When Uncompleted Artesian Irrigation Project May Be Abandoned Without Default of Bond Rule 4. The commission will hold that the contracting applicant of an approved segregation may not abandon any portion of his irrigation project, without defaulting his bond, except in cases where the good faith of the contractor is shown and it appears to the satisfaction of the state engineer that the probable available water supply of the underground watercourse or lake, under the general provisions of the rulings of the state engineer of April 20, 1911, is exhausted; or where the commission authorizes the relinquishment of a portion or all the segregation on satisfactory proof that the development of a water supply therefor is not economically feasible. Contract with Power Company Required To Be Filed and Recorded Where the Reclamation Project Involves Pumping with Power Supplied by an Independent Power Company Rule 5. Where an application for a complete segregation of lands is based on reclamation by water which must be elevated by power before it is available for irrigation purposes. and the power therefor is to be supplied by an independent power company, at the time of entering into contract with the state, the applicant must file with the commission a good and sufficient contract with such independent power company agreeing, for a period of not less than twenty years, to supply power to all settlers under the project, during the season required for crop growing, at a charge or toll per standard power unit not exceeding a stated maximum cost; and which contract shall express the times and conditions of payment for power used, and all penalties attaching to deferred payments. Such contract, before any contract is entered into on the part of the state with the applicant or his assigns, under the provisions of section 8 of the act approved March 17, 1911, must be placed on record in the office of the county recorder of the county or counties in which such project is situated, and its terms shall be explained in all advertising matter inviting settlers to make entry upon the lands of such project and due reference shall be made to it in the contract for the water right executed with the settler; provided, that said contract, by its terms, shall not prevent the settler from contracting with any other power company, meanwhile, at a less charge for power than that which said first-mentioned power company is willing to supply power, or to prevent a reduction of such maximum power charge voluntarily by said contracting power company, or a reduction by virtue of any existing law, or law that may hereafter be passed regulating power charges. RECLAMATION ACT An Act appropriating the receipts from the sale and disposal of public lands in certain states and territories to the construction of irrigation works for the reclamation of arid lands. Approved June 17, 1902 3098. Irrigation-"Reclamation fund" established for certain public land receipts - Exception-Support of agricultural colleges-Deficiency. 3099. Location and construction of irrigation works. 3100. Lands withdrawn from public entry— Restoration - Entry of irrigable lands-Homestead entries-Surveys. 3101. Contracts-Public notice of irrigable lands, charges-Limit of work-hours -Mongolian labor. 2102. Requirements of entrymen—Limit— Payments-Disposal of receiptsCommissions. 3103. Use of reclamation fund-Ownership of works-Title-Condemnation for rights. 3104. Rights acquired by condemnation or purchase. 3105. State laws not interfered with-Vested 3106. Funds, how applied. carried into effect-Rules and regulations. 3108. Rights of way granted-Reservation in land patents. 3109. Regulations concerning sale of state lands within irrigation projectsSale to United States. 3110. Duties of county commissioners-Water users associations-Stock subscriptions. 3111. Contracts for excess water-Charges, how determined. 3112. Federal government to cooperate with private enterprises-Restrictions, 3113. Lands not required for government use in irrigation projects to be sold. 3114. Idem-Conveyance-Limitations. 3098. Irrigation-"Reclamation fund" established from certain public land receipts - Exception-Support of agricultural collegesDeficiency. That all moneys received from the sale and disposal of public lands in Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Wash ington, and Wyoming, beginning with the fiscal year ending June thirtieth, nineteen hundred and one, including the surplus of fees and commissions in excess of allowances to registers and receivers, and excepting the five per centum of the proceeds of the sales of public lands in the above states set aside by law for educational and other purposes, shall be, and the same are hereby, reserved, set aside, and appropriated as a special fund in the treasury to be known as the "reclamation fund," to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversion, and development of waters for the reclamation of arid and semiarid lands in the said states and territories, and for the payment of all other expenditures provided for in this act; provided, that in case the receipts from the sale and disposal of public lands other than those realized from the sale and disposal of lands referred to in this section are insufficient to meet the requirements for the support of agricultural colleges in the several states and territories, under the act of August thirtieth, eighteen hundred and ninety, entitled "An act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of Congress approved July second, eighteen hundred and sixty-two," the deficiency, if any, in the sum necessary for the support of the said colleges shall be provided for from any moneys in the treasury not otherwise appropriated. 