Show THE irrigation BILL f full text of the act as it passed congress 1 which will bring booming pros t to the west the following ia the full text of abo irrigation act as it passed congress alonse of of america in congress that all moncye received from me gala and disposal of public lands in arizona california colorado idaho kansas montana Mon lana ebra sRa ada tw SI exico oklahoma oregon bouth dakota utah washington and wyoming beginning with the fiscal year ending juno 30 1901 including the surplus of fees and in excess of allowances to registers and receivers and excepting the five per of the proceeds of the sales of public lands in the above states set aside by for educational and other purposes shall be and the same arc hereby reserved set aside and appropriated as a sacci il fund in the treasury to be known as the reclamation fund to bo used in the examination and survey for the construction and maintenance of irrigation works for the storage diversion und development of batera for alie reclamation cla mation or arid und semiarid semi arid ands in the eaid states and territories and for tho payment of all other expenditures provided for in this act provided that in case the receipts from the sale and disposal of public lands other than those realized from the sale and disposal of lands referred to in this section are insufficient to meet the requirements for the support of agricultural colleges in the several states and territories under the act of august 30 1899 entitled an act to apply portion of the proceeds of the lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts established under the provisions of an act of congress approved july 2 1862 the deficiency if any in the sum necessary for the support of the said colleges shall be pro aided vided for from any moneys in the treasury not otherwise appropriated sec 2 that the secretary of the interior is hereby authorized and di reeled to make examinations and surveys for and to locate and construct as herein provided irrigation works for the storage diversion and development of waters including artesian wells and to report to congress at tc beginning of each regular session as to the results of such examinations and surveys diviny estimates of cost of all contemplated works the quantity and location of the lands which can be irrigated and all facts relative to the practicability of each irrigation project also the cost of works in process of construction as well as of those which have been completed sec 3 tha that t the secretary of the interior shall before giving the public notice provided for in section 4 of this act withdraw from public entry the land required for any irrigation works contemplated under the pro of this act and shall restore to public entry any of the lands so withdrawn when in his judgment fuch lands are not required for the purposes of this act and the secretary of the interior is hereby authorized at or immediately prior to the time of beginning the surveys for any bontem plated irrigation works to withdraw from entry except tinder the homestead laws any public lands believed to be susceptible 0 irrigation from mid works provided that all lands entered and entries made under the homestead laws within area so withdrawn during uch withdrawal shall w subject to all the provisions anuta ions charges terms and conditions of this act that said shall bo diligently to completion and tipon the completion thereof and of th necessary map plana and estimates of cost the secretary of the ini in i tenor hall determine whether or not said project ia practicable and advis t able and if determined 0 o bo or he shall upon reathro said lands to entry that public lands which it ia proposed to irrigate by means of any contemplated works shall be to entry only under ahe of the homestead laws in tracts of not leas than forty nor more ago acres and shall be subject to the limitations sturges ct urges terms and conditions herein provided provided that the commutation provisions of alie homestead davs shall not apply to entries made under aliis act see 4 that upon the determination by abo secretary of the interior that any irrigation project is practicable ho may cause to be let contracts for the construction of the same in whole or in part providing the funds arc available in the reclamation cla mation fund and thereupon he shall give public notice of the lands irrigable tinder such project and limit of area per entry which limit shall represent tho acreage which in the opinion of the secretary secreta ry may be reasonably required for the support of a family upon the lands in question also of the charges which be made per acre upon the said entries and upon lands in private ownership which may be irrigated by the waters of the said irrigation project and the number of annual installments not exceeding ten in which lucli charges shall be paid and alie time when such payments shall commence the said charges shall be determined wath a view of returning to the reclamation cla mation fund the estimated cost of construction of the project and shall b apportioned equitably provided that in all construction work eight hours shall constitute a days work and no mongolian labor shall be em aloyed thereon bee 5 that the cn tryman upon lands to ie irrigated by such works shall in addition to compliance with the homestead laws reclaim at leat one half of total irrigable area of his entry for agricultural purposes and before re caving patent for the lands covered by his entry shall pay to the government the charges apportioned against such tract as provided in section 4 no right to alie uso of water for land in private ownership shall be sold for a tract exceeding acres to any one und owner and no lucli sale ahall be enado to any land owner unless he be ap actual bona fide resident on such land or occupant thereof residing in tio neighborhood of said land and no such right shall permanently attach until all payments arc made the annual installments shall be paid to the receiver of the local land office of alie district in which the land is situated and a failure to make any two pay ments when due shall render the entry subject to cancellation with the forfeiture of ull rights under this act as well an of all moneys already paid thereon all moneys received from the above sources shall be paid into the tian fund registers and shall be allowed the usual commissions on all paid for lands under this act sec fi that the of alio in tenor I 1 hereby authorized and directed to cwi iwi the reclamation fund far the operation and maintenance of all reser volra and irrigation works constructed under the provisions of this act provided that when the payment required by this act arc made for the major portion of the lands irrigated fram the latera of any of the works herein provided for then alie management and operation of such irrigation works ahall pass to the owners of alie lands irrigated thereby to bo maintained at their expense under such form of organization and under such rules and regulations as may be acceptable to the secretary of the interior provided that the title to and the management operation of the reservoirs and the works necessary for their protection aid shall remain in alie government until otherwise provided by congress bac 7 that where in carrying out the pro of this act it Leco nici necessary to acquire any rights or the secretary of alic interior ii hereby authorized to acquire the bamo for the united states by purchase or by condemnation under judicial procco and to any from the fund which may bo needed for eliat purpose and it shall bo the duty of the attorney general of the united states upon every application of the secretary of the interior under this act 1 to came proceedings to be commenced for condemnation within thirty days from alie receipt of the application at the department of justice sec 8 that nothing in this act be construed as affecting or intended to affect or to in any way interfere with the laws of any state or territory relating to alie control appropriation pria tion use or distribution of water used in irrigation or any vested right acquired and the secretary of the interior in carrying out tho provisions of elih act shall proceed in I 1 conformity with such laws and nothing herein shall in any way affect any right of any state or of the federal government or of any land owner appropriator ator or user of water in to or from any interstate stream or the water thereof provided that tho right to alie use of water acquired under the provi ioni of chii act shall be appurtenant to the land irrigated and beneficial use shall be the basis the measure and the of tho right sec 9 alint it is hereby declared to tic the duty of the secretary of alie interior in carrying out the provisions of chii act so far as the tanio inny be practicable and to alic existence of feasible irrigation projects to expend alic major coition of the funds arising from the sale of public lands within each state and territory hereinbefore in named for alie benefit of arid and acci arid land within the limits of bubli slate or territory provided eliat alio secretary may temporarily use such portion of said funds for the benefit of arid or semiarid semi arid lands in any particular state or territory hereinbefore named as lie may deem advisable but ahen so used alie excess shall be restored to tho fund as soon as practicable to the end that ultimately and in any event within each ten year period after the passage of tah act the expenditures for the benefit of the said states and territories shall be equalized according to the proportion and subject to tho condition as to practicability and feasibility aforesaid sec 10 that ahe secretary of 10 interior ii hereby authorized to per form any and all acts and to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this act into full force and effect |