The river press. [volume] (Fort Benton, Mont.) 1880-current, 1905-06-28

where it becomes necessary to cancel
bona tide entries, are subject to these
regulations:
Withdrawals made for irrigation
purposes do no: defeat or adversely
affect any valid entry, location or Sc.
lection which segregated and withheld
the lands embraced therein from other
forms of appropriation at the date OF
such withdrawal, and all entries, Sc
lections or locations of that character
should be permitted to proceed to pat.
ent or certification upon due proof of
compliance with the law in the same
manner and to the same extent to
which they would have proceeded
had such withdrawal not been made.
except as to lands needed for con.
struction purposes. All lands.
however, taken up under any OF the
land laws of the United States subse-
queut to October 2, 1883, are subject
to right of way for bitches or canals
constructed by authority of the United
States.
Any entry embracing lands included
within any withdrawal, made under
either Of the forms mentioned, whether
such entry vas made before or after
the date of such withdrawal, MAJ be
contested and Cancelled because of en-
tryman's failure to comply with the
law or for any other sufficient reason,
and any contestant who secures the
cancellation of such entry and pays
the land Office fees occasioned by hi,
contest will be awarded u preferred
right Of making entry under the rec
lamation act, provided the lands in
volved are lot embraced within a with.
drawal made for a reservoir site.
When any entry for lands embraced
within a withdrawal for reservoir pur-
poses is Cancelled by reason of contest,
or for any other reason, such lands
become subject Immediately to such
withdrawal and cannot. thereafter. SO
long as they remain so withdrawn, be
entered or otherwise appropriated,
either by Il successful contestant or
any other person: but any contestant
any such lands may exercise that right
AT any time within thirty days from
notice that the lands involved have
been released from such withdrawal
and made subject to entry.
In the event any lands embraced in
any entry under which final proof has
not been offered or in any unapproved
or uncertain selection, are needed in
the construction and maintenance of
any irrigation works other than for
right of way for bitches or canals re.
served under act of August 30, lS9O),
under the reclamation act, the gov
eminent may cancel such entry or Sc.
lection and appropriate the lands en-
| braced therein to such use, after pay
ing the value of the improvements
thereon and the enhanced value Of
such lands caused by such improve
ments.
Where the owners of the improve.
meuts mentioned IN the preceding Sec
ton shall fail to agree with the rep
resentativc of the government a. to
the amount to be paid therefor. such
amount shall be ascertaiued by the
O appraisement OF three rust
worthy and dieinterested frecholdcrs.
one of whom shall be selected BY the
owner of the improvements, one 10y a
representative OF the government, and
a third by the two thus chosen, and
no entry shall be cancelled or the
lands embraced therein so appropri-
a,ed until the amounts thus ascer.
tanned are agreed upon have been
paid to the owner thereof.