The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-03-18

I
work for six months FORGETTING all
rights of the contractor. The state
board is given power to enforce the
terms of the contract.
ANY citizen, having first entered into
a contract for water right from the
irrigation company, may purchase. from
the state such land, not exceeding $50
acres in amount, his application to be
accompanied with a payment of %
cents per acre and a declaration that he
VIII settle upon and improve such land.
II the irrigation company shall fail to
furnish water to any settler under the
terms of its contract, the amount paid
for his land shall be refunded by the
state. The maximum price at which
the land shall be sold is fixed at 81 per
acre
The proceeds from the sale of these
lands above the cost of carrying out
the provisions of this act, shall con-
stitHte a trust fund, to be used only
for the reclamation of other arid lands.
Upon the completion of the works,
the state board shall make application
to the secretary OF the interior for a
patent 10 the state to such land and
shall notify each settler of such fact.
and within three years thereafter each
settler shall appear before the board
and make a final proof of reclamation,
settlement and occupation, in accord
ance with the regulations of the de-
partment OF the interior and of the
state board, and shall make final pay
ment for the land, when patent shall
be issued by the state.
The water rights to all lands ac-
quired under the act shall attach to
and become appurtenant to the land,
and the reservoir company shall have
a first and prior lien on the land for
all deferred payments on water rights,
which lien shall remain in effect until
the last payment has been made. Upon
default in any deferred payment, me
reservoir company NAV foreclose in
the manner that mortgages are fore
closed, with the right of redemption
within one year.
A lien is created in favor of the res
ervoir company on the entire tract of
land reclaimed for the actual cost and
necessary EXPENSES Of reclamation.
Failure to pay the snhual mainte-
nance tax creates a lien upon the land,
but the water of the settler may be
cut off.
STATE RESERVOIRS.
Representative Sloan is the author of
an act creating q reservoir land grant
fund and providing for the construc-
ton of reservoirs for the purpose of
supplying water for state lands. This
ceived from the sale of land selected
under the grant to the state of 100000
acres. for the establishment of reser-
voirS for irrigating purposes. The land
commissioners are authorized to select
suitable sites for reservoirs and to pro-
cure, by selection, grant or purchase,
the title to the land to be covered by
water stored in such reservoirs, and to
cause to be constructed reservoirs for
fI,o IF 81 nj O
piled to the state lands. Bids must be
invited for the construction work and
the entire work may be let to one bid
der. The cost of construction shall be
paid out of the reservoir land grant
fund, and 100000 is appropriated out
of this fund. Warrants on this fund
shall draw interest at the rate of per
cent. Patents to lands irrigated by
state reservoirs shall convey a, proper
tionate interest in the reservoirs. and
when all the lands are sold the reser-
voir will belong TO the owners of the
lands.
STATE ENGINEER.
Another important act relating to |
the public lands is that creating the |
office of state engineer and defining his |
duties. The measure originated in the |
house and was a substitute for Dor |
ton of Creer's irrigation bill. 1t pro- |
vides for the appointment by the gov
ernor of a state engineer, at a salary of |
s., 900 per year and travelling expenses,
and Captain Willard Young has been
appointed to the Office. The term OF |
office is four years.
1t is his duty to examine into and re-
port upon reservoir sites for the state, |
under the direction of the board of |
land commissioners, and he shall sub
nit plans, specifications and estimates |
fer the construction of reservoirs,
dams and canals. He shall supervise
any state reservoir or other similar ir
rigation or water storage work for the
state. 1t shall also be his duty to pass
upon the character and sufficiency of
all other works relating to irrigation
in which the state may have any in
tereSt.
1t shall be the duty of the engineer
TO keep a full and complete record of
all measurements of streams and all
)ther valuable information in relation
20 irrigation matters of the state that
nay come to his knowledge in the dis
charge of his official duties.
The plans for the construction of any
lam or dyke for appropriating, stor-
ng or diverting water must be APP
proved by the state engineer, when the
same shall exceed ten feet in height.
IN case of works of great Importance.
De endangered by the failure of such
works, he may require excavations to
De made to determine the character of
he foundation.
The state engineer shall inspect, as
,ften as he thinks admissible, every
lam when the same is over ten feet
n height, and if he finds it to be I'M
afe, shall require the owners to re-
)air it. and if such repairs are not
made the courts shall order the water
lrawn off. If any dam is reported I'M
afe it shall be the duty of the en-
sineer to inspect it at once.
He shall give, free of charge, to any
,erson, any information desired as to
he proper method of measuring water,
nd special instructions to all water
masters as to measurements of water,
o as to secure just distribution of
he same.
Whenever any party shall require
he services of the engineer to locate or
xamine the construction of any dam
r embankment, a per diem of 81 per
ay and actual travelling expenses shall
re paid by such parties.
OTHER MEASURES.
A measure originating in the senate
uthorizeS the board of land commits
toner's to lease any state lands con-
aiming stone, coal. coal oil, gas or any
mineral, conditioned upon the payment ;
0 the state of a royalty upon the prod
ct
Representative Sorensen of Gunni-
on is the author of a measure author
ling the state TO exchange four and a
all million acres of unsurveyed school