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SALE OF TOWN-SITE LANDS AT NEWELL, S. DAK.

An act authorizing the Secretary of the Interior to sell the unsold and unappropriated

portions of lands within the town site of Newell, 8. Dak., and for other purposes. (Act September 8, 1916, ch. 477, 39 Stat. 852)

[Sec. 1. Certain town-site lands in Newell, S. Dak., reserved for Belle Fourche project-Remaining lands to be appraised and sold.]—That the Secretary of the Interior be, and he is hereby, authorized and directed to reserve and set apart such portions of the unsold and unappropriated lands within the town site of Newell, Butte County, South Dakota, as he deems necessary for administrative purposes in connection with the Belle Fourche irrigation project, and after subdividing the remaining portions of such lands into tracts that in his judgment would render the same most salable, and, appraising the reasonable value of each such tracts, sell the same, for not less than the appraised value, at public auction to the highest bidder, on such terms and under such rules and regulations as he may establish. (39 Stat. 852.)

Sec. 2. ($15,000 of proceeds to be special domestic water-supply fund for Newell—Balance to reclamation fund.]—That of the proceeds of such sales, after deducting all expenses incurred in the subdivision, appraisement, and sale of said lands, an amount not exceeding $15,000 shall be covered into the Treasury of the United States in a special fund available only for expenditure by the Secretary of the Interior to provide or assist in providing the said town of Newell, Butte County, South Dakota, an adequate system of water supply for domestic purposes, under such terms and conditions as may be provided by the Secretary of the Interior, or for such other and further public improvements as the Secretary of the Interior and the municipal authorities of said town may agree upon. The net proceeds of such sale in excess of $15,000, if any there be, shall be covered into the Treasury of the United States and credited to the reclamation fund in accordance with existing law for the sale of town sites on reclamation projects. (39 Stat. 852.)

Sec. 3. (Authority to make rules and regulations. ]—That the Secretary of the Interior is hereby authorized to make such rules and regulations as may be necessary for carrying into effect the provisions of this act. (39 Stat. 853.)

AUXILIARY RECLAMATION PROJECT AT YUMA An act to provide for an auxiliary_reclamation project in connection with the Yuma

project, Arizona. (Act January 25, 1917, ch. 20, 39 Stat. 868) [Sec. 1. Certain lands to be set apart and sold-Sale of water rightsLimitation as to works and water delivery-Determination of value and costs by Secretary of the Interior.]—That the Secretary of the Interior is hereby authorized to set apart any lands in the State of Arizona heretofore or hereafter withdrawn under the reclamation law, in connection with the Yuma reclamation project, as an auxiliary reclamation project or unit, and sell, in tracts of such size as he may determine of not more than one hundred and sixty acres to any one purchaser, the lands so set apart and believed to be susceptible of irrigation, at public sale under suitable regulations, for not less than the reasonable value per acre of the land plus the estimated cost per acre of reclamation works to be constructed for the reclamation of said lands so set apart plus the proportionate cost per acre of the works previously constructed and available therefor. That appurtenant water rights for lands in private ownership may be sold for not to exceed one hundred and sixty acres to any one person at a price equal to the estimated cost per acre of the works to be constructed plus the proportionate cost per acre of the works previously constructed and available for the lands, if any there be, payment to be made under the same terms as for public land under the provisions of section two. Final water-right certificate shall not be issued to such private land until payment has been made in full. No works shall be constructed nor water delivered through any of the works of the Yuma project for the irrigation of any such private lands unless application has been made to purchase a water right for such land under the terms and provisions of this section. The Secretary of the Interior, at or prior to the time of sale, shall fix and determine (a) the reasonable value of the land per acre; (b) the estimated cost per acre of the works to be constructed; and (c) the proportionate cost per acre of the works previously constructed and available for the lands offered for sale. (39 Stat. 868.)

NOTES Cross reference.--Public resolution No. 51 of February 21, 1923 (43 Stat. 962). authorized an appropriation for operation and maintenance and completion of construction of the irrigation system of the Yuma auxiliary project.

