Collection of all construction costs against any Indian-owned lands within Indian irrigation projects is deferred as long as Indian title has not been extinguished. (Act of July 1, 1932 (47 Stat. 564; 25 U.S.C. 386a)). This statute is interpreted to apply only where such land is owned by Indians either in trust or restricted status.
(a) When any person whether Indian or non-Indian acquires Indian lands in a fee simple status that are part of an Indian irrigation project he must enter into an agreement,
(1) To pay the pro rata share of the construction of the project chargeable to the land,
(2) To pay all construction costs that accrue in the future, and
(3) To pay all future charges assessable to the land which are based on the annual cost of operation and maintenance of the irrigation system.
(b) Any operation and maintenance charges that are delinquent when Indian land is sold will be deducted from the proceeds of sale unless other acceptable arrangements are made to provide for their payment prior to the approval of the sale.
(c) A lien clause covering all unpaid irrigation construction costs, past and future, will be inserted in the patent or other instrument of conveyance issued to all purchasers of restricted or trust lands that are under an Indian irrigation project.
Cross Reference:See part 159 and part 160 and cross-references thereunder in this chapter for further regulations regarding sale of irrigable lands.