tives, in all cases where such application, entry, or proof has been or shall hereafter be rejected, and neither such applicant nor his legal representatives shall have been guilty of any fraud or attempted fraud in connection with such application: Provided, That such person or his legal representatives shall file a request for the repayment of such purchase moneys and commissions within two years from the rejection of such application, entry, or proof, or within two years from the passage of this act as to such applications, proofs, or entries, as have been heretofore rejected. SEC. 2. That in all cases where it shall appear to the satisfaction of the Secretary of the Interior that any person has heretofore or shall hereafter make any payments to the United States under the public land laws in excess of the amount he was lawfully required to pay under such laws, such excess shall be repaid to such person or to his legal representatives: Provided, That such person, or his legal representatives shall file a request for the repayment of such excess within two years after the patent has issued for the land embraced in such payment, or within two years from the passage of this act as to such excess payments as have heretofore been made. SEC. 3. That when the Commissioner of the General Land Office shall ascertain the amount of any excess moneys, purchase moneys, or commissions in any case where repayment is authorized by this statute, the Secretary of the Interior shall at once certify such amounts to the Secretary of the Treasury, who is hereby authorized and directed to make repayment of all amounts so certified out of any moneys not otherwise appropriated and issue his warrant in settlement thereof. SEC. 4. That the Secretary of the Interior is hereby authorized to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect. Claims for repayment under the provisions of this act, which originated prior to its passage must be filed on or before December 11, 1921. After that date the time of filing claims for repayment will be limited to two years from rejection of the application, entry, or proof; and in case of payments in excess of lawful requirement, claims for repayment must be filed within two years from issuance of patent. This circular should be posted in a conspicuous place in your office and should be given to the press as a news item. Very respectfully, Approved. CLAY TALLMAN, Commissioner. ALEXANDER T. VOGELSANG, First Assistant Secretary. RESERVOIRS, SPRINGS, AND WATER HOLES [Reported, 49 L. D. 577] CIRCULAR No. 893 1 FENCING OF STOCK-WATERING RESERVOIRS DEPARTMENT OF THE INTERIOR, Registers and Receivers, United States Land Offices. GENTLEMEN: The act of Congress approved March 3, 1923 (42 Stat. 1437), amends section 1 of the act of January 13, 1897 (29 Stat. 484), "An act providing for the location and purchase of public lands for reservoir sites " by inserting at the end thereof, the following new sentence: The Secretary of the Interior, in his discretion, under such rules, regulations, and conditions as he may prescribe, upon application by such person, company, or corporation, may grant permission to fence such reservoirs in order to protect livestock, to conserve water, and to preserve its quality and conditions: Provided, That such reservoir shall be open to the free use of any person desiring to water animals of any kind; but any fence erected under the authority hereof shall be immediately removed on the order of the Secretary. This act applies only to stock-watering reservoirs which have been or may hereafter be constructed, and due proof of construction filed in the General Land Office. Any person, company, or corporation desiring to secure the benefits of this act should file in the local land office an application, under oath, duly corroborated by at least two disinterested witnesses, setting forth such facts as would show that it is necessary to fence such reservoir in order to protect the livestock, to conserve water, and to preserve its quality and condition. There should be filed with such application, and as a part thereof, a plat showing the land embraced in the reservoir as near as may be, the location of the proposed fence with respect to such reservoir, together with all gates or other openings and roadways leading to the same. In no instance will an application be considered unless said plat shows the location of at least two gates. Said gates shall be so constructed and maintained that they may be, at all times, readily opened and closed by any person desiring to water animals of any kind and such gates shall be so placed as to be readily accessible from the road or roads nearest the reservoir, which roads shall be the ones usually traveled and, where there are no such roads whereby to govern the location of such gates, they shall be so situated as to make the reservoir readily avail 1 See circular of June 6, 1908, p. 1314 et seq. able from the adjacent public or other range; and that there shall be posted on the gates, and elsewhere if necessary, a notice stating that the reservoir is for stock-watering purposes, located on public lands, and that the same is open to the free use of any person desiring to water animals of any kind. Upon the filing of such an application, it should be considered by the local office as an additional paper in the case and transmitted to this office by special letter under the serial number of the reservoir declaratory statement for such action as may be deemed proper. Very respectfully, Approved May 3, 1923. WILLIAM SPRY, Commissioner. E. C. FINNEY, First Assistant Secretary. [Reported, 51 L. D. 186] CIRCULAR NO. 1028 2 REGULATIONS RELATIVE TO THE USE OF LANDS WITHDRAWN AS PUBLIC WATER RESERVES DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, Washington, August 27, 1925. 