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AMENDMENT OF ACT RELATING TO ASSIGNMENT OF RECLAMA

TION HOMESTEAD ENTRIES

An act to amend the act of June 23, 1910, entitled "An act providing that entrymen for

homesteads within the reclamation projects may assign their entries upon satisfactory proof of residence, improvement, and cultivation for five years, the same as though said entry had been made under the original homestead act.' (Act May 8, 1916, ch. 114, 39 Stat. 65)

[Sec. 1. Assignment of homestead entries within reclamation projects Confirmation of certain assignments made between June 23, 1910, and January 1, 1913.]—That the act of June twenty-third, nineteen hundred and ten (Public, Two hundred and forty-three, Thirty-six Statutes, page five hundred and ninety-two), entitled "An act providing that entrymen for homesteads within reclamation projects may assign their entries upon satisfactory proof of residence, im. provement, and cultivation for five years, the same as though said entry had been made under the original homestead act,” is hereby amended by adding the following proviso:

Provided, That in the absence of any intervening valid adverse interests any assignment made between June twenty-third, nineteen hundred and ten, and January first, nineteen hundred and thirteen, of land upon which the assignor has submitted satisfactory final proof and the assignee purchased with the belief that the assignment was valid and under the act of June twenty-third, nineteen hundred and ten, is hereby confirmed, and the assignee shall be entitled to the land assigned as under the act of June twenty-third, nineteen hundred and ten, notwithstanding that said original entry was conformed to farm units and that the part assigned was canceled and eliminated from said entry prior to the date of final proof: Provided further, That all entries so assigned shall be subject to the limitations, terms, and conditions of the reclamation act and acts amendatory thereof or supplemental thereto, and all of said assignees whose entries are hereby confirmed shall, as a condition to receiving patent, make the proof heretofore required of assignees.” (39 Stat. 65.)

Textual note.-The substance of this act is codified as section 442, title 43, United States Code.

NOTE
Cross reference.-See notes under act June 23, 1910. (36 Stat. 592.)

192

WATER RIGHTS FOR SALT RIVER 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, 1917. (Act May 18, 1916, ch. 125, 39 Stat. 123)

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[Perpetual water rights from Salt River project for Salt River Indians—Reimbursement-Initial charges. ]—That the Secretary of the Interior is hereby authorized and directed to provide for water rights in perpetuity for the irrigation of six hundred and thirty-one Salt River Indian allotments of ten acres each, to be designated by the Commissioner of Indian Affairs, water from works constructed under the provision of the reclamation act and acts amendatory thereof or supplemental thereto: Provided, That the reclamation fund shall be reimbursed therefor upon terms the same as those provided in said act or acts for reimbursement by entrymen on lands irrigated by said works, and there is hereby appropriated $20,000, or so much thereof as may be necessary to pay the initial installment of the charges when made for said water. (39 Stat. 130.)

193

USE OF PROJECT REFUNDS

(Extract from) An act making appropriations for sundry civil expenses of the Govern.

ment for the fiscal year ending June 30, 1917, and for other purposes. (Act July 1, 1916, ch. 209, 39 Stat. 262)

[Certain project refunds credited to appropriations.]-All moneys refunded, except repayments of construction and operation and maintenance charges, under the provisions of the act shall be a credit to the appropriation for the project from or on account of which the collection is made and shall be available for expenditure in like manner as if said sum had been specifically appropriated for said project in this act. (39 Stat. 306.)

NOTE

Cross reference.-See item in appropriation act for 1918 under heading “Application of moneys refunded” (act of June 12, 1917, 40 Stat. 149).

194

EXCHANGE WITH SANTA FE RAILWAY COMPANY OF WATER FROM ELEPHANT BUTTE RESERVOIR FOR RIGHT OF WAY

An act to authorize the Secretary of the Interior to acquire certain right of way near

Engle, New Mexico. (Act July 8, 1916, ch, 227, 39 Stat. 351)

[Sec. 1. Conveyance of right of way by Santa Fe Railway Company to United States-Water to grantor Delivery-Reversion on abandonment.]—That the Secretary of the Interior be, and is hereby, authorized to receive on behalf of the United States from the Atchison, Topeka and Santa Fe Railway Company the conveyance of so much of said company's pipe-line right of way from a point near Engle, New Mexico, to_the Rio Grande River as will be flooded by the Elephant Butte Dam; and as the consideration for such conveyance the railway company shall be permitted to take from the water impounded above Elephant Butte Dam now under construction by the Reclamation Service, and which will flood such right of way, such quantity of water as the Secretary of the Interior may find to be necessary for the operation of said company's railway, but not exceeding thirty million gallons of water per month: Provided, That the Secretary of the Interior shall at all times have authority to determine the times, place, and manner in which said Atchison, Topeka and Santa Fe Railway Company shall be permitted to take such water from said reservoir, and that all expense incident thereto shall be borne by said railway company; Provided further, That neither the United States nor its successors in interest shall be held liable for or obligated to supply the water hereinbefore described, but in the event that the United States or its successors in interest shall abandon the use of the land upon which the said the Atchison, Topeka and Santa Fe Railway has its said right of way for a reservoir site as herein contemplated, said right of way, so far as the same may be conveyed to the United States hereunder, shall revert to the said railway company. (39 Stat. 351.)

ACCEPTANCE OF EXTENSION ACT

66

An act to amend section 14 of the reclamation extension act approved August 13, 1914.

(Act July 26, 1916, ch. 257, 39 Stat. 390) [Sec. 1. Acceptance of extension of payments to be made within six months—Upon showing, may be made later. ]—That section fourteen of an act entitled "An act extending the period of payment under reclamation projects, and for other purposes," approved August thirteenth, nineteen hundred and fourteen, be amended so as to read as follows:

Sec, 14. That any person whose land or entry has heretofore become subject to the reclamation law who desires to secure the benefits of the extension of the period of payments provided by this act shall, within six months after the issuance of the first public notice hereunder affecting his land or entry, notify the Secretary of the Interior in the manner to be prescribed by said Secretary, of his acceptance of all the terms and conditions of this act, and thereafter his lands or entry shall be subject to all of the provisions of this act: Provided, That upon sufficient showing the Secretary of the Interior may, in his discretion, permit notice of acceptance of all the terms and conditions of this act to be filed at any time after the time limit hereinbefore fixed for filing such acceptance shall have expired, conditioned, however, that where the applicant for such acceptance is in arrears on construction charges he shall at the time of acceptance pay such installments of the construction charge as he would have been required to pay had he accepted this act within the time limit hereinabove fixed plus the penalties that would have accrued had he so accepted, and such applicant shall thereafter be upon the same status that he would have been had he accepted the provisions of this act within the time limit hereinabove fixed, and thereafter the lands or entry of any such persons so filing such notice of acceptance shall be subject to all the provi sions of this act.” (39 Stat. 390.)

Textual note.—The substance of the above act is codified as sections 472 and 475, title 43. United States Code.

NOTES

Acceptances filed within six months from date of public notice.-Where previous water-right application, not under the extension act, has been recorded, the project manager (superintendent) will approve the acceptance and require the same to be placed of record. Where water-right application under the extension act has been approved no formal acceptance is necessary, as the execution of the application under the extension act is equivalent thereto. Upon approval by the project manager (superintendent) of such water-right application the same must be recorded if it covers private land or a reclamation homestead entry for which patent has issued. Where no water-right application bas been filed an acceptance of the terms of the extension act may be approved by the project manager (superintendent) but not recorded. In such a case

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