The Parker post., 1912-06-15

the board to furnish water for the
reclamation of said lands, together
with twenty-five cents per acre for
the land applied for, and contain the
declaration that he will settle upon
and improve said land, and if said
application is not allowed, the twenty
cause to be issued certificate of
the location to the applicant. If the
application is not allowed the twenty
| five cents per acre accompanying it
shall be returned to the applicant. If
the construction company fails to
furnish water to any settler under
the provisions of its contract with
the state, the state shall refund ito
such settler all payments that he shall
have made to the state. The board
shall dispose of all lands accepted by
the state, under the provisions of this
chapter, at price not to exceed fifty
cents per acre; twenty five cents per
acre to be paid at the time of entry,
and the remainder at the time OF
making the final proof by the settler;
but no settler shall be entitled to
make more than one entry; provided
also, that the settlers shall be requir
ed to pay to the Board at the time
of making final proof, whatever ad
ditional sum per acre, which the state
shall be required to pay to the Uni
ted States for the land SO entered un-
der any law Of Congress or regula-
ton of the Secretary of the Interior
applicable
Proceeds to Constitute a RecIama-
tion Fund.
Section II. All moneys received
by the board from the sale of lands
selected under the provisions of this
chapter, except such amounts of mon
ey as shall be required to be paid to
the United States as afore-
said shall be deposited with the state
treasurer; and such sums, as may
be necessary shall be available for
the payment of the expenses of
the board in carrying out the provis-
ions of this chapter, and such expen-
ses shall be paid in a warrant drawn
by the state auditor in the manner
that other expenses of the board are
paid, and any balance remaining, over
and above the expenses necessary to
carry out the provisions of this chap
ter, shall constitute a trust fund to he
used only for the reclamation of other
arid lands.
Completion of Irrigation Work.
Section IL. Upon the completion
of the said works, or any section
thereof, the contractor shall notify
the board that he is prepared to sup
ply water to the land designated i'm
his application, or any particular tract
thereof, whereupon the board shall
cause proof of that fact to be made
to the department of the interior, with
a request that a patent to such land
be issued to the state; and shall
cause notice to be given to each
settler, OF such fact, and within three
years thereafter, each settler shall ap-
pear before the board and make
final proof of reclamation, settlement
and occupation, in accordance with
the regulations of the department of
the interior and the rules of the
board; and shall make final payment
for the land entered by him. Upon
final payment by any settler, the
state shall issue a patent for the land
entered, which shall be executed in
the same manner that other patents
are executed.
Water Rights Appurtenant to Lands.
Lien Thereon for Water. Fore
closure. Redemption.
Section 49, The water rights to
all lands, acquired under the provis-
ions of this chapter, shall attach to
and became appurterant to the land
as soon as title passes from the Uni
ted States to the state. Any person
or corporation furnishing water for
any tract of land, so acquired, shall
be entitled to receive directly, when
due, under said water contracts, all
payments upon the same; and shall
have first and prior lien on said
water rights, the said lien to be in
all respects prior to any or all other
liens created, or attempted to be
created by the owner and pOssessOr
Of said land, and shall remain in
force and effect until the last deferr
ed payment for the water rights is
fully Paid and settled according to
the terms of the contract under which
said water rights We're acquired The
contract for the water rights, upon
which the aforesaid lien is founded,
shall be recorded in the office of the
county recorder of the county where
said land is situated. Upon default
of any deferred payments secured by
any lien under the provisions of this
chapter, the person or corporation
holding or owning said lien, may fore
close the same, according to the
terms and conditions of the contract
granting and selling to the settler
the water rights; and such foreclos-
ures shall be in the manner that mort
cages are foreclosed in this state;
provided, that such settler or settlers
shall have the right, within one
year from the date of foreclosure as
provided in this section, to redeem
such land and water rights, by pay
ment of the sum of such deferred
payment or payments, with interest
not to exceed ten per cent per
annum, with accrued interest and cost
of maintenance
Lien on Land for Cost of RecIama-
ton