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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)

* [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 hav 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 á 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.)

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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).

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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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the District of Columbia, or any contractor or subcontractor whose duty it shall be to employ, direct, or control any laborer or mechanic employed upon a public work of the United States or of the District of Columbia, or any 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, who shall intentionally violate any provision of this Act, shall be deemed guilty of a misdemeanor, and for each and every such offense shall, upon conviction, be punished by a fine not to exceed one thousand dollars, or by imprisonment for not more than six months, or by both such fine and imprisonment, in the discretion of the court having jurisdiction thereof.

SEC. 3. [Existing Contracts Not Affected by Act.]—That the provisions of this Act shall not be so construed as to in any manner ap

to or affect contractors or subcontractors, or to limit the hours of daily service of laborers or mechanics engaged upon a public work of the United States or of the District of Columbia, or 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, for which contracts have been entered into prior to the passing of this Act or may be entered into under the provisions of appropriation Acts approved prior to the passage of this Act.

SEC. 4. That this Act shall become effective and be in force on and after March first, nineteen hundred and thirteen.

NOTE

The eight-hour law is codified in U. S. C., title 40, ch. 5, secs. 321-326. See also act of August 1, 1892, and act of July 19, 1912.

SETTLEMENT OF WATER RIGHTS OF YAKIMA INDIANS

(Extract from] An act making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1915. (Act August 1, 1914, ch. 222, 38 Stat. 582)

[Additional water to Yakima Indians-Apportionment—Payment of first installment_Plan for distribution, etc., to be submitted to Congress. ]It appearing by the report of the Joint Congressional Commission, created under section twenty-three of the Indian appropriation act, approved June thirtieth, nineteen hundred and thirteen (Senate Document Numbered Three hundred and thirty-seven, Sixty-third Congress, second session), that the Indians of the Yakima Reservation in the State of Washington, have been unjustly deprived of the portion of the natural flow of the Yakima River to which they are equitably entitled for the purposes of irrigation, having only been allowed one hundred and forty-seven cubic feet per second, the Secretary of the Interior is hereby authorized and directed to furnish at the northern boundary of said Yakima Indian Reservation, in perpetuity, enough water, in addition to the one hundred and fortyseven cubic feet per second heretofore allotted to said Indians, so that there shall be, during the low-water irrigation season, at least seven hundred and twenty cubic feet per second of water available when needed for irrigation, this quantity being considered as equivalent to and in satisfaction of the rights of the Indians in the low-water flow of Yakima River and adequate for the irrigation of forty acres on each Indian allotment; the apportionment of this water to be made under the direction of the Secretary of the Interior, and there is hereby authorized to be appropriated the sum of $635,000 to pay for said water to be covered into the reclamation fund; the amount to be appropriated annually in installments upon estimates certified to Congress by the Secretary of the Treasury. One hundred thousand dollars is hereby appropriated to pay thế first installment of the amount herein authorized to be expended, and the Secretary of the Interior is hereby directed to prepare and submit to Congress the most feasible and economical plan for the distribution of said water upon the lands of said Yakima Reservation, in connection with the present system and with a view to reimbursing the Government for any sum it may have expended or may expend for a complete irrigation system for said reservation. (38 Stat. 604.)

RECLAMATION EXTENSION ACT

An act extending the period of payment under reclamation projects, and for other pur

poses. (Act August 13, 1914, ch. 247, 38 Štat. 686) [Sec. 1. Payments of construction charges under future rights—Entry subject to announcement.]—That any person whose lands hereafter become subject to the terms and conditions of the act approved June seventeenth, nineteen hundred and two, entitled "An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works

reclamation of arid lands,” and acts amendatory thereof or supplementary thereto, hereafter to be referred to as the reclamation law, and any person who hereafter makes entry thereunder shall at the time of making water-right application or entry, as the case may be, pay into the reclamation fund five per centum of the construction charge fixed for his land as an initial installment, and shall pay the balance of said charge in fifteen annual installments, the first five of which shall each be five per centum of the construction charge and the remainder shall each be seven per centum until the whole amount shall have been paid. The first of the annual installments shall become due and payable on December first of the fifth calendar year after the initial installment: Provided, That any water-right applicant or entryman may, if he so elects, pay the whole or any part of the construction charges owing by him within any shorter period: Provided further, That entry may be made whenever water is available, as announced by the Secretary of the Interior, and the initial payment be made when the charge per acre is established. (38 Stat. 686.)

Textual note. --The substance of this section is codified in sections 472 and 471, title 43, United States Code.

NOTES Amendment.--Sections 1, 2, 3, 5, and 6 of this act amended by act of May 15, 1922 (42 Stat. 541). See department opinion of September 29, 1923, 50 L. D. 142.

Sections 1 and 2 amended by acts December 5, 1924 (43 Stat. 703) and May 25, 1926 (44 Stat. 636).

See notes under section 1, act of May 15, 1922 (42 Stat. 541).

When lands are taxable by State.- Under this act, making the charges for reclamat'on of arid lands payable in installments, act of August 9, 1912 (37 Stat. 267), and act of February 15, 1917 (39 Stat. 920), allowing a patent for such lands on payment of all installments due at the time of final proof, which patent conveys a full legal title but reserves a prior lien to the Government for all installments unpaid, an entryman who has received a patent subject to the lien can be taxed by the State on his interest in such lands. (Iruin v. Wright (Ariz. 1922), 42 S. Ct. 293, 258 U. S. 219, 66 L. Ed., 573.)

Lands affected.-Upon acceptance of the extension act by the filing of a waterright application, or otherwise, the following described lands become subject to the provisions of section 1 of said act, to wit: (a) Land in private ownership which was not made subject to the reclamation law prior to August 13, 1914; (b) public land entered not subject to the reclamation law and not sub

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