Gilpin observer., 1902-06-26

all reservoirs and irrigation works
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 at their ex-
pense under such form of organiza-
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. Z. 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 ju-
dicial process, and to pay from the
reclamation fund the sums which may
be needed for that purpose, and it
shall be the duty of the attorney gen.
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. s. That nothing in this act
shall be construed as affecting OF in
tended to affect or to In any way in
terfere 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 in any 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 the provisions of this act shall
he appurtenant to the land irrigated,
and beneficial use shall be the basis,
the measure and the limit of the right.
See. 9.-That it is hereby declared TO
, be the duty of the secretary of the in
terror in carrying ont the provisions
of this act, so far as the same may be
practicable and subject to the exist
ence of feasible irrigatio projects, to
expend the major portion of the funds
arising from the sale of public lands
any particular state or territory here
J 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 of territory here
/ inbefore named as he may deem advis-
able but when so used the excess shall
be restored to the fund as soon as
| practicable, to the end that ultimately.
and in any event. within each ten-year
period after the passage of this act,
the expenditures for the benefit of the
said states or territories shall be
equalized according TO the proportions
and subject 10 the conditions as TO
practicability and feasibility afore-
said.
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.