The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1902-02-04

sixty acres, and shall be subject to the
limitations, charges, terms, and condi-
tons herein provided, Provided, That
the Communication provisions of the home
stead laws shall not apply to entries
made under this act.
Sec. 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 con-
struction OF the same, in whole or in
part, providing the necessary funds
therefor are available in the reclama-
ton fund, and thereupon he shall give
public notice of the lands irrigable
under such project, and limit of area
per entry, which limit shall represent
the acreage which, in the opinion of the
secretary, may be reasonably required
for the support OF a family upon the
lands in question; also of the charges
which may be made per acre upon the
said entries, and upon lands in private
ownership which may be irrigated by
the waters of the said irrigation project,
and the number of annual installments,
not exceeding ten, in which SUI h
charges shall be paid and the time when
such payments shall commence. The
said charges shall be determined with
view of returning to the reclamation
fund the estimated cost of construction
of the project, and shall be apportioned
according to benefits Provided, That in
all construction work eight hours shall
constitute days work, and no Asiatic
labor shall be employed thereon.
Sec. 5-That the entrymen upon lands
to be irrigated by such works shall, in
addition to compliance with the home
stead laws, reclaim such lands for agri-
cultural purposes, and before receiving
patent for the lands covered by his
entry shall paw to the government the
charges apportioned against such tract,
as provided in section four. No right
to the use of water for land in private
ownership shall be sold for a tract ex-
ceeding one hundred and sixty acres to
any one land owner, and no such right
hall permanently attach until all pay
ments therefor are made. The annual
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 payments when due
shall work cancellation of the home
stead entry and forfeiture of all rights
under this act. All moneys received
from the above sources shall be paid
into the reclamation fund.
Sec. 6-That the secretary of the in
terror is hereby authorized and directed
to use the reclamation fund for the
operation and maintenance of all reser-
voirs and irrigation works constructed
under the provisions of this act Pro-
vided, That when the payments required
by this act are made for the major por-
ton of the lands irrigated from the
waters of any of the works herein pro-
vided for, the management and opera
ton OF, but not the title to, such irriga-
ton works, excepting reservoirs and the
works necessary for their protection and
operation, shall pass to the owners of
the lands irrigated thereby, to be main
tanned at their expense under such form
of organization and under such rules
and regulations as may be acceptable to
the secretary of the interior.
Sec. THAT where in carrying out the
provisions of this act it becomes neces-
sarv to acquire any rights or property,
the secretary of the interior is hereby
authorized to acquire the same for the
United States by purchase or by con-
demnation under judicial process, and
to pay from the reclamation fund the
sums which may be needed for that pur-
pose, and the United States circuit or
district courts of the district wherein
such property is located shall, concur
rently with the courts of the state or
territory, have jurisdiction of proceed
ings for such condemnation, and it shall
be the duty of the attorney general of
the United States, upon every applica-
ton of the secretary of the interior,
under this act, to cause proceedings to
be commenced for condemnation within
thirty days from the receipt of the APP
plication at the department of justice.
And in all such condemnation proceed
ings in the United States courts the
practice, 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 cir
cult or district court is held, any rule of
the court to the contrary notwithstand-
ing.
Sec. S-That nothing in this act shall
be construed as affecting or intended to
affect or to in any way interfere with
the laws of any state or territory relat-
ing to the control, appropriation use, or
4,