P.R. Laws tit. 22, § 235

2019-02-20 00:00:00+00
§ 235. Hydroelectric System of Isabela Irrigation Service—Functions; administration of remaining properties

(a) Such properties of the Isabela Irrigation Service as are not hereby conveyed shall be administered by the Authority, and in connection therewith all the powers, duties, functions, obligations and responsibilities which, prior to the approval of these §§ 232—237 of this title, were vested in, and conferred or imposed upon the Chief Engineer of the Irrigation Service, the Secretary of Transportation and Public Works, the Council of Secretaries of Puerto Rico, and the Public Service Commission, jointly or severally, under the Isabela Public Irrigation Act approved June 19, 1919, and all other laws amendatory thereof or supplementary thereto, heretofore or hereafter enacted by the Legislature of Puerto Rico, §§ 301—315 of this title, are hereby transferred to and conferred and imposed upon the Authority. The Authority shall administer said laws in conformity with their provisions and shall be governed by them in the operation, maintenance, repair, construction of extensions and improvements of the works and systems constructed and operated thereunder. The Authority shall have power to set the basis for the allocating of the overhead and operating expenses of the Authority in the operation of the Isabela Irrigation Service, subject to the previous approval of said basis of allocation by the Secretary of the Treasury of Puerto Rico.

(b) In the performance of its duties under the preceding subsection the Authority shall pay directly all costs and expenses incurred by it. The Authority shall be reimbursed for all such costs and expenses, including a fair share of the Authority’s own overhead and operating expenses attributable to the Isabela Irrigation Service, as determined in accordance with subsection (a) above, from the funds available in the Commonwealth Treasury for the operation, maintenance, repair, construction of extensions and improvements of the irrigation works of said Service. From the said Irrigation funds in the Commonwealth Treasury there shall from time to time be advanced to the Authority suitable amounts to provide same with a working capital fund that will at all times be sufficient for paying promptly all such costs and expenses. The Authority shall keep and administer such funds in the same manner as it keeps and administers its own funds, but shall use same solely for the payment of such costs and expenses. Provided, however, That the Authority shall not be liable for any deficit resulting in any fiscal year from the operation, maintenance, improvements and extensions of the Isabela Irrigation Service, it being the obligation of the Commonwealth of Puerto Rico to provide the means for reimbursing the Authority for the amount of any such deficit as soon as it occurs.

History —June 20, 1955, No. 84, p. 326, § 4, eff. July 1, 1955.