The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-12-21

nation fund, and each entryman shall
be limited to the entry and settlement
Of not exceeding eighty acres.
Sec. 8. That the secretary of the IL
terror is hereby authorized and directed
to use the reclamation fund for the OPP
Grafton and maintenance Of all reser-
Volrs and irrigation works provided for
in this act. Provided, that when the
payments provided for in section five
Of this act are made upon the major
portion Of the iTrigable lands of any
system Of reservoirs and irrigation
works then the management and op-
Grafton Of, but not the title to all the
irrigation works excepting reservoirs,
and the works necessary for their
projection and operation shall pass to
the owners Of the lands irrigated there
by to be maintained at their expense
under Such rules and regulations as
may be acceptable TO the secretary of
the interior. Provided further. that all
reservoirs, and the works necessary for
their protection and operation, con-
structed under this act, shall be Oper-
ated and maintained by the govern
ment as public works until otherwise
provided by congress. Provided fur
Their, that the right to the use Of
water, acquired under the provisions
Of this act, shall be perpetual, and
beneficial use shall be the basis. the
measure, and the limit Of the right.
Sec. Z. That in case the water thus
provided shall be more than sufficient
Tor the reclamation of the irrigable
public lands proposed to be irrigated
by each project. or If the secretary Of
the interior determines that land i'm pri-
Vate ownership is being suited for the
utilization Of the waters. or if there is
a suficiency for both, then perpetual
water rights for such private lands
may be sold upon such terms. and at
such price, not less than SIS per acre,
as may be determined by the secre-
tary Of the interior, but no water right
shall be granted or sold for an amount
exceeding eighty acres to any one land
owner, and said amount shall be paid
into said reclamation fund
Sec s. That where in carving ont
the provisions of this act it becomes
necessary to acquire any rights or
property, the secretary OIL the .uL5uor
is hereby authorized to acquire the
same for the United States by pur-
chase or by condemnation under ju-
dictal process, and TO pay from the
reclamation fund the sums which may
be needed for that purpose, and the
United States circuit Of district courts
OF the district wherein such prODertv
is located shall concurrent with the
courts of the state or territory have
jurisdiction Of proceedings for such
condemnation, and il 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 COM
menced for condemnation within thirty
n q Ia INF q
ton at the department of Justice and
in all such condemnation proceedings
in the United States courts the prae-
tice, proceedings, forms and modes Of
proceedings in causes arising under
this act shall conform as near as may
be TO the practice. pleadings. forms
and proceedings existing at the time
in like causes iG the courts Of record
Of the state or territory within which
such circuit or district court is held.
any rule Of the court to the contrary
Notwithstanding.
Sec. g. That nothing in this act shall
be construed as affecting or intending
to affect or in any way to interfere
with the laws of any state or territory
relating to rights to the appropriation
Of water, or its distribution for irriga-
ton, but state and territorial law shan
govern and control as to the right ~
appropriation and as to the disrribu
ton Of water rendered available by
this act Provided, that beneficial use
shall be the basis and the measure and
limit Of the right to use such water
Sec. TO- That the secretary Of the
interior is hereby authorized to make
such rules and regulations for the DUP
pose Of enforcing the provisions here
Of as may be just and proper. and is
authorized to do any or all things
necessary to carry out the provisions
Of this act