[Code of Federal Regulations]

[Title 25, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 25CFR137.5]



[Page 373-374]

 

                            TITLE 25--INDIANS

 

     CHAPTER I--BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

 

PART 137_REIMBURSEMENT OF CONSTRUCTION COSTS, SAN CARLOS INDIAN 

IRRIGATION PROJECT, ARIZONA--Table of Contents

 

Sec.  137.5  Construction costs limited.



    The repayment contract \1\ with the San Carlos irrigation and 

drainage district, page 13 thereof, contains the following:

---------------------------------------------------------------------------



    \1\ Contract available at the Bureau of Indian Affairs, Washington, 

D.C.



    In accordance with the foregoing the costs of the San Carlos project 

as fixed by the public notice to be issued as aforesaid, unless further 

sums shall be agreed to by the Secretary of the Interior and the 

district after the execution of this instrument, may amount to but shall 

not exceed the sum of $9,556,313.77, except that said total may be 

exceeded by the inclusion of any sums expended to safeguard the project 

as hereinabove provided for, and any sums expended on account of 

contingent liabilities as in the next paragraph hereof provided.

    The foregoing and subsequent statements of project costs, the 

district's shares of which are to be repaid hereunder, unless otherwise 

provided by Congress more favorably to the lands of the project, may be 

increased



[[Page 374]]



by the addition of sums not now fixed as project charges but which 

possibly constitute contingent project liabilities incurred after the 

date of the San Carlos Act of June 7, 1924 (43 Stat. 476), or incurred 

on account of the Florence-casa Grande project, and so may become 

project charges by the judgment of courts of competent jurisdiction or 

of other proper authority.

    The limitations therein fixed has approximately been reached, there 

remaining but $32,815.02 yet to be expended on project works before 

reaching that limitation. Upon the expenditure of this additional sum 

there shall be no further expenditures of funds for construction, 

operation and maintenance of the San Carlos project so far as the 

private lands are concerned until the San Carlos irrigation and drainage 

district shall, through appropriate action, authorize pursuant to the 

terms of the said repayment contract such additional expenditures. This 

limitation does not apply to project expenditures for the extension of 

the distributing and pumping system regardless of where they may arise. 

This class of expenditures being excepted from the limitation on 

expenditures contained in the said repayment contract by section 14, 

page 10, thereof, which section is known as the ``Equalization of 

Expenditures.''