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Act of June 12, 1917—Moneys to be expended on projects from which
required during the war with Germany----
ground waters in Nevada -----
public lands in certain States and Territories to the construction of
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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all moneys received from the sale and disposal lamatkan fundes of public lands in Arizona, California, Colorado, Idaho, tablished from Kansas, Montana, Nebraska, Nevada, New Mexico, land receipts. North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June thirtieth, nineteen hundred and one,
Exception. 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 expendi- Support of as:
col. tures provided for in this Act: Provided, That in case the leges.
* Extended to Texas by the Act of June 12, 1906.
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," Deficiency, the deficiency, if any, in the sum necessary for the sup
port of the said colleges shall be provided for from any
moneys in the Treasury not otherwise appropriated. Location and
SEC. 2. That the Secretary of the Interior is hereby irrigation works. authorized and directed to make examinations and sur
veys 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 Estimates of the results of such examinations and surveys, giving esti
mates 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 com
pleted. drawn from pub
Sec. 3. That the Secretary of the Interior shall, before lic entry. giving the public notice provided for in section four of
this Act, withdraw from public entry the lands required
for any irrigation works contemplated under the proRestoration. , visions of this Act, and shall restore to public entry any Eet midis irri. 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 Homestead en- works: Provided, That all lands entered and entries made tries.
under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the pro
visions, limitations, charges, terms, and conditions of Surveys, costs, 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
: Not subject to entry until water is available; see the acts of June 26, 1910, Feb. 18, 1911, and Aug. 13, 1914.
works shall be subject to entry only under the provisions of the homestead laws in tracts of not less than forty 3 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 pro Commutation visions of the homestead laws shall not apply to entries made under this Act.
Sec. 4. That upon the determination by the Secretary Contracts. 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 ir.. Public notice of
irrigable lands, rigable under such project, and limit of area per entry, charges, etc. 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: Pro- he Limit of work vided, That in all construction work eight hours shall Mongolian laconstitute a days' work, and no Mongolian labor shall be bor. employed thereon. SEC. 5.5 That the entryman upon lands to be irrigated Requirements
of entrymen. 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 four. No right. Limit for lands
in private owner. to the use of water for land in private ownership shall be ship sold for a tract exceeding one hundred and sixty acres to any one landowner, and no such sale shall be made to any landowner 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 Payments. 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 cancellation, with the for3 See the act of June 27, 1906, for fruit and garden lands.
Term of payments extended to 20 years by act of Aug. 13, 1914, 5 Manner of payments, amended by act of Aug. 9, 1912. . Suspended by the act of Aug. 10, 1917. ? To be paid to officer of Reclamation Service; see act of Aug. 9, 1912.
Use of recla
feiture of all rights under this Act, as well as of any Disposal of re- moneys already paid thereon. All moneys received from ceipts.
the above sources shall be paid into the reclamation fund. Commissions. Registers and receivers shall be allowed the usual com
missions on all moneys paid for lands entered under this Act.
SEC. 6. That the Secretary of the Interior is hereby mation fund.
authorized and directed to use the reclamation fund for the operation and maintenance of all reservoirs and irri
gation works constructed under the provisions of this Ownership of 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. Condemnation
Sec. 7. That where in carrying out the provisions of for rights, etc.
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. Irrigation laws of States and
Sec. 8. That nothing in this Act shall be construed as Territories not al. 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, Interstate and the Secretary of the Interior, in carrying out the streams.
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 landowner, appropriator, or user of water in, to, or
from any interstate stream or the waters thereof: ProBasis of use. vided, 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. Expenditure of Sec. 9.5 That it is hereby declared to be the duty of funds.
the Secretary of the Interior in carrying out the provisions of this Act, so far as the same may be practicable
* Sec. 9 repealed by act of June 25. 1910.
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 hereinbefore 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 bereinbefore 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 Equalization of and Territories shall be equalized according to the proportions and subject to the conditions as to practicability and feasibility aforesaid.
Sec. 10. That the Secretary of the Interior is hereby Regulations. 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.
Approved, June 17, 1902 (32 Stat. 388).
Use of stone, etc., on public
An Act Authorizing the use of earth, stone, and timber on the public
lands and forest reserves of the United States in the construction of works under the national irrigation law.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in carrying out the provisions of the national irrigation law, approved June seventeenth, nine- lands for irrigateen hundred and two, and in constructing works there- tion works. under, the Secretary of the Interior is hereby authorized to use and to permit the use by those engaged in the construction of works under said law, under rules and regulations to be prescribed by him, such earth, stone, and timber from the public lands of the United States as may be required in the construction of such works, and the Secretary of Agriculture is hereby authorized to permit the use of earth, stone, and timber from the forest reserves of the United States for the same purpose, under rules and regulations to be prescribed by him.
Approved, February 8, 1905 (33 Stat. 706).
An Act Authorizing the changing of levels of certain lakes and the
disposal of certain lands under the terms of the national reclamation Act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemBled, That the Secretary of the Interior is hereby authorized in carrying out any irrigation project that may be undertaken by him under the terms and conditions of the national reclamation Act and which may involve the