3099. Location and construction of irrigation works-Estimates of cost. SEC. 2. That the secretary of the interior is hereby authorized and directed to make examinations and surveys for, and to locate and construct, as herein provided, irrigation works for the storage, diversion, and development of waters, including artesian wells, and to report to Congress at the beginning of each regular session as to the results of such examinations and surveys, giving estimates of cost of all contemplated works, the quantity and location of the lands which can be irrigated therefrom, and all facts relative to the practicability of each irrigation project; also the cost of works in process of construction as well as of those which have been completed. 3100. Lands withdrawn from public entry-Restoration-Entry of irrigable lands - Homestead entries-Surveys - Commutation not allowed. SEC. 3. That the secretary of the interior shall, before giving the public notice provided for in section 4 of this act, withdraw from public entry the lands required for any irrigation works, contemplated under the provisions of this act, and shall restore to public entry any of the lands so withdrawn when, in his judgment, such lands are not required for the purposes of this act; and the secretary of the interior is hereby authorized, at or immediately prior to the time of beginning the surveys for any contemplated irrigation works, to withdraw from entry, except under the homestead laws, any public lands believed to be susceptible of irrigation from said works; provided, that all lands entered and entries made under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the provisions, limitations, charges, terms, and conditions of this act; that said surveys shall be prosecuted diligently to completion, and upon the completion thereof, and of the necessary maps, plans, and estimates of cost, the secretary of the interior shall determine whether or not said project is practicable and advisable, and if determined to be impracticable or unadvisable he shall thereupon restore said lands to entry; that public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry only under the provisions of the homestead laws in tracts of not less than forty nor more than one hundred and sixty acres, and shall be subject to the limitations, charges, terms, and conditions herein provided; provided, that the commutation provisions of the homestead laws shall not apply to entries made under this act. 3101. Contracts-Public notice of irrigable lands, charges-Limit of workhours-Mongolian labor. SEC. 4. That upon the determination by the secretary of the interior that any irrigation project is practicable, he may cause to be let contracts for the construction of the same, in such portions or sections as it may be practicable to construct and complete as parts of the whole project, providing the necessary funds for such portions or sections are available in the reclamation fund, and thereupon he shall give public notice of the lands irrigable under such project, and limit of area per entry, which limit shall represent the acreage which, in the opinion of the secretary, may be reasonably required for the support of a family upon the lands in question; also of the charges which shall be made per acre upon the said entries, and upon lands in private ownership which may be irrigated by the waters of the said irrigation project, and the number of annual installments, not exceeding ten, in which such charges shall be paid and the time when such payments shall commence. The said charges shall be determined with a view of returning to the reclamation fund the estimated cost of construction of the project, and shall be apportioned equitably; provided, that in all construction work eight hours shall constitute a day's work, and no Mongolian labor shall be employed thereon. 3102. Requirements of entrymen Limit receipts-Commissions. - Payments Disposal of SEC. 5. That the entrymen upon lands to be irrigated by such works shall, in addition to compliance with the homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural purposes, and before receiving patent for the lands covered by his entry shall pay to the government the charges apportioned against such tract, as provided in section 4. No right to the use of water for land in private ownership shall be sold for a tract exceeding one hundred and sixty acres to any one land owner, and no such sale shall be made to any land owner unless he be an actual bona fide resident on such land, or occupant thereof residing in the neighborhood of said land, and no such right shall permanently attach until all payments therefor are made. The annual installments shall be paid to the receiver of the local land office of the district in which the land is situated, and a failure to make any two payments when due shall render the entry subject to cancelation, with the forfeiture of all rights under this act, as well as of any moneys already paid thereon. All moneys received from the above sources shall be paid into the reclamation fund. Registers and receivers shall be allowed the usual commissions on all moneys paid for lands entered under this act. 3103. Use of reclamation fund-Ownership of works-Title-Condemnation for rights. SEC. 6. That the secretary of the interior is hereby authorized and directed to use the reclamation fund for the operation and maintenance of all reservoirs and irrigation works constructed under the provisions of this act; provided, that when the payments required by this act are made for the major portion of the lands irrigated from the waters of any of the works herein provided for, then the management and operation of such irrigation works shall pass to the owners of the lands irrigated thereby, to be maintained at their expense under such form of organization and under such rules and regulations as may be acceptable to the secretary of the interior; provided, that the title to and the management and operation of the reservoirs and the works necessary for their protection and operation shall remain in the government until otherwise provided by Congress. 