Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1902-01-11

lands for agricultural purposes, and
on the making of final proof, shall
pay to the Government the sum OF
five dollars per acre, to be covered
into the reclamation fund.
SEC. s. That the Secretary OF the
Interior is hereby authorized and
directed to use the reclamation fund
for the operation and maintenance OF
all reservoirs and irrigation works
constructed under the provisions OF
this act; Provided, That when the
payments required 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 management and opera
ton OF, but not the title to, such ir-
rigation works, excepting reservoirs
and the works necessary for their
protection and operation, shall pass
to the owners of the lands irrigated
thereby, to be maintained at their
expense under such form of organi-
zation and under such rules and
regulations as may be acceptable to
the Secretary of the Interior.
SEC. 7. That in case the waters
thus provided shall be more than
| sufficient for the reclamation of the
irrigable public lands proposed to be
irrigated by any project, or if the
Secretary OF the Interior determines
that lands in private ownership are
better suited for the utilization of
the waters, then perpetual rights to
the use of water for such private
lands may be sold upon such terms,
and at such price, not less than FIVE
dollars per acre, as may be determ-
ined by the Secretary of the Interior;
but no right to the use OF water shall
be granted or sold for tract exceed
ing eighty acres to any one land
owner, and the moneys received
theretrom shall be paid into the rec
lamation fund.
SEC. 8. That where in carrying out
the provisions of this act it becomes
necessary to acquire any rights or
property, the Secretary of the In
terror is hereby authorized to ac-
quire the same for the United States
by purchase or by condemnation un-
der judicial process, and to pay from
the reclamation fund the sums which
may be needed for that purpose, and
the United States Circuit or District
Courts of the District wherein such
property is located shall, concurrent
ly with the courts of the State or
Territory, have jurisdiction of pro-
ceedings for such condemnation, and
it 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
condemnation within thirty days
from the receipt of the application at
the Department of Justice. And in
all such condemnation proceedings
in the United States Courts the prac-
tice, pleadings, 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 in the courts
of record of the State or Territory
within which such Circuit or Dis
trict Court is held, any rule of the
court to the contrary notwithstand-
ing.
SEC. g. That nothing in this act
shall be construed as affecting or in
tending to affect or to in any way
interfere with the laws OF any State
or Territory relating to the control.
appropriation, use, or distribution
of water used inirrigation, but State
and Territorial laws shall govern
and control in the appropriation, use
and distribution OF the waters rem
dered available by the works con-
structed under the provision OF this
| act, r IoNluCu, Ahat 'iiS iiSAl 70 thS
use OF water acquired under the
provisions of this act shall be per-
petual, and that beneficial use shall
be the basis, the measure, and the
limit OF the right.
SEC TO- That the Secretary of the
Interior is hereby authorized to per-
form any and all acts and to make
such rules ami regulations as may