Regulations.-See departmental public notice and regulations, October 3, 1919, providing for sale of lands in the first Mesa unit, December 10, 1919, fixing the reasonable value of the land at $25 per acre, the estimated cost of reclamation works hereafter to be constructed for the lands at $160 per irrigable acre, and the proportionate cost of reclamation works previously constructed for the Yuma project and available for said lands at $10 per irrigable acre.

Transfer of water right.—There is no authority of law and no regulation under the Yuma auxiliary enactment authorizing the transfer to the Uniteil States of a patented tract of land located within the limits of the Yuma auxiliary project on condition that the purchase price of the reconveyed tract shall be applied upon the operation and maintenance charge of a tract of land held by the grantor (Henry P. Bockrath, 53 I. D. 617). See notes following act of Feb. 11, 1918.

AUXILIARY RECLAMATION PROJECT AT YUMA

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Sec. 2. [Requirements of bidders-Methods of sale—Terms of purchase-Issue of patents—Preference rights-Return of actual cost of irrigation works required.]—That all bidders at such public sale shall be required to make a deposit of ten per centum of the amount bid for the tract proposed to be purchased, and upon notice from the Secretary of the Interior that such bid has been accepted shall be required to pay fifteen per centum additional within sixty days after such notice. In case of failure to do so the deposit shall be forfeited and the corresponding lands shall be available for further sale. In case the bids for the lands shall not aggregate a sufficient amount within six months from the time fixed for the filing of bids to meet the probable cost as announced, all deposits shall be returned. The remaining seventy-five per centum of the purchase price shall be paid in three annual installments, with interest at six per centum per annum on deferred payments until paid, running from the date of notice to pay the additional fifteen per centum, but advance payments may be received at any time. Upon full payment of the purchase price patent shall issue for the lands, and no qualification or limitation shall be required of any purchaser or patentee except that he be a citizen of the United States. Such patent shall also contain a grant of a water right appurtenant to the land: Provided, That any person who has made an entry which is now valid and subsisting, or who has a preference right to make entry, for any irrigable land embraced within the limits of the auxiliary project, may purchase said land at the price of $2.50 per acre and shall be subject to the same payments for the irrigation works as is required of persons holding private lands under the provisions of section one hereof: Provided further, That the purchasers or owners of the land to be irrigated under said auxiliary reclamation project shall also agree to pay to the United States the total actual cost of the works of said auxiliary reclamation project in the event that the actual cost of said works shall exceed the estimated cost thereof. (39 Stat. 869.)

NOTES

Qualifications of purchasers.—Under this act no qualification or limitation shall be required of any purchaser or patentee of public land except that he be a citizen of the United States. A corporation can not become a purchaser of public land at the sale. A purchaser is not required to live on or in the neighborhood of the land purchased. One who now holds lands under a Federal irrigation project is not barred from becoming a purchaser. (Departmental regulations, October 3, 1919.)

Section 2 of this act, which imposes the qualification of citizenship upon "any purchaser or patentee” of lands within the Yuma Auxiliary project, Arizona, did not contemplate the restriction of the right of original entry or purchase to native born or to those who had theretofore become citizens, but the conditions of the statute as to citizenship are sufficiently met if, at the time of the issuance of patent, the patentee is a citizen of the United States. (Departmental instructions, October 18, 1921. 48 L. D. 235.) See note on preceding page entitled "Transfer of water right."

Sec. 3. [Auxiliary reclamation fund.]—That the moneys received under the provisions of this act shall be paid into the Treasury of the United States and be covered into a separate fund known as the auxiliary reclamation fund of the Yuma project, Arizona.

(39 Stat. 869.)

