The state herald., 1902-06-27

surveys shall be prosecuted diligently
to completion, and upon the completion
thereof, and Of the necessary maps,
plans and estimates of cost, the secre-
tary of the interior shall determine
whether or not said project is practi-
cable and advisable, and If determined
to be impracticable or unadvisable he
shall thereupon restore said lands to
entry; that public lands which 1t Is
proposed to irrlgate by means of any
contemplated works shall be subject
to entry only under the provisions of
the homestead laws in tracts of not
less than forty nor more than 100
acres, and shall be subject to the limi-
tations, charges, terms and conditions
herein provided; Provided. That the
communication provisions of the home
stead laws shall not apply to entries
made under this act. gN
See. 4. That upon the determination
by the secretary Of the interior that
any irrigation project is practicable, he
may cause to be let contracts for the
construction of the same, in such por-
tons or sections ms 1t may be practi-
cable to construct and complete as
parts of the whole project; providing
the necessary funds for such portions
or sections are available In the recla-
nation fund, and thereupon he shall
give public notice of the lands irriga-
BILE under such project. and limit of
area per entry, which limit shall repre-
sent the acreage which. in the opinion
of the secretary, may be reasonably re-
qulred for the support of n 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 irpi-
CATION project, and the number of an
nual lnstallments, 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 view of re-
turning to the reclamation fund the
estimated cost of construction of the
project and shall be apportiOned equi-
tably; Provided, That in all construc-
ton work eight hours shall constitute
n days work, and no Mongolian labor
shall be employed thereon.
Sec. >. That the entryman upon
lands TO be irrigated by such works
shall. in addition TO compliance with
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. rs provided
In section 4. No right to the use of
water for land in private ownership
shall be sold for n tract exceeding
1GO acres to any one landowner, and
no such sale shall be made to any
landowner unless he be an actual bona
fide resident on such land, or occu-
pant thereof residing In the nelghbor-
hood of said land. and no such right
shall permanently attach until all pay
ments thereof are made. The annual
installmcn,s shall be paid TO the re-
ceiver of the local land office OF the
district 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 Of any money 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. q. That the secretary Of the
interior is hereby authorized and di-
rected TO use the reclamation fund
for the operation and maintenance OF