Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1902-06-18


cost of construction Of the project, and
shall be apportioned equitably; pro.
vided, that in all construction work,
eight hours shall constitute a days
work, and no Mongolian labor shall
be employed thereon.
Entering the Lands.
Sec. 5. That the entryman upon
lands to be irrigated by such works
shall, in addition to compliance with
the homestead laws, reclaim at least
one-half of the total irrigable area of
his entry for agricultural purposes,
and before receiving patent for the
lands recovered by his entry shall pay
to the government the charges ap-
portioned against such tract, as pro.
vided in section 4. No right to the
use of water for land in private own
ership shall be sold for tract ex-
ceeding 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 occupant thereof residing in the
neighborhood of said land, and no
such right shall permanently attach
until all payments 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 render
the entry subject to cancellation with
the forfeiture of all rights under this
act, as well as of any moneys already
paid thereon. All moneys received
from the above sources shall be paid
into the reclamation fund.
Maintenance Of Works.
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
constructed 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.
rigated from the waters of any of the
works herein provided for, then the
management and operation of such
irrigation works shall pass to the own.
ers of the lands irrigated thereby, to
be maintained at their expense under
such form of organization and under
such rules and regulations as may be
acceptable to the secretary of the in
terror; provided. that the title to, and
the management and operation of. tn,
reservoirs and the works necessary
for their protection and operation shall
remain in the government until other
wise provided by congress.
Acquiring Rights and Property.
Sec. Z. That where in carrying out
the provisions Of this act II become,
necessary to acquire any rights OF
property, the secretary OF the interior
is hereby authorized to acquire tn,
same for the United States by pur
chase or by condemnation under ju
dicial process, and to pay from tn,
reclamation fund the sums which ma,
be needed for that purpose, and |
shall be the duty of the attorney gen
eral of the United States, upon ever.
application OF the secretary of the in
terror, under this act. to cause pre-
ceedings to be commenced for condem
nation within thirty days from the re
ceipt of the application at the depart
ment of justice.
Affecting State Rights.
Sec. s. That nothing in this ac
shall be construed as affecting or in
tended to affect or to in any way in
teriere with the laws OF any state o
territory relating to the control. az
propriation, use. or distribution of wa
ter used in irrigation. And the secrt
tary of the interior. in carrying OH
the provisions of this act, shall pre-
ceed In conformity with such laws
and nothing herein shall in any wa
affect any right OF any state or Of tn
federal government. or Of any land
owner, appropriation, or user OF watel
In, to or from. any interstate stream
or the waters thereof; provided. tha
the right to the use of water acquire
under the provisions OF this act shal
be appurtenant to the land irrigated
and beneficial use shall be the basis
the measure and the limit of the right
plvielon OF Funoss
Sec. 3. That 1t Is hereby declare
to be the duty Of the secretary Of tn
interior in carrying out the provision
OF this act, SO far as the same may b
practicable and subject to the exisI
ence Of feasible irrigation projects
to expend the major portion of tn
funds arising from the sale OF publ
lands within each state and territor
hereinbefore named for the benefit o
arid or semi.arid lands In any partiC
ular state or territory hereinbefor
named as he may deem advisable
but when so used the excess shall b
restored TO the fund as soon as praC