Durango semi-weekly herald., 1902-07-14
THE IRRIGATION BILL.
Full Text OF the Act. as II Passed Con-
aress, Which viii Bring Booming
Prosperity To the West.

| irrigation act as 1t passed congress.
BE II enacted by the Senate and House
of Representatives of America in
Congress Assembled:
That all moneys received from the
sale and disposal of public lands In
Arizona. California. Colorado. Idaho.
Kansas Montana. Nebraska. Nevada.
New Mexico. North Dakota. Okla
homa. Oregon. South Dakota. Utah.
Washington and Wyoming beginning
with the fiscal year ending June 30,
1901. including the surplus of fees and
commissions in excess OF allowances
to registers and receivers. and except
ing the FIVE per centum of the pro
ceeds of the sales of public lands in
the above states set aside by law for
educational and other purposes. shall
be- and the same are hereby, reserved
set aside and appropriated as a spe-
cial fund in the treasury to be known
| as the reclamation fund" to be used
| in the examination and survey for the
construction and maintenance of irri-
cation works for the storage, diver
sion and development of waters for
the reclamation of arid and semi-arid
and for the payment of all other ex
pendtures provided for in this act;
provided. that in case the receipts
from the sale and disposal of public
lands other than those realized from
the sale aud disposal OF lands referred
10 in this section are insufficient to
meet the requirements for the support
of agricultural colleges in the several
states and territories, under the act
/ OF August 80 S99. entitled: AN
act to apply a portion of the proceeds
of the public lands to the more com
pete endowment and support of the
colleges for the benefit OF agriculture
and the mechanics arts, established
under the provisions of an act of con
gress approved July .. 1862 the de
nciency, If any. in the sum necessary
for the support of the said colleges
shall be provided for from any moneys
in the treasury not otherwise approp
| rated
Sec2 That the secretary of the
! Interior is hereby authorized and di-
rected to make examinations and sur
vcys for. and to locate and construct
as herein provided. irrigation works
for the storage diversion. and devel-
opment of waters including artesian
wells. and to report to congress at
the beginning of each regular session
| as to the results of such examinations
and surveys. giving estimates of cost
of all contemplated works. the quanti-
ty and location of the lands which
can he irrigated therefrom. and all
facts relative to the practicability of
each irrigation project also the cost
of works in process of construction as
well as of those which have been com
pleted.
Sec 3 That the secretary of the
interior shall. before giving the pub
lie notice provided for in section of
this act. withdraw from public entry
the lands reured for any irrigation
works contemplated under the provis-
ions of this act. and shall restore to
public entry any of the lands so with
drawn when in his Judgment. such
lands are not required for the purposes
of this act; and the secretary of the
interior is hereby authorized. at or i'm
mcdiatcly prior to the time of begin
ming the surveys for any contem-
plated irrigation works, to withdraw
from entry, except under the home
stead laws. any public lands believed
to be susceptible of irrigation from
said works provided, that all lands
entered and entries made under the
homestead laws within area so with
drawn during such withdrawal shall
be subject to all the provisions. limi-
tations, charges. terms and conditions
of this act; that said surveys shall be
prosecuted diligently to completion.
and upon the completion thereof, and
of the necessary maps plans and esti-
mates of cost, the secretary of the in
terror shall determine whether or not
| said project is practicable and advis-
able. and If determined to be imprac-
ticable or unadvisable he shall there
upon restore said lands to entry; that
public lands which II is proposed to
| irrigate 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 limitations, charges.
terms and conditions herein provided
! Provided. That the Communication pro
visions OF the homestead laws shall
not apply to entries made under this
| act,
Sec T. That upon the determina-
tion by the secretary OF the interior
that any irrigation project is prsctica-
bile he may cause to be let contracts
for the construction OF the same in
whole or in part, providing the neces-
sary funds therefor are available n
| the reclamation 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 reas-
onably required for the support of
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 irrigation project and the
number OF annual installments. not