Williston graphic. (Williston, Williams County, N.D.) 1895-1919, 1905-01-26

Mr.. storre and one Of the superv sing
engineers are expected to be at Bis
marck. at thr irrigation congress- on the
24th, and l understand that they may
also go 10 Bnford to look over the
ground and probably assist in forming
the association.
Very truly yours,
Psrcival NJ. Churchill,
Engineer.
SOME PROVISIONS OF TIE RECLAMATION ACT
The National Irrigation Act. approx
ed June II, 1902 commonly known as
tho PROCLAMATION Act" contemplates
the construction of irrigation works by
the U. S. Government for the reclama-
ton of arid or semi-arid lands, using for
this purpose m oney contained in the
Reclamation fund which has accrued
from the sale of public lands in all the
states and territories named in the act.
Moneys so expended must be returned
to the fund in ten annual payments by
the owners of the lands irrigated by the
means of the works constructed by tho
government.
In order to secure water rights under
Reclamation Project the land owners
must, in addition to making tho requir-
ed annual payments, live upon his land
and must apply the water furnished to
him to beneficial use in the cultivation
of the Same.
This act was primarily intended to
supply irrigating water to arid lands
which are still in governmentownership
but, secondary, permits the construc-
ion OF works to supply irrigating water
to lands partially or wholly in private
ownership. In the latter case certain
rules and regulations, made by the Sec
rotary Of the Interior, must be complied
with by thu present land owners, who
are to be benefited by tho proposed
works. These requirements are, in brief
that the said land owners under any
project shall in advance of construction
of the irrigation work, form themselves
into awater user association under a
form of articles of incorporation appro-
we'd by the Secretary of the Interior.
The articles of incorporation enables
the Secretary to deal with the associa-
ton as tho representative of all the wa
ter users, instead of with each individ-
ual land owner and makes tho associa-
ton directly responsible for the payment
of the money due the government for
the construction, maintenance and op-
Grafton of the irrigat ton works. In case
tho proposed irrigation works can sup
ply water only to lands already in pri-
vate ownership, no public lands lying
within the area of the project, the Sec
rotary requires that, before the con-
struction work begins, proper assurance
shall be given by the land owners to
whom irrigating water can be supplied,
that they will, at the proper time, avail
themselves of the opportunity to obtain
water rights under the proposed irriga-
ing system. These assurances are given
by each land owner subscribing for and
agreeing to take stock in the water user
association in accordance with it's artic-
les of incorporation which provide that
the association may assets ito members
for the expense of the construction,
maintenance and operation Of the irri
CATION works. and such assessments
shall remain lien on the lands of each
of it's members until the same are paid
The amount of these assessments will
depend upon the cost of the completed
works, including pumping plants, reser-
voire and canals, and for the proposed
VOItA OonOt0 l. AOJSSVo "AA OO oO~uS
$50 to e2O0 per acre per year for the
flrst ten years. In addition to the pay
ment of the first cost of tho works, a
yearly assessment will be required to
cover operating and maintenance ex
penses. The latter assessment will de-
pend upon tho amount of irrigation wat
or actually pumped and will vary from
S1.0O to 500 per acre per year.
The first assessment need not accord
ing to the ruling of the Secretary Of tho
Interior, be levied until the close of tho
first season during which irrigating wa
ter has been supplied to to the lands by
the operation Of the irrigation work,
thus affording the water users an oppor-
tunity to obtain one crop from their ir-
rigated lands before making any pay
ments toward the cost OF the works.
Another important provision Of the
articles of incorporation is ths: 10 men,
ber of the association may secure .
water right for more than 160 acres Of
land. This provision is in accordance
with the Reclamation Act which states
that mo right to the use of water for
land in private ownership shsll be sold