1. Permission may be obtained to use or improve lands withdrawn as or in connection with public water reserves, under the act of June 25, 1910 (36 Stat. 847), or any other act, by filing application for such permission under the act of February 15, 1901 (31 Stat. 790), in accordance with the regulations governing said act, as found in 36 L. D. page 367, as supplemented by these regulations. 2. As a condition precedent to the granting of any such permission, the applicant will be required to execute such stipulations and agreements as may be deemed proper and necessary by the Secretary of the Interior, to safeguard the public interests, after investigation of the facts, circumstances, and conditions in connection with each individual case. 3. Any citizen or association of citizens of the United States, or any corporation, duly created and existing under and by virtue of the laws of any State of the United States, who may desire to improve the productivity of any water hole or source of water supply within the boundaries of any public water reserve, or to conduct such waters from their source within such a reserve to a point or place more convenient for public use, may file in the office of the register of the United States land district, within which the reservation is situated, an application for permission so as to use the reserved land, or conduct the waters over or through the same. Such application should be in the form of an affidavit, duly corroborated, by at least two persons, setting forth in detail the plan of the applicant for the improvement and care of the public water reserve, the public necessity for such improvement, the reasons why. See circular of June 6, 1908, p. 1314 et seq. Also see Circular No. 1122, p. 1544. such plan will be more conducive to the public good and better conserve the waters for public use, and any other facts and circumstances pertinent thereto. 4. If the waters are to be conducted from their source within the reserve to a point outside of the reserve, the application should be accompanied by a map and separate field notes in duplicate, the map being delineated upon tracing linen, and prepared in accordance with the regulations of June 6, 1908, governing the submission of applications under the act of February 15, 1901, supra, also evidence that applicant has applied to the proper State official for permission to appropriate the waters to the uses contemplated, and has prosecuted such application in good faith to date of the filing of the application. 5. Upon receipt of such an application in the General Land Office, the commissioner will direct the division inspector to make careful field investigation as to the facts and circumstances set forth in the affidavit of applicant, as to the public necessity or desirability of the system proposed, and as to all other facts and circumstances germane to the granting of such a permit, together with recommendation as to any stipulations or agreements which to him may seem necessary or proper for the protection of the public interest, and the most economical conservation and use of such waters. Upon receipt of said report the Commissioner of the General Land Office will transmit a copy of the same, together with the application to the Director of the Geological Survey, for report and suggestion relative to the feasibility of the plan and the terms and conditions upon which the permit should be issued, if at all. 7. If the place of use of the water is upon unreserved public land the applicant may be called upon to file a reservoir declaratory statement under the act of January 13, 1897 (29 Stat. 484), as well as the application under the act of February 15, 1901, supra, if deemed advisable. 8. Each permit shall contain, besides those found necessary in individual cases, the following conditions: (a) That the right to appropriate the waters of the State to the uses contemplated shall be obtained within one year from and after the issuance of the permit and the permittee shall file a certificate to that effect issued by the proper State authority. (b) That the proposed system shall be fully completed in substantial conformity with the plan upon which the permit is predicated, within two years from and after the issuance of such permit, unless a different period is specifically provided for in such permit. (c) That the permittee shall, during the month of January, in each year after the completion of such system, file with the register of the land district within which the system is located, for transmission to the General Land Office, an affidavit of maintenance, in substantially the following form: STATE OF County of 88: being duly sworn says that he is the President of the company (or person) to whom permit, (give land district and serial number), was issued by the Secretary of the Interior, (give date), in connection with public water reserve No. That the system as set forth and described in said perm't has been kept in repair and water sufficient for the public needs has been kept therein during |