The Parker post., 1912-04-27
BRENNAN BILL IS
NOW UP TO SENATE
CONTINUED from Page 1.)

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
examine the same and make 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 in his office comply with
the requirments of said office and the
regulations of the department of the
interior, and shall report his recon-
mendation upon said application and
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
repOrt so to the board, and also re
port the estimated cost OF the survey
and 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 tt
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, it 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, i; 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 estimat-
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 pei
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 a tract
of land with 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 tn:
said land and water right, capital
stock of the corporation representing
such interest shall be transferred tC
such settler, if the said irrigation sys-
teni shall be constructed by cor
pOratiOn, OF if by person or com
pany then snch interest shall be con
veyed to the settler by the person OF
company constructing the said irrlga
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 th-
land and permanent water right, the
amount or quantity of annual water
supply; and said party, parties OF
corporation shall have the right to pre-
vide reasonable rules and regulations
for the use and distribution of the
annual supply of water, such rule
and regulations to be approved by th(
board; and said contractor shall en-
ter into satisfactory bond in pen
al sum equal to five per cent of thc
estimated cost of the works for th.:
faithful performance of the provision;
of the contract with the state; but in
no case shall said bond exceed the
sum of fifty thousand dollars
$3.50, ,000)
Time for Completion. Forfeitures
Section 8. ALI contracts shall stats
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
tion; and that the cessation of work
under a contract for a period of six
months shall be ground of forfeiture c
all rights under the contract upor
which the state may proceed to OBJ
tain a decree of forfeiture, according
to law, and for the recovery of tn:
penal sum named in the bond; pre-
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 i'm cases of contractors who, al
the date of the application, own OF
have vested rights in water and in {
reservoir, a reservoir site, canals, o.
other irrigation works, the forfeiture
shall extend only to such portions o1
~thp cUCtono OF ot thG