ceipts. feiture of all rights under this Act, as well as of any Disposal of re moneys already paid thereon. All moneys received from the above sources shall be paid into the reclamation fund. Commissions. Registers and receivers shall be allowed the usual commissions on all moneys paid for lands entered under this Act. Use of reclamation fund. works. SEC. 6. That the Secretary of the Interior is hereby authorized and directed to use the reclamation fund for the operation and maintenance of all reservoirs and irrigation 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. Title. Condemnation for rights, etc. Irrigation laws of States and fected. streams. SEC. 7. That where in carrying out the provisions of 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. SEC. 8. That nothing in this Act shall be construed as Territories not af 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 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: Prorided, 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. Basis of use. Expenditure of funds. SEC. 9. That it is hereby declared to be the duty of 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 Temporary use. such portion of said funds for the benefit of arid or semiarid lands in any particular State or Territory hereinbefore 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. benefits. 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). 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. Use of stone, etc., on public tion works. 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 thereunder, 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 math, Rhett, and Levels may be raised. Little Kla changing of the levels of Lower or Little Klamath Lake, Goose Lakes, etc., Tule or Rhet Lake, and Goose Lake, or any river or Oreg. and Calif. other body of water connected therewith, in the States of Oregon and California, to raise or lower the level of Disposal of re- said lakes as may be necesssary and to dispose of any lands which may come into the possession of the United States as a result thereof by cession of any State or otherwise under the terms and conditions of the national reclamation Act. claimed lands. Approved, February 9, 1905 (33 Stat. 714). An Act To authorize the Secretary of the Interior to construct dams across the Yellowstone River in Montana in connection with irrigation works. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That where, in carrying out projects under the provisions of the national reclamation Act, it shall be necYellow stone essary to construct dams in or across the Yellowstone Dams under River in the State of Montana, the Secretary of the Inreclamation act. terior is hereby authorized to construct and use and operate the same in the manner and for the purposes contemplated by said reclamation Act. River, Mont. sales, etc., to be reclamation fund. Approved, March 3, 1905 (33 Stat. 1045). An Act To provide for the covering into the reclamation fund certain proceeds of sales of property purchased by the reclamation fund. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemProceeds from bled, That there shall be covered into the reclamation covered into the fund established under the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, the proceeds of the sales of material utilized for temporary work and structures in connection with the operations under the said Act, as well as of the sales of all other condemned property which had been purchased under the provisions thereof, and also any moneys refunded in connection with the operations under said reclamation Act.9 Lease of surplus power. Approved, March 3, 1905 (33 Stat. 1032). An Act Providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes. SEC. 5. That whenever a development of power is necessary for the irrigation of lands under any project undertaken under the said reclamation Act, or an opportunity is afforded for the development of power under any such project, the Secretary of the Interior is author For the sale of lands, see the acts of Feb. 2, 1911, and May 20, 1920. ized to lease for a period not exceeding ten years, giving Term. preference to municipal purposes, any surplus power or power privilege, and the moneys derived from such leases shall be covered into the reclamation fund and be Disposal of proplaced to the credit of the project from which such ceeds. power is derived: Provided, That no lease shall be made. Impairment of of such surplus power or power privilege as will impair ects prohibited. the efficiency of the irrigation project." 10 Approved, April 16, 1906 (34 Stat. 116). An Act To extend the irrigation Act to the State of Texas. irrigation proj Reclama ti on Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the provisions of the Act entitled "An Act act extended to appropriating the receipts from the sale and disposal Texas. of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June seventeenth, nineteen hundred and two, be, and the same are hereby, extended so as to include and apply to the State of Texas. Approved, June 12, 1906 (34 Stat. 259). An Act Providing for the subdivision of lands entered under the reclamation Act, and for other purposes. Area for fruit and garden lands. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever, in the opinon of the Secretary of the Interior, by reason of market conditions and the special fitness of the soil and climate for the growth of fruit and garden produce, a lesser area than forty acres may be sufficient for the support of a family on lands to be irrigated under the provisions of the Act of June seventeenth, nineteen hundred and two, known as the reclamation Act, he may fix a lesser area than forty acres as the minimum entry and may establish farm units of not less than ten nor more than one hundred and sixty acres. That wherever it may be necessary, for the pur- Subdivision pose of accurate description, to further subdivide lands to be irrigated under the provisions of said reclamation Act, the Secretary of the Interior may cause subdivision surveys to be made by the officers of the reclamation service, which subdivisions shall be rectangular in form, except in cases where irregular subdivisions may be necessary in order to provide for practicable and economical irrigation. Such subdivision surveys shall be noted upon the tract books in the General Land Office, and they shall be paid for from the reclamation fund: Provided, That Entry of lesser an entryman may elect to enter under said reclamation Act a lesser area than the minimum limit in any State or Territory. 10 Amended by the act of Feb. 24, 1911. Also see the act of Feb. 21, 1911, and the act of Feb. 25, 1920. surveys. areas. tries for relin Additional en- SEC. 2. That wherever the Secretary of the Interior, in quished lands. carrying out the provisions of the reclamation Act, shall acquire by relinquishment lands covered by a bona fide unperfected entry under the land laws of the United States, the entryman upon such tract may make another and additional entry, as though the entry thus relinquished had not been made. Desert-land en tries. time within proof. tion project abandoned. SEC. 5. That where any bona fide desert-land entry has been or may be embraced within the exterior limits of any land withdrawal or irrigation project under the Act 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 for the reclamation of arid lands," approved June seventeenth, nineteen hundred and two, and the desert-land entryman has been or may be directly or indirectly hindered, delayed, or prevented from making improvements or from reclaiming the land embraced in any such entry by reason of such land withdrawal or irrigation project, the time during which the desert-land entryman has been or may Extension of be so hindered, delayed, or prevented from complying which to submit with the desert-land law shall not be computed in determining the time within which such entryman has been or may be required to make improvements or reclaim the When irriga land embraced within any such desert-land entry: Provided, That if after investigation the irrigation project has been or may be abandoned by the Government, time for compliance with the desert-land law by any such entryman shall begin to run from the date of notice of such abandonment of the project and the restoration to the public domain of the lands withdrawn in connection therewith, and credit shall be allowed for all expenditures and improvements heretofore made on any such Relinquishment desert-land entry of which proof has been filed; but if project completed. the reclamation project is carried to completion so as to make available a water supply for the land embraced in any such desert-land entry, the entryman shall thereupon comply with all the provisions of the aforesaid Act of June seventeenth, nineteen hundred and two, and shall relinquish all land embraced within his desert-land entry in excess of one hundred and sixty acres, and as to such one hundred and sixty acres retained, he shall be entitled to make final proof and obtain patent upon compliance with the terms of payment prescribed in said Act of June seventeenth, nineteen hundred and two, and not Owners of wa- otherwise. But nothing herein contained shall be held to require a desert-land entryman who owns a water right and reclaims land embraced in his entry to accept the conditions of said reclamation act.11 of excess area if ter rights. Approved, June 27, 1906 (34 Stat. 519). For assignments see the act of July 24, 1912, and for patents see the Act of Aug. 26, 1912. |