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AUXILIARY RECLAMATION PROJECT AT YUMA

Sec. 4. (Use of fund-Payment of charges Operation and maintenance of works to be turned over to landowners.]—That the money in the said auxiliary reclamation fund of the Yuma project, Arizona, shall be available for the construction or completion of irrigation works for the said auxiliary project or unit [to the extent of the moneys received on account thereof in connection with the sale of the lands therein). The landowners shall pay the cost of operation and maintenance, and the charges to cover such cost as fixed by the Secretary of the Interior shall be paid each year in advance of the delivery of water. Upon the announcement by the Secretary of the Interior of the completion of the said auxiliary project or unit thereof, the operation, and maintenance of the irrigation works shall, as soon as practicable, be turned over to an organization representing a majority of the landowners, to be operated and maintained by them at their expense in accordance with a contract therefor to be made with the Secretary of the Interior. (39 Stat. 869.)

NOTES

Repeal.-The last clause of the first sentence of section 4, which clause is shown in brackets, was repealed by act of February 11, 1918 (ch. 16, 40 Stat. 437).

Disposition of receipts from sale of lands.-Under above act as amended by act of February 11, 1918 (40 Stat. 437), moneys received from the sale of public lands under the Yuma Mesa auxiliary project may be utilized for the construction of the irrigation works of said project, but reimbursement therefor must be made by the landowners to the auxiliary reclamation fund. Congress failed to make provision for the final disposition of these moneys and they must remain in said auxiliary reclamation fund after repayment, subject to such disposition as Congress may in the future make. (Comp. Dec., May 10, 1921, and July 6, 1921.)

Sec. 5. [Application of surplus funds. ]—Any surplus of funds paid on account of construction remaining after completion thereof, and that any money remaining in said separate fund known as the auxiliary reclamation fund of the Yuma project, Arizona, after completion of the said auxiliary project and after reimbursement of the reclamation fund for the proportionate share of works built by means of the latter fund shall be credited to the cost of operation and maintenance of the works of the said auxiliary project, and any balance thereof on hand when the said auxiliary project is taker over, as provided in section four, shall be paid to the contracting organization. (39 Stat. 869.)

Sec. 6. [Reclamation law applicable.]—That the provisions of the reclamation act of June seventeenth, nineteen hundred and two, and acts amendatory thereof and supplementary thereto, known as the reclamation law, shall be applicable to such auxiliary project, except any portions of such acts as may be in conflict with the provisions hereof. (39 Stat. 870.)

Sec. 7. [Rules and regulations.]—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 fulī force and effect. (39 Stat. 870.)

PATENTS AND FINAL WATER-RIGHT CERTIFICATES

An act to amend section one of the act of August 9, 1912, providing for patents on recla

mation entries, and for other purposes. (Act February 15, 1917, ch. 71, 39 Stat. 920)

[Sec. 1. Issue of patents and final water-right certificates

Payment in full required.]-That the proviso to section one of the act of August ninth, nineteen hundred and twelve (Thirty-seventh Statutes, page two hundred and sixty-five), entitled "An act providing for patents on reclamation entries, and for other purposes," be amended to read as follows:

Provided, That no such patent or final water-right certificate shall issue until after the payment of all sums due the United States on account of such land or water right at the time of the submission of proof entitling the homestead or desert-land entryman to such patent or the purchaser to such final water-right certificate." (39 Stat. 920.)

Textual note.-The substance of this act is codified as the proviso of section 1 of the act of August 9, 1912, section 541, title 43, United States Code, being a codification of section 1 of said act of August 9, 1912, as amended by the above act of February 18, 1917.

NOTES Regulations.-Under the provisions of this act patents may issue on reclamation entries where all water-right charges due at the time the entryman submits proof of reclamation of one-half of the irrigable area of the land embraced in his entry have been paid, regardless of the fact that other waterright charges may accrue and be unpaid prior to the issuance of patent. (General Land Office circular No. 534, March 17, 1917.)

When entryman's interest taxable.-Under act of August 13, 1914, (38 Stat. 686), making the charges for reclamation of arid lands payable in installments, act of August 9, 1912 (37 Stat. 265), and act of February 15, 1917, 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 llen 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. (Irroin v. Wright (1922), 42 S. Ct. 293, 258 U. S. 219, 66. L. Ed. 573.)

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