Phillipsburg herald. [volume] (Phillipsburg, Kan.) 1882-1905, 1902-07-23
THE IRRIGATION BILL.
Full Text of the Act, AS it Passed Congress, Which VIII
Bring Booming Prosperity to the West.

ldhoS lfflgdOie u1QeF Sucn PROJECT, anG
limit of area per entry, which limit
shall represent the acreage which, in
the opinion OF the secretary, may be
reasonably required for the support
of a family upon the lands in question;
also of the charges which shall be
made per acre upon the said entries,
and upon lands in private ownership
which may be irrigated by the waters
OF the said irrigation project, and the
number of annual installments, not
exceeding ten, in which such charges
shall be paid, and the time when such
payments shall commence. The said
charges shall be determined with a
view of returning to the reclamation
fund the estimated cost of construc-
ton of the project. and shall be APP
portioned equitably: Provided, That
in all construction work eight hours
shall constitute days work and no
Monaghan labor shall be employed
thereon.
Sec. 3. That the entryman upon
lands to be irrigated by such works
the homestead laws, reclaim at least
one-half of the total irrigable area of
his entry for agricultural purposes,
and before receiving patent for the
lands covered by his entry shall pay
to the government the charges appor-
toned against such tract, as provided
in section 4. No right to the use of
water for land in private ownership
shall be sold for tract exceeding $50
acres to any one land owner, and no
such sale shall be made to any land
owner unless he be an actual bona
tde resident on such land, or occupant
thereof residing in the neighborhood
of said land, and no such right shall
permanently attach until all payments
therefor are made. The annual in
stallments shall be paid to the receiv-
er of the local land office of the dis
trict in which the land is situated,
and failure to make any two pay
mentS when due shall render the en-
try subject to cancellation, with the
forfeiture of all rights under this act,
as well as all moneys already paid
thereon. All moneys received from
the above sources shall be paid into
the reclamation fund. Registers and
receivers shall be allowed the usual
commissions on all moneys paid for
lands entered under this act.
Sec. 6. That the secretary of the
interior is hereby authorized and di-
rected to use the reclamation fund
for the operation and maintenance of
all reservoirs and irrigation works con-
structed under the proviSi, MS of this
act: Provided, That when the pay
mentS required by this act are made
for the major portion of the lands irri-
gated from the waters of any of the
works herein provided for, then the
management and operations nf such
irrigation works shall pass to the
owners of the lands irrigated thereby,
to be maintained at their eXpe nSe
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.
Sec. I. 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 pur-
chase or by condemnation under jul
dicial process, and to pay from the re-
clamatiOn fund the sums which may
be needed for that purpose, and it
shall be the duty of the attorney gen
eral of the United States upon every
application Of the secretary Of the in
terror, under this act, to cause pro-
ceedings to be commenced for con-
demnatiOn within thirty days from the
receipt of the application at the
Department of Justice.
Sec. s. That nothing in this act
shall be construed as affecting or in
tending to affect or to in any way in
terfere with the laws of any state or
territory relating to the control, ap-
preparation, use or distribution of
water used in irrigation, or any vested
right acquired Hereunder 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
government or of any land owner, APP
proprietor OF user of water in, to or
from any interstate stream or the
waters thereof: Provided, That the
right to the use of water acquired
under 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.
Sec. 9. That it is hereby declared
to be the duty of the secretary of the
| interior, in carrying out the provis-