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PATENTS AND WATER-RIGHT CERTIFICATES, ETC.

in every patent and water-right certificate issued by the United States under the provisions of this act. (37 Stat. 266.)

Textual note.-The substance of this section is embodied in section 543 and section 544, title 43, United States Code.

NOTES

Limitations as to lands and water rights.-Under the proviso to this section no person shall, at any one time, acquire or own a water right, or be furnished water on account of a water right acquired from the United States, in excess of such quantity as may be necessary for the proper irrigation of one arm unit, as fixed by the Secretary of the Interior, unless all installments contracted to be paid on the additional supply to be purchased shall first be paid in full, and the water right purchased for the lands in excess of one unit shall be limited to a supply sufficient for 160 acres. (Amaziah Johnson, 42 L. D. 542.)

The limitations in this section as to the area of lands for which water right may be acquired or owned by any one person have reference to irrigable lands only. (Idem.)

No one can at the same time hold and obtain water rights for both a farm unit of public land and a tract of privately owned land unless the installments on water right, either for the farm unit or for the private lands not exceeding 160 acres, have been paid in full. (Keebaugh and Cook, 42 L. D. 543.)

A person who holds a farm unit shall not be permitted before full payment has been made on the appurtenant water right to acquire other lands with appurtenant water rights unless the water-right charges on the latter have been fully paid; similarly a person may hold private lands with appurtenant water rights up to the limit of single ownership fixed for a project in one or more parcels before full payment of the water-right charge, but may not acquire other lands with appurtenant water rights unless the water-right charges thereon have been paid in full. (Secretary's instructions, July 22, 1914, 43 L. D. 339–341. Departmental instructions of July 1, 1920, amend paragraph 41 of general reclamation circular of May 18, 1916 (45 L. D. 385, 394). See C. L. 911, July 6, 1920, or 47 L. D. 417.)

Where one who has entered into a contract to purchase privately owned lands, title remaining in the vendor, files water-right application and makes payments on account of the construction or building charge, and all rights of the vendee under the contract are reacquired by the vendor, the latter is entitled to receive credit for such payments and to complete the same upon showing proper qualifications to acquire and hold, notwithstanding that the transfer was the result of voluntary action instead of foreclosure proceedings; provided, however, that if the original vendor is not so qualified he must within two years from reacquisition of the land, dispose of such excess holding as directed by paragraph 76 of the departmental regulations of May 18, 1916. (John Mulligan, 49 L. D. 155.)

See note under section 1, act of June 27, 1906 (34 Stat. 519), citing the First Assistant Secretary's decision, dated March 24, 1930, regarding subdivision of lands.

The prohibition in section 3 of the act of August 9, 1912, against holding lands within reclamation entries in excess of 160 acres acquired by descent, will, or foreclosure for a longer period than 2 years has no application to irrigation districts bidding in lands under the acts of August 11, 1916, and May 15, 1922, but section 6 of the former act fixes the procedure as to them. (Glen L. Kimmel and Goshen Irrigation District, 53 I. D. 658.)

See note entitled "Excess acreage," following Section 2, act of Feb. 21, 1911. After an irrigation district has bid in delinquent lands at a tax sale, it should be allowed a reasonable time in which to convey the land to a person qualified to receive patent. (Decision of Assistant Secretary, July 17, 1933.)

Sec. 4. [United States fiscal agents upon projects-Public record of payments to be kept-Authenticated copies of records to be furnished.]That the Secretary of the Interior is hereby authorized to designate such bonded fiscal agents or officers of the Reclamation Service as

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PATENTS AND WATER-RIGHT CERTIFICATES, ETC.

he may deem advisable on each reclamation project to whom shall be paid all sums due on reclamation entries or water rights, and the officials so designated shall keep a record for the information of the public of the sums paid and the amount due at any time on account of any entry made or water right purchased under the reclamation act; and the Secretary of the Interior shall make provision for furnishing copies of duly authenticated records of entries upon payment of reasonable fees, which copies shall be admissible in evidence, as are copies authenticated under section eight hundred and eightyeight of the Revised Statutes. (37 Stat. 267.)

Textual note.-Codified as section 545, title 43, United States Code, the word "That" at the beginning being omitted and the words "section eight hundred and eighty-eight of the Revised Statutes" being changed to "section 669 of chapter 17 of title 28, Judicial Code and Judiciary."

NOTES

See C. L. 1236, July 9, 1923, regarding changes in designations of certain officials of the Reclamation Service and change of the name of the bureau.

