The daily sentinel., 1914-03-31

not. shall be charged with a mini
mum operation and maintenance
charge based upon the charge for de-
livery OF not less than one acre-foot
or water: Provided, That whenever
any legally organized water users
association or irrigation district shall
so request, the secretary of the inte-
rlor is hereby authorized. in his dis
erection, to transfer to such water
users association or irrigation dis
trfet the care, operation and main
tenanee OF all or any part of the pro-
Ject works, subject To such rules and
regulations as he may prescribe. II
the total amount of operation and
maintenance charges and penalties
collected for any one irrigation sea-
son or any project shall exceed the
cost OF operation and maintenance OF
the project during that irrigation sea
son, the balance shall be applied to a
reduction of the charge on the pro-
1ect for the next irrigation season.
and any deficit incurred may like
wise be added to the charge for the
next irrigation season.
Penalties.
Sec. G. That all operation and
maintenance charges shall become
due and payable on the date fixed for
each project by the secretary of the
interior, and if such charge is paid
on or before the date when due
there shall be a discount of five per
centum of such charge; but If such
charge is unpaid on the first day of
the third calendar month thereafter
a penalty of one per centum of the
amount unpaid shall be added there
to, and thereafter an additional pen
atty OF one per centum of the amount
unpaid shall be added on the first
day of each calendar month If such
charge and penalties shall remain
unpaid. and no water shall be deliy-
cred to the lands of any water-right
applicant or entryman who shall be
in arrears for more than one calendar
wear for the payment of any charge
for operation and maintenance or any
annual construction charge and pen
alties. II any water-right applicant
or entryman shall be one year in ar
rears in the payment of any charge
for operation and maintenance and
penalties, or any part thereof. his
water-right application. and If he be
a homestead entryman his entry also,
shall be subject to cancellation, and
all payments made by him forfeited
to the reclamation fund. In the dis
cretion of the secretary of the inte-
rior suit or action may be brought
for the amounts In default and PEN
alties in like manner as provided in
section three of this act
Fiscal Agent.
Sec. Z. That the secretary of the
interior is hereby authorized. in his
discretion, to designate and appoint,
under such rules and regulations as
he may prescribe, the legally organ
lied water users association, or irri-
CATION district under any reclama-
tion project, as the fiscal agent of the
United States to collect the annual
payments on the construction charge
of the project and the annual charges
for operation and maintenance and all
penalties: Provided. That no water
right applicant or entryman shall be
entitled to credit for any paym ent
thus made until the same shall have
been paid over to an officer desig-
mated by the secretary of the interi-
or to receive the same.
Reclamation Requirements.
Sec. 8. That the secretary of the
interior is hereby authorized to make
rules and regulations governing the
irrigation of the lands within any
project, and may require the reclama-
tion for agricultural purposes and the
cultivation OF one-half the irrigable
area under each water-right appltca-
tion or entry within three full irriga-
tion seasons after the filing of water
right application or entry, and the
reclamation for agricultural purposes
and the cultivation of three-fourths
the irrigable area within five full ir-
rigation seasons after the filing oil
the water-right application or entry
and shall provide for continued COM
pliance with such requirements
Failure on the part of any water
right applicant or entryman to COM
ply with such requirements shall rem
der his application or entry subject
to cancellation.
Lands Not Subject TO Reclamation
Act.
Sec. 9. That In all cases where ap-
plication for water right, for lands In
private ownership or lands held under
entries not subject to the reclamation
law, shall not be made within one
year after the passage of this act
or within one year after notice issued
in pursuance of section four of the
reclamation act, in cases where such
nOtlCe mas uOl ltlttOiOic btch AooaSu
the construction charges for such
land shall be increased five per cent
um each year until such application
is made and an initial installment Is
paid.
withdrawn Lands Subject to Entry
Sec. 10. That the act of congress
approved February IS, 1911, entitled
AN act to amend section five of the
act of congress of June 25, 1910, en-
titled An act to authorize advances
to the reclamation fund and for the
issuance and disposal of certificates
OF Indebtedness in reimbursement
therefor, and for other purposes.
be. and the same hereby Is amended
SO as to read as follows:
Sec. 5. That no entry shall be
hereafter made and no entryman
shall be permitted to go upon lands
reserved for irrigation purposes un.
til the secretary of the interior shall
have established the unit of acreage