84 STAT. ]
273
PUBLIC LAW 91-270-MAY 28, 1970
Public Law 91-270 AN ACT To authorize the Secretary of the Interior to constnu-t. operate, and maintain the Merlin division, Rogue River Basin project. Oregon, and for other purposes.
Be it enactexl by the Senate and House of Representatives of the United States of Amerira in Congress assembled. That, for the purposes of providing irrigation water for approximately nine thousand three hundred acres, flood control, area redevelopment, and providing municipal and industrial water supply, fish and wildlife enhancement, and recreation benefits, the Secretary of the Interior, acting pursuant to the Federal reclamation laws (Act of June 17, 1902 (32 Stat. 388), and Act amendatory thereof or supplementary thereto), is authorized to construct, operate, and maintain the Merlin division, Rogue River Basin project, Oregon. The principal works of the division shall consist of Sexton Dam and Reservoir, diversion and distribution facilities, and drainage facilities. SEC. 2. Irrigation repayment contracts shall provide with respect to any contract unit, for repayment of the irrigation construction costs assigned for repayment to the irrigators over a period of not more than fifty years, exclusive of any development period authorized by law. Irrigation repayment contracts shall further provide for the assessment and collection of a service charge of not less than $40 per annum for each identifiable ownership receiving irrigation ser\ice from and through the works of the Merlin division, such charge to be in addition to the repayment capacity of the lands as determined by the Secretary on the basis of studies of the value of water for full-time family-size farm operations. Construction costs allocated to irrigation beyond the ability of irrigators to repay shall be charged to and returned to the reclamation fund in accordance with the provisions of section 2 of the Act of June 14, 1966 (80 Stat. 200), as amended by section 6 of the Act of September 7, 1966 (80 Stat. 707). SEC. 3. The conservation and development of the fish and wildlife resources and the enhancement of recreation opportunities in connection with the Merlin division shall be in accordance with the provisions of the Federal Water Project Recreation Act (79 Stat. 213). SEC. 4. Before the works are transferred to an irrigation water user's organization for care, operation, and maintenance, the organization shall have agreed to operate them in such fashion, satisfactory to the Secretary, as to achieve the benefits to fish and wildlife enliancement, and recreation on which the allocations of costs therefor are predicated, and to operate them in accordance with regulations prescribed by the Secretary of the Army to achieve the benefits to flood control on which the allocation of casts therefor is predicated, and to return the works to the Ignited States for care, operation, and maintenance in the event of failure to comply with the requirements to achieve such benefits. SEC. 5. Power and energy required for irrigation water pumping for the Merlin division shall be made available by the Secretary from the Federal Columbia River system at charges determined by him. SEC. 6. For a period of ten years from the date of enactment of this Act, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 1949, or any amendment thereof, if the total supply of such commodity for the marketing year in which the bulk of the crop would normally be marketed is in excess of the normal supply as
May 28, 1970 [H. R. 780]
Rogue River Basin project, Ore. Merlin division, authorization.
43 USC 371 note, 391 note.
Irrigation, repayment period.
Service charge.
Construction costs.
16 USC 835j835m and note s. R e c r e a t i o n; I'ish and wildlife enhancement. 16 USC 4 6 0 M 2 note. Transfer terras.
Power and energy. Newly irrigated lands, use restriction.
63 Stat. 1051. 7 USC 1421 note, 1428.
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