Durango semi-weekly herald., 1902-07-14
one half Of the total irrigable area of

his entry receiving patent Tor the
lands covered by the entry shall pay
10 the government the charges appor-
toned against such tract. as provided
in section T. No right to the use of
water for land in private ownership
shall be sold for tract exceeding 100
acres to any one land owner, and no
such sale shall be made to any land
owner unless he be an actual bona
fide resident on such land. or occu-
pant thereof residing in the neighbor-
hood of said land and no such right
shall permanently attach until all pay
ments therefor are made. The an
nual installments shall be paid to the
receiver of the local land office of the
district in which the land is situated.
and a 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 all moneys already paid
hereon 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 G. 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 provisions of this
act: Provided. That when the pay
| ments required by this act are made
for the major portion of the lands ir-
igated from the waters of any of the
works herein provided for, then the
management and operation of such ir-
rigation works shall pass to the own
ers of the lands irrigated thereby, to
he maintained at their expense under
such form of organization and under
such ruless and regulations as may be
acceptable 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.
Sec T. That where in carrying
out the provisions Of this act it be
| 'blAl'9 'NHShlN " hNi'''N any 'iS'iN''
or property the secretary of the in
terror is hereby authorized to acquire
the same for the United States by pur-
chase or by condemnation under ju-
dicial pi 1s ess, and to pay from the re,
| clamatiou fund the sums which may
be needed for that purpose, and ii
shall be the dIty 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 de
partment of justice.
| Sec S. That nothing in this act
shall be construed as affecting or in
tended to affect or to in any way in
terfere with the laws of any state OF
| territory relating to the control, ap
preparation. use or distribution OF
water used in irrigation. or any vest
ed 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 of the
| federal government or of any land
owner appropriation or user of water
in. to or from any interstate stream OF
the waters thereof: Provided. That
| the right to the use of water acquired
under the provisions of this act shall
be appurtenant to the land irrigated
and beneficial use shall be the basis
|
Sec 9 That it is hereby declared
to be the duty of the secretary of the
| interior IL carrying out the provisions
of this act. so far as the same may be
practicable and Subject to the exist
ence of feasible irrigation projects. tC
eypend the major portion of the funds
arising from the sale of public lands
within each state and territory here
before named for the benefit of arid
aud 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
| nbefore 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 oil
this act. the expenditures for the ben
eft of the said states and territories
shall be equalized according to the
! proportions and subject to the condi-
tions as to practicability and feasibil-
| ity aforesaid.
Sec. 10. Tthat the secretary of
the interior is hereby authorized to
perform 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.
From Saturdays Daily.
Strawberry season is about ever, a
few boxes being found occasionally
Editor Blakeley came over from