3104. Rights acquired by condemnation or purchase. SEC. 7. That where in carrying out the provisions of this act it becomes necessary to acquire any rights or property, the secretary of the interior is hereby authorized to acquire the same for the United States by purchase or by condemnation under judicial process, and to pay from the reclamation fund the sums which may be needed for that purpose, and it shall be the duty of the attorney-general of the United States upon every application of the secretary of the interior, under this act, to cause proceedings to be commenced for condemnation within thirty days from the receipt of the application at the department of justice. 3105. State laws not interfered with-Vested rights-Water right appurtenant to land-Beneficial use. SEC. 8. That nothing in this act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any state or territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the secretary of the interior, in carrying out the provisions of this act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any state or of the federal government or of any land owner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof; provided, that the right to the use of water acquired under the provisions of this act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right. See act of 1866, sec. 2401, ante. 3106. Funds, how applied. SEC. 9. That it is hereby declared to be the duty of the secretary of the interior in carrying out the provisions of this act, so far as the same may be practicable and subject to the existence of feasible irrigation projects, to expend the major portion of the funds arising from the sale of public lands within each state and territory herein before named for the benefit of arid and semiarid lands within the limits of such state or territory; provided, that the secretary may temporarily use such portion of said funds for the benefit of arid or semiarid lands in any particular state or territory herein before named as he may deem advisable, but when so used the excess shall be restored to the fund as soon as practicable, to the end that ultimately, and in any event, within each ten-year period after the passage of this act, the expenditures for the benefit of the said states and territories shall be equalized according to the proportions and subject to the conditions as to practicability and feasibility as aforesaid. 3107. Act carried into effect-Rules and regulations. SEC. 10. That the secretary of the interior is hereby authorized to perform any and all acts and 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. An Act to assist the United States reclamation service in the construction and maintenance of irrigation works provided for by the congressional reclamation act approved June 17, 1902, by granting right of way over state lands, regulating the disposition of state lands included in government irrigation projects, and authorizing county commissioners to accept and use stock subscription books of water users associations formed under the provisions of said congressional reclamation act. Approved March 9, 1905, 93 3108. Rights of way granted-Reservation in land patents. SECTION 1. There is hereby granted, over all the lands now or hereafter belonging to the state, a right of way for ditches, tunnels, and telephone and transmission lines, constructed by authority of the United States. All conveyances of state lands hereafter made shall contain a reservation of such right of way. 3109. Regulations concerning sale of state lands within irrigation projects-Sale to United States. SEC. 2. No lands belonging to the state, within the areas to be irrigated from works constructed or controlled by the United States or its duly authorized agencies shall hereafter be sold except in conformity with the classification of farm units by the United States, and the titles to such lands shall not pass from the state, until the applicant therefor shall have fully complied with the provisions of the laws of the United States and the regulations thereunder concerning the acquisition of the right to use water from such works and shall produce the evidence thereof duly issued. After the withdrawal of lands by the United States for any irrigation project, no application for the purchase of state lands within the limits of such withdrawal shall be accepted, except upon the conditions prescribed in this section. Any state lands needed by the United States for irrigation works shall be sold to the United States at the lowest price authorized by law. 3110. Duties of county commissioners-Water users associations-Stock subscriptions. SEC. 3. The county commissioners are hereby authorized to accept from water users associations organized in conformity with the requirements of the United States under the reclamation act, books containing printed copies of their articles of incorporation and forms of subscription to stock, and to use such books for recording the stock subscriptions of such association; and the charges for the recording thereof shall be made on the basis of the number of words actually written therein. An Act to authorize the government to contract for impounding, storing, and carriage of water, and to cooperate in the construction and use of reservoirs and canals under reclamation projects, and for other purposes. Approved February 21, 1911 3111. Contracts for excess water-Charges, how determined. Whenever in carrying out the provisions of the reclamation law, storage or carrying capacity has been or may be provided in excess of the requirements of the lands to be irrigated under any project, the secretary of the interior, preserving a first right to lands and entrymen under the project, is hereby authorized, upon such terms as he may determine to be just and equitable, to contract for the impounding, storage, and carriage of water to an extent not exceeding such excess capacity with irrigation systems operating under the act of August eighteenth, eighteen hundred and ninetyfour, known as the Carey act, and individuals, corporations, associations, and |