75TH CONGRESS, 1ST SESSION-CH . 299-NAY 27, 1937 lands owned by him if and so long as he shall refuse to sell any excess lands owned or held by him under terms and conditions sat- isfactory to the Secretary of the Interior and at prices fixed in the appraisals made and app roved as here inabove provi ded . The S ecr e- tary of the Interior may require each landowner, as a condition precedent to receiving water from the said irrigation works, to exe- cute a valid recordable contract wherein he shall agree to dispose of excess holdings then or thereafte r owned by hi m in the man ner provided in this Act and in the contract between his district and the United States, and wherein the said landowner also shall confer upon the Secretary of the Interior an irrevocable power of attorney to make any such sale on his behalf . For the purpose of determin- ing excess lands under the provisions of this Act husband and wife shall be considered separate persons and each may hold not to exceed forty irrigable acres as nonexcess lands or husband and wife together may hold eighty irrigable acres of community property as such nonexcess lands : Provided further, That as to any part of the irrigable lands of the said project for which the Secretary of the Interior shall determine that farm units of less than forty irrigable acres would be sufficient to support a family, he may approve and cause to be filed farm unit plats establishing farm units of less than forty acres but not less than ten acres and in that event all lands held in any one ownership in excess of one farm unit as shown on such plat shall be considered excess lands subject to the provisions of this Act applicable to excess lands : Provided further s That in addition to the foregoing provisions, every such contract with any district shall also provide, with respect to all irrigable lands whether initially excess or nonexcess, that whenever any land is sold at a price in excess of the sum of the appraised value of the arid land, the appraised value of improvements made thereon after the date of the original appraisal, and the amount of irrigation construction costs actually paid for that land, then, before the new owner shall be entitled to receive water from the project, a proportionate part of the said excess or incremented value shall be paid to the United States as follows : If such payment is made to the United States more than fifty months after such sale at an excessive price has been made, then as a prerequisite to the right to receive water all of the incremente d value shall be paid to t he United Sta tes to apply on construction installments to come due on such land in inverse order of their accrual ; if payment is made in less than fifty months but more than forty-nine mo nths after th e date of suc h sale, then 99 per centum of such incremented value or excess of sale price shall be thus paid and applied ; if payment is made in less than forty-nine but more than forty-eight months after the date of such sale, then 98 per centum of such incremented value or excess of sale price shall be thus paid and applied, and so on for earlier payment allow- ing an additional reduction of 1 per centum for each month, so that iii the event that such payment is made to the United States within one month after the date of such sale, then the percentage of the incremented value required to be paid to the United States for appli- catio n to constr uction cost s as a prer equisi te to the r ight t o rec eive water shall be 50 per centum thereof : Provided further, That each district contract may include a provision which, subject to author- ization an d validation thereof by th e State of Wa shington, sh all require th at all irriga ble lands whi ch are allowe d by the own ers thereof without objection to remain in such district until after the judicial confirmation of the, organization of the district and of the 1251--,1 0 -37--14 209 Disposal of excess holdings a condition precedent to receiving water . Size of farm units . S ale above ap- praised value. Payment to United States ; application to construction install- ments . Sco pe ext ended .
