Albuquerque daily citizen. [volume] (Albuquerque, N.M.) 1895-1903, 1902-06-28
How Irrigation Law Operates

Suth safe Sudl ue maze 10 any and
owner unless he he an actual bona fide
resident on such land, or occupant
thereof residing in the n~eighborhood
of said land. and no such right shall
permanently attach until all payments
thereof are made. The annual Install
ments shall he paid to the receiver of
the local land office of the district in
which the land is situated, and a fail
ure to make any two payments when
due shall render the entry subject &c
cancellation. with the forfeiture of all
rights under this act, as well as of any
moneys already paid thereon. All
moneys received from the above
sources shall be paid into the reclama-
ton fund. Registers and receivers
shall be allowed the usual commits
sions on all moneys paid for lands en-
tered under this act.
Sec. 6. That the secretary of the in
terror is hereby authorized and direct
ed to use the reclamation fund for the
operation and maintenance of all res
ervoirs and irrigation works construct.
ed under the provisions of this act:
Provided, That when the payments re-
quired by this act are made for the
major portion of the lands irrigated
from the waters of any of the works
herein provided for, then the manage
ment and operation of such irrigation
worKs shall pass to the owners of the
lands irrigated thereby, to be main
tanned at their expense under such
form of organization and under such
rules and regulations as may be ac-
ceptable to the secretary of the in
terror. Provided, That the title to
and the management and operation of
the reservoirs and the works neces-
sary for their protection and operation
shall remain in the government until
otherwise provided by congress.
Duties of the Attorney General.
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 judic-
ial process, and to pay from the recla-
nation fund the ums which may be
needed for that purpose, and it shall
be the duty OF the attorney general of
theh United States upon every applica-
ton of the secretary of the interior,
under this act, to proceedings to
be commenced for condemnation with
in thirty days from the receipts OF the
application at the department of JUS
tice,
Sec. s. That nothing in this act
shall be construed as affecting or in
tended to affect or to in any way inter
fere with the laws of any state or ter
ritory relating 90 the control, appro-
priation, use, or distribution of water
used in irrigation, or any vested right
acquired hereunder, and the secretary
of the interior, in carrying out the pro
visions of this act, shall proceed in
conformity with such laws, and moth
ing herein shall in any way affect any
right of any state or of the federal
government or of any lane owner, APP
proprietor, or user OF water in, to, or
from any interstate stream or he
waters thereof: Provlued, That the
right to the use of water acquired un-
der the provisions of this act shal be
appurtenant to the land irrigated, and
beneficial use shall be Gne basis, the
measure, and the limit of the right.
Apportionment of Funds.
Sec. 9. That it is hereby declared
to he the duty of the secretary OF the
interior in carrying out the provisions
of this act, SO tar as the same may be
practicable and subject to the exist
lClNG VI tCdElblt lAlAS&NACh PApJNNN1f ~
eXpend the major portion of the funds
arising from the sale of public lands
within each state and territory mere
p inbefore named for the benefit of arid
and semi-arid lands within the limits
OF such state or territory: Provided,
That the secretary may temporarily
use such portion of said funds for the
benefit of arid or semi-arid lands in
any particular state or territory here
inbefore named as he may deem ad-
visable, but when so used the excess
shall be restored to the fund as soon
as practicable, to the end that ulti-
mately. and in any event, within each
ten-year period after the passage OF
this act. the expenditures for the hen
eft of the said states or territories
shall he equalized according to the pro
portions and subject to the conditions
as to practicability and feasibility
aforesaid.
Sec. 10. That the secretary OF the
interior is hereby authorized to per
form any and all acts and to make
such rules and regulations as may be
necessary and proper for the purpose
of carrying the provisions of this act
into full force and effect.
Gold hand &c a N agzama pf the gCplv