The Parker post., 1912-06-15

from the examination OIL The maps
and field notes submitted, to deter
mine whether or not the proposed ir-
rigation works are feasible he shall
report so to the board, and also re-
port the estimated cost of the survey
and examination, and it shall be his
duty to make or to cause to be made
by some qualified assistant such sur
vey or examination as will enable him
to report intelligently thereon to the
board when directed by said board to
make such examination or survey.
Request for Withdrawal of Land
From Entry.
Section 6. On receipt of the report
Of the state engineer the board shall
consider the same, together with said
application In case of approval, the
board shall instruct the secretary to
file in the local land office a request
for the withdrawal of the land deS-
cribed in said proposal or application
from entry In case the board shall
not approve such application, 1t shall
cause the parties making such pro-
pOsal to be notified of such action
and the reasons therefor, and the part
les SO notified shall have sixty days
in which to submit another proposal,
which time may be extended from
time TO time at the discretion of the
board.
Contract Between State and Applicant.
Price Of Land and Water to be Fixed.
Bond.
Section Z. Upon the withdrawal of
the land by the department of the in
terror, Ii shall be the duty of the
beard 20 enter into a contract with
the applicant which contract shall
contain complete specifications of the
location, dimensions, character of
material, class Of work, and estimat-
ed cost of the proposed works, and
the minimum price per acre at which
perpetual water rights shall be sold
to settlers ,and the maximum cost per
annum for the maintenance tax, and
the price and terms upon which the
state is to dispose of the lands to
settlers. The contract shall provide
that the sale to a settler of tract
of land with a permanent water right
shall include a pro rata interest in
the reservoir, irrigation works, and
any power plants that may be built to
the proportion that the tract of land
purchased by him bears to the en-
tire trac- to be reclaimed by the said
irrigation system; and that upon full
payment of the purchase price of the
said land and water right, capital
stock of the corporation representing g
such interest shall be transferred to
such settler, il the said irrigation Sys-
ten shall be constructed by cor
pOration, CT if by a person or COM
pany then such interest shall be- con-
veyed to the settler by the person Or
company constructing the said irriga-
ton system. The price and terms of
water rights, maintenance tax, and
land shall i'm all cases be reasonable;
and said contracting party or parties
shall have the power to fix, in the
contract with the applicant for the
land and permanent water right, the
amount or quantity of annual water
supply; and said party, parties or
corporation shall have the right ito pro
vide reasonable rules and regulations
for the use and distribution of the
annual supply of water, such rules
and regulations to be approved by the
board; and said contractor shall en-
ter into a satisfactory bond in pen
al sum equal to five per cent of the
estimated cost of the works for the
faithful performance of the provisions
of the contract with the state; but in
no case shall said bond exceed the
sum of fifty thousand dollars
$3.50 ,OO0)
Time for Completion. Forfeitures.
Section g. All contracts shall state
that the works covered by the con-
tract shall begin within six months
Of the day of contract, and that the
construction shall be prosecuted dill
gently and continuously to compile
ton; and that the cessation of work
under a contract, for period of six
months shall be ground of forfeiture OF
all rights under the contract upon
which the state may proceed to OBJ
tain decree of forfeiture, according
to law, and for the recovery of the
penal sum named in the bond; pro-
vided, that no property or right which
was vested in the applicant or con-
tractor at the date of the contract,
shall be forfeited; and provided also,
that in cases of contractors who, at
the date of the application, own or
have vested rights in water, and in a
reservoir, reservoir site, canals, or
other irrigation works, the forfeiture
shall extend only to such portions of
the system uncOnStructed at the
time of default, and to the penalty of
the bond given by such contractor.
Notice of Failure to Comply With
Contract. State May Complete Work.
Section 9. Upon the failure of the
contractor to comply with any re-
quirments of his contract, it shall be
the duty of the board to notify such
contractor of such failure, and that,
unless the contractor shall comply
with such requirments within sixty
days from the date of such notice,
the bond and contract shall be at once
and thereby forfeited to the state,
as above provided The board there
after shall advertise for proposals to
complete the said work, and may,
in proper cases, contract with a
bidder who will pay the orig