The Parker post., 1912-04-06

facts as shall enable the board to de-
termine as to their financial ability
to carry out the proposed enterprise.
Certified Check to Accompany
Proposal.
Section 4. A certified check in
such reasonable sum as may be re-
uuired by the rules of the board, not
less than $3.50, shall accompany each
such proposal, the same to be held
as guaranty for the execution of the
contract with the state in accordance
with it's terms, by the party submit
ting such proposal, III case OF the ap-
prOval of the same and the selection
of the land by the board. and to be
forfeited to the state in accordance
with the provisions of this chapter.
Land Board to Examine Notice.
Protest.
Section 5. Upon receipt of such
application and proposal the board
shall examine the same, and If it
does not comply with the regllla-
tions of the department of the inter
ior and rules of the board, it must
rection; but if it does so comply, the
board shall determine whether the
reclamation of the land applied for
can be secured by means OF the ir-
rigation system or systems proposed
to be extended to such land for the
purposes of it's reclamation, whether
there are sufficient water rights vest
ed in the applicant, or there is suf-
ficient unappropriated water in the
source of supply, and whether the
capacity of the constructed or pro-
posed works is adequate to reclaim
the lands described; whether or NOT
the proposed cost of construction i
reasonable: and whether or not the
lands proposed to be irrigated are
desert in character and such as may
properly be set apart under the pro-
visions of the said act of Congress
and the regulations OF the department
of the interior hereunder; the said
application shall then be submitted
to the state engineer who shall then
examine the same and make a writ
ten report to the board stating
whether the proposed works are feas-
ible and whether the capacity of the
proposed works is adequate to re
claim the land described, whether the
maps filed i'll his office comply with
the requirments of said office and the
regulations of the departm of the
interior, and shall report his recon-
mendatiOn upon said application AMI
whether or not in his opinion the
same should be granted. Whenever
the state engineer shall be unable
from the examination of the maps
and field notes submitted, to deter.
mine whether or not the proposed ir
rigation works are feasible, he shall
re port so to the board, and also re
port the estimated cost of the survey
ard examination and it shall be hi
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 tn
board when directed by said board t.
make such examination or survey
Request for Withdrawal of Land
From Entry.
Section g. 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 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, it shall
cause the parties making such pro-
posal to be notified of such action
and the reasons therefor, land the part
les SO notified shall have sixty days
In, f0
which time may be extended from
time TO time at the discretion of the
board.
Price Of Land and Water to be Fixed
Bond.
Section T. Upon the withdrawal of
the land by the department of the In
terror. ii shall be the duty of the
board 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 estiInat-
ed cost of the proposed works, and
the minimum price per acre at which
perpetual water rights shall be sold
to settlers land 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. in the discretion of the
board, th" contract may provide that
the sale to settler of tract of land
with permanent water right shall
inc lude Il pro rata interest in the res
er|Oir and irrigation works, equal 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
such interest shall be transferred to
such settler, il the said irrigation sys-
ten, shall be constructed by a cor
poratlon, c: 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