, including the delivery and use of water for the generation of power, irrigation, or other uses, shall observe and be subject to and controlled by the Colorado River compact as signed at Santa Fe, New Mexico, on November 24, 1922, and particularly described in section 12 herein.(b) Also the rights of the United States in or to waters of the Colorado River howsoever acquired, as well as the rights hereafter arising of those claiming under the United States, shall be subject to and controlled by said compact.(c) Also all patents, grants, contracts, concessions, leases, permits, licenses, rights of way, or other privileges from the United States or under its authority, necessary or convenient for the use of waters of the Colorado River, or for the generation or transmission of electrical energy generated by means of the waters of said river, shall be upon the express condition and with the express covenant that the rights of the recipients or holders thereof to waters of the river, for the use of which the same is necessary, convenient, or incidental, shall likewise be subject to and controlled by said compact.(d) The conditions and covenants referred to herein shall be deemed to run with the land and water right, and shall attach as a matter of law, whether set out or referred to in the instrument evidencing any such patent, grant, contract, concession, lease, permit, license, right of way, or other privilege from the United States or under its authority, or not, and shall be deemed to be for the benefit of and be available to the States of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and the users of water thereunder, by way of defense or otherwise, in any litigation respecting the waters of the Colorado River.SEC. 9. That all lands of the United States found by the Secretary of the Interior to be practicable of irrigation and reclamation by the irrigation works authorized herein shall be withdrawn from public entry. Thereafter, at the direction of the Secretary of the Interior, such lands shall be opened for entry, in tracts varying in size, but not exceeding one hundred and sixty acres, as may be determined by the Secretary of the Interior, in accordance with the provisions of the reclamation law, and any such entryman shall pay an equitable share in accordance with the benefits received, as determined by the said Secretary, of the construction cost of said canal and appurtenant structures ; said payments to be made in such installments and at such times as may be specified by the Secretary of the Interior, in accordance with the provisions of the said reclamation law, and shall constitute revenue from said project and be covered into the said subfund herein provided for: Provided, That all persons who have served in the United States Army, Navy, or Marine Corps during the war with Germany, the war with Spain, or in the suppression of the insurrection in the Philippines, and who have been honorably separated or discharged therefrom or placed in the Regular Army or Navy Reserve, shall have the exclusive preference right for a period of three months to enter said lands, subject, however, to the provisions of subsection c of section 4, act of December 5, 1924 (Forty-third Statutes at Large, page 702) ; and also, so far as practicable, preference shall be given to said persons in all construction work authorized by this act: Provided further, That in the event such an entry shall be relinquished at any time prior to actual residence upon the land by the entryman for not less than one year, lands so relinquished shall not be subject to entry for a period of sixty days after the filing and notation of the relinquishment in the local land office, and after the expiration of said sixty-day period such lands shall be open to entry, subject to the preference in this section provided.SEC. 10. That nothing in this act shall be construed as modifying in any manner the existing contract, dated October 23, 1918, between the United States and the Imperial irrigation district, providing for a connection with Laguna Dam; but. the Secretary of the Interior is authorized to modify the said contract, with the consent of the said district, and also to enter into a contract or contracts with the said district or other districts, persons, or agen-

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