, 1901-12-16

Sec. 2. That the secretary of h in
terror is hereby authorized TO secure
from the proper authorities in the
states and territories having state en-
cheering departments reports and
recommendations, accompanied by
plans and estimates of the work deem,
ed most feasible, and the construction
of which is most needed: that in states
and territories which do not exercise
public control over the appropriation
and distribution of water and do not
have engineering departments, and in
states and territories exercising such
public control which have not submit
ted satisfactory plans and estimates,
the secretary OF the interior is hereby
authorized to cause to be examined and
surveyed reservoirs and other irriga'
ton works, and to have reports. plans
and estimates prepared for the con.
struction of the same, together with all
other facts showing the practicability
of each project.
Sec. 3. That upon the examination
and approval by the secretary Of the
interior of any of the projects herein
provided for, he shall cause to be let,
upon proper notice, contracts for the
construction of the same. i'll whole or
in part, the same to be paid for out of
the reclamation fund
Sec. A. That all of the works con-
structed under the direction of the sec
rotary of the interior shall be maintain
ed and operated as public works, the
expense of such maintenance and oper-
atoms to be paid for out of the recla-
nation fund.
Sec. 5. That in the states and terri
tories which exercise public control
over appropriations and distribution
of water, the state or territory authori-
ties shall control the distribution Of
water from such public works; but in
the states and territories which do not
exercise public control over the appro-
priations n distribution of water, the
water rendered available by such pub
public works shall be distributed
under regulations made by the
secretary of the interior; pro-
vided that in no state or
territory shall any right to the water
rendered available by these works be
recognized except that of actual bene-
fetal use, nor any charge be levied on
| users, except reasonable charges for
the storage of water and its transpor-
tation from the place of diversion to
the place of use.
Sec. 6. That the secretary of the in
terror may, in his discretion, withdraw
from public entry the lands embraced
/ within the limits of any reservoir pre-
ject, with necessary land for the con-
struction and maintenance of supply
and diversion works.
Sec. Z. The secretary of the interior
shall have authority to reseve lands
susceptible of reclamation through ir'
rigation works. constructed under the
provisions of this act; such lands to be
subject to entry only under the provis-
ions of the homestead act with the ad-
ditional restrictions hat eighty acres
of irrigable land shall be the maximum
of any one entry; that reclamation
| shall be required in addition to resi-
dence; and there may be assessed
+ against such reclaimed land a charge
not exceeding the actual cost of water
for the reclamation thereof, the proof
of reclamation and the levy and col
lection of assessments to be under such
regulations as the secretary of the in
terror may prescribe.
Sec. 8. That whenever it becames
necessary i'll the construction, opera
ton or maintenance of any works pro-
posed or constructed under this act, to
acquire any right or property, the sec
rotary of the interior is hereby author
lied to acquire the same for the United
States, either by purchase or condem-
nation under judicial process, and pay
for the same out of the reclamation
fund.