The Delta independent., 1902-06-27


constructed under the provisions of
this act: Provided, That when the
payments required by this act are
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 operation
of such irrigation works shall pass TO
the owners of the lands irrigated
thereby. to be maintained AZ their eN-
pense under such form OF organiZI-
tion and under such rules and regula
tions as may be acceptable TO the
secretary of the interior: Provided
That the title to and the manage
ment and operation of the reservoirs
and the works necessary for their pro-
lection shall remain in the government
until otherwise provided by Congress
Sec. I. That where in carrying out
the provisions of this act 1t becomes
necessary 10 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 ju-
dicial process. and TO pay from the
reclamation fund the sums which may
be needed for that purpose, and 1t
shall be the duty of the attorney gem
eral of the United States upon every
application of the secretary OF the
interior. under this act, TO cause pro-
ceedings to be commenced for condem-
nation within thirty days from the re
ceipt of the application at the depart
ment Of justice.
Sec. $. That nothing in this act
shall be- construed as affecting or in
tended to affect or TO in any way in
rerfere with the laws of any state or
territory relating to 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 provisions of this act. shall
proceed In conforming with such laws.
and nothing herein shall many way af-
feet any right of the state or of the fed
eral government or OF any land own
er. appropriation or 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 thc provisions OF this act shall
lie appurtenani to the land Irrigated.
and beneficial uSe shall be the basis,
the measure and the limit OF the right
Sec. 9.-That II is hereby declared to
, be the duty OF she secretary of the in
terror in carrying out the provisions
of this act. SO far as the same may he
practicable and subject to the exist
ence OF feasible irrigation projects, TO
eNpend the major portion OF the funds
arising from the sale of public lands
any particular state or territory here
inbeforc named for the benefit of arid
and semi-arid lands within the limits
of such state or territory; Provided.
that the secretary may temporarily
u>e such portion OF said funds for the
benefit OF arid or semi arid lands in
/ any particular state OF territory here
inhcforc named as he may deem advis-
1 able. but when So used the excess shall
he restored To the fund as soon as
practicable. to the end that ultimately.
ana in any event. within each tcn-year
period after the passage of this act.
the expenditures for the benefit OF the
said states or territories shall he
epuaiized according 10 the proportions
and subject To the conditions as 10
practicahiii;y aud feasibility afore-
said.
Sec. 10. That the secretary OF the
Interior Is hereby authorized to per-
form any and all acts and 10 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.