The Ellensburg dawn. [volume] (Ellensburg, Wash.) 1898-1914, 1902-02-08
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shal, in addition to compliance Win
the homestead laws, reclaim s'ch la'loH
for agricultural purposes, and before
receiving patent for the lands coVereo
by his entry shall pay to the govern
mept the charges apportioned against
such tract as provided in section iour.
No right to the use of water Tor lana III
private ownership shall be sofa lor
tract exceeding one hundred and sixty
ocres to any one land owner, ana no
such right shall permanently a''ach
until all payments therefor are macs
The annual installments shall be pald
to the receiver of the local land otllce Oh
no district in which the land is stu
tied. and failure to make any TWO
navments when due shall work a can
collation. of the homestead entry ana
orfeiture Of all rights under this act
All moneys received from the above
,,urces shall be paid into the reclama-
,.on fund.
SEC. 6. That the secretary OF the IT,
terror is hereby authorized and directed
TO use the reclamation fund Tor :he OPP
Grafton and maintenance of all resell
voirs and irrigation works constructed
under the provisions OF this act: FRO
,lded, That when the payments re
l,ed by this act are made tor TN
major portion of the lands irrigated
fro II the waters of any of the works
h rein provided for, then the manage
uent and operation of, but not the title
o.. such irrigation works, excepting
reservoirs and the works necessary for
their protection and operation, shall
mass TO the owners of the lands lrrl-
! rated thereby, TO e maintained at theif
.<pense under such form of organiza-
ION and under such rules and reeula-
uns as may be acceptable to the secre-
tary of the interior
SEC. !. That where in carrying out
the provisions of this act 1t becomes
necessary to acquire any rights or prop
erty, the secretary of the interior is
hereby authorized to acquire the same
for the United States by purchase or by
condemnation under judicial process,
and to pay from the reclamation fund
the sums which may be needed for that
purpose. and the United States circuit
or district courts of the district where
| in such property is located SHALL con-
currently with the state or territory,
have Jurisdiction of such proceedings
for such condemnation, and it shall be
the duty of the attorney general OF the
United States, upon every application
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
plcation at the department OF justice.
And in all such condemnation pro-
ceedings in the United States courts
the practice, pleadings, forms, and pro-
ceedings 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 circuit or district court is held,
any rule of court to the contrary not
with ,tanding.
SEC. 8. That nothing in this act sha'l
be construed as affecting or intended to
affect or to in any way interfere with
the laws of the state or territory relat-
ing to the control, appropriation, use,
distribution of water used in irrigation
but state and territorial laws shall gov
ern or control in the appropriation, use
and distribution of the waters rendered
available by the works constructed un-
der the provisions Of this act: PROVIDED
that the right to the use of the water
acquired under the provisions of thi,
act shall be appurtenant to the land IT.
rigatsd, and beneficial use shall be the
basis, the measure and the limit of the
right.
SEC. o. That the secretary Of the in
terror 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.
Had TO COnnuer mr. Die.