Sec. 5. [United States district courts given jurisdiction.]—That jurisdiction suits by the United States for the enforcement of the provisions of this act is hereby conferred on the United States district courts of the districts in which the lands are situated. (37 Stat. 267.) Textual note. This section is codified as section 546, title 43, United States Code, the first word "That" being omitted; and "this act" reading "the five preceding sections."

GRANT OF LAND FOR SCHOOL PURPOSES IN SHOSHONE IRRIGATION PROJECT

An act making a grant of lands for school purposes in block numbered thirty-one, town site of Powell, Shoshone reclamation project, Wyoming. (Act August 21, 1912, ch. 319, 37 Stat. 322)

[Sec. 1. Grant of block for school purposes.]-That the Secretary of the Interior is hereby authorized and directed to issue patent conveying block thirty-one, town site of Powell, on Shoshone reclamation project, Wyoming, to school district numbered two, Park County, Wyoming. (37 Stat. 322.)

NOTES

Cross reference.-See act of October 31, 1919 (41 Stat. 326), which gives the Secretary of the Interior general authority to convey public lands in reclamation town sites for school purposes.

141

PATENTS AND WATER-RIGHT CERTIFICATES FOR DESERT-LAND ENTRYMEN ON RECLAMATION PROJECTS

[Extract from] An act making appropriations to supply deficiencies in appropriations for the fiscal year 1912, and for prior years, and for other purposes. (Act August 26, 1912, ch. 408, 37 Stat. 595)

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[Patents to desert-land entrymen within reclamation projects-Proof required.]-That any desert-land entryman whose desert-land entry has been embraced within the exterior limits of any land withdrawal or irrigation project under the act of June seventeenth, nineteen hundred and two, known as the reclamation act, and who may have obtained a water supply for the land embraced in any such desertland entry from the reclamation project by the purchase of a waterright certificate, may at any time after having complied with the provisions of the law applicable to such lands and upon proof of the cultivation and reclamation of the land to the extent required by the reclamation act for homestead entrymen, submit proof of such compliance, which proof, if found regular and satisfactory, shall entitle the entryman to a patent and a final water-right certificate under the same terms and conditions as required of homestead entrymen under the act entitled "An act providing for patents on reclamation entries, and for other purposes, approved August ninth, nineteen hundred and twelve." (37 Stat. 610.)

[blocks in formation]

Textual note. The above provision of the act of August 26, 1912 (37 Stat. 610), is codified as section 547, title 43, United States Code, reference to previous legislation being made in the language used in the code, instead of as above.

NOTES

Cross reference.-See note under act August 9, 1912 (37 Stat. 265).

142

EIGHT-HOUR LAW

An act relating to the limitation of the hours of daily service of laborers and mechanics employed upon a public work of the United States and of the District of Columbia, and of all persons employed in constructing, maintaining, or improving a river or harbor of the United States and of the District of Columbia. (Act of March 3, 1913, 37 Stat. 726)

[Act of Aug. 1, 1892, 27 Stat. 340, amended.]-That sections one, two, and three of an Act entitled "An Act relating to the limitation of the hours of daily service of laborers and mechanics employed upon the public works of the United States and of the District of Columbia" be amended to read as follows:

SECTION 1. [Unlawful to employ laborers or mechanics in dredging or rock excavation more than eight hours in any one day-Act not applicable unless employee directly operating dredging or rock excavating machinery.]-That the service and employment of all laborers and mechanics who are now, or may hereafter, be employed by the Government of the United States or the District of Columbia, or by any contractor or subcontractor, upon a public work of the United States or of the District of Columbia, and of all persons who are now, or may hereafter be, employed by the Government of the United States or the District of Columbia, or any contractor or subcontractor, to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, is hereby limited and restricted to eight hours in any one calendar day; and it shall be unlawful for any officer of the United States Government or of the District of Columbia, or any such contractor or subcontractor whose duty it shall be to employ, direct, or control the services of such laborers or mechanics or of such persons employed to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, to require or permit any such laborer or mechanic or any such person employed to perform services similar to those of laborers and mechanics in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia, to work more than eight hours in any calendar day, except in case of extraordinary emergency: Provided, That nothing in this Act shall apply or be construed to apply to persons employed in connection with dredging or rock excavation in any river or harbor of the United States or of the District of Columbia while not directly operating dredging or rock excavating machinery or tools, nor to persons engaged in construction or repair of levees. or revetments necessary for protection against floods or overflows on the navigable rivers of the United States.

SEC. 2. [Violation of Act by Officer or Contractor Punishable.]- That any officer or agent of the Government of the United States or of

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