The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-05

which to submit a satisfactory pro-
posal- Should such application upor
final hearing be not approved, the
board shall file in the local land Of
fee request to dismiss the applica-
ton.
Upon the withdrawal of the land
! by the department of the interior il
shall be the duty of the board to enter
( into contract with the applicant
which, when works are proposed TO be
constructed on state reservoir sites OF
to use waters controlled by the state,
or both, shall contain complete specifi-
! cations of the location, dimensions,
character or material. class of work
and estimated cost of the proposed
works and the maximum price and
! terms per acre at which such works
ana perpetual water rights shall be
sold TO settlers and a maximum cost
per annum for the maintenance tax,
and the price and terms upon which
the state is to dispose of the land to
settlers. When lands are proposed to
be reclaimed under systems or extern
slons OF systems already constructed,
or partially constructed, or the rights
TO which, including water rights have
vested in the applicant; the contract
shall contain the matter mentioned
above also.
The price and terms for water rights
and land shall in all cases be reason
able; and the contracting party shall
have the power TO fix in the contract
with the applicant for the land and
water right, the amount or quantity of
the annual water supply, and shall
have the right to provide reasonable
rules and regulations; such rules and
regulations to be approved by the
board.
No contract shall be made which
gives longer time than the LIST of
April, 1903, for the construction of the
works or for the extension to the lands
to be reclaimed of systems. and all
contracts shall state that the works
shall begin within six months of the
day of contract and that the construc-
ton shall be prosecuted diligently and
continuously to completion and that
the cessation of work under a contract
for period of six months shall for
felt to the state all rights under said
contract; provided, that no property
or right which was vested in the ap-
plicant 'or contractor at the date of the
contract shall be forfeited; and pro-
vided also in cases of contractors who,
at the date of the contract, own or
have vested rights in water. and in a
reservoir, reservoir site, canals, or
other irrigation works, the forfeiture
shall extend only to portions of the
system unconstructed at the time of
default. and to the penalty of the bond
given by such contractor
Upon the failure of the contractor
TO comply with any requirement, it
shall be the duty of the board to notify
him, and that unless he shall comply
with such requirements, within so days,
the bond and contract and lin proper
cases) all work constructed thereun- |
der, shall at once and thereby be for /
oh
bring action in the courts to cause the |
works to be forfeited. and thereafter 1
shall advertise for proposals to COM /
plete the said work. If no bid shall |
be received for the completion of said |
works, and furnishing water rights /
for the price stated in the original con-
tract. then the bond executed by the |
original contractor shall be forfeited to
the state.
Any citizen or any person having de-
clared his intention to become a citi-
zen, over the age of q, may make ap-
plication to enter any of said lands,
not exceeding 100 acres. Each appli-
cation must be accompanied by a certi-
led copy Of a contract for a perpetual
water right with the person or cor
)oratiOn authorized to furnish water
and contain the declaration that he will
settle upon and improve said land, to-
yether with 25 cents per acre; and if
he application is allowed the board
hall issue a certificate of the location.
f the application is not allowed the 25
.ents per acre shall be returned. If
he construction company fails to fur
liSh water, the state shall refund all
payments that settlers shall have
made The board shall dispose of all
ands accepted by the state at a price
lot to exceed s. per acre, % cents
,er acre to be paid at the time of
ntry and the remainder at the time
f making the final proof by the
settler; but no settler shall be en-
tiled to make more than one entry.
All moneys received by the board
rom the sale of lands. shall be de-
'osited with the state treasurer and
UGH sums as may be necessary shall
e available for the payment of the
expenses of the board in carrying out :
he provisions of this act. and any .
alance remaining over and above the
expenses necessary shall constitute a
rust fund to be used only for the rec {
lmation of other arid lands.
Upon the completion of the works 7
r any section thereof, the contractor {
hall notify the board that he is pre- (
AIRED to supply water to the land c
in his application. where /
pom the board shall cause proof of g
hat fact to be made to the depart l
tent of the interior with a request c
nat q patent to such land be issued q
} the state, and shall cause a notice c
; be given to each settler. and within I
Tree years thereafter each settler shall s
ppear and make final proof of rec il
NATION. settlement and occupation t
nd shall make final payment of $ t
er acre for the land entered by him. t
pom final payment the state shall is o
lie patent therefor for the tract of a
nd entered.
The water rights to all lands ac- b
lired under the provisions of this p
It. shall attach to and become ap- Y
to the land as soon as the e
tie passes from the United States to is
lie state. Any person or corporation a
FINISHING water for any tract of land s
lall have a first and prior lien on said Il
alter rights and land upon which said a
ater is used. fo~ all deferred pay Il
ents for said water rights, and said p
IN. to be in all respects. prior to any p
all other liens created by the owner II
Id shall remain III force until the il
st deferred payment is fully paid II
I'd settled according to the terms of
e contract. The contract for the
2ter rights shall be recorded in the
fee of the county recorder. Upon "
fault of any deferred payments Sc al
red by lien the person or corpora "
IN may foreclose the same according !,
the terms and conditions of the v
ntract. il
Under the provisions and subject to v,
g conditions of the act of congress "
titled AN Act making appropria- 4,
ms for sundry civil expenses of the d
vernment for the fiscal year ending 7
ne 80. 1897, and for other purposes" h,
n ,rnTat. a SacfioY7 Of fha Strb-ti+la Of 49,