Page:United States Statutes at Large Volume 32 Part 1.djvu/455

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FIFTY-SEVENTH CONGRESS. Sess. I. Ch. 1093. 1902. 389 restore said lands to entry; that public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry only under the provisions of the homestead laws in tracts of not less than forty nor more than one hundred and sixty acres, and shall be subject to the limitations, charges, terms, and conditions herein provided: Provided, That the commutation provisions of the homestead ,,{§’,',1‘¥,’g‘“*“*‘°” “°* laws shall not apply to entries made under this Act. ` Sec. 4. That upon the determination by the Secretary of the Interior °°“"“°“‘~ that anfy irrigation project is practicable, he may cause to be let contracts or the construction of the same, in such portions or sections as it may be practicable to construct and complete as parts of the whole project, providin the necessary funds for such portions or sections are available in die reclamation fund, and thereupon he shall give g,1f,§‘§l§f,},‘§,§*°,fh‘ff,j,',;',_Y public notice of the lands irrigable under such project, and limit 'of ew- ' area per entry, which limit shall represent the acreage which, in the opinion of the Secretary, may be reasonably required for the support 0 a family upon the lands in question; also of the charges which shall 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 such charges shall be paid and the time when such payments shall commence. The said charges shall be determined with a view of returning to the reclamation fund the estimated cost of construction _ of the project, and shall be apportioned equitably: Pwwided That in €§','{,'§'{’fQgwO,k h,,,,,, all construction work eight hours shall constitute a day’s work, and no M°¤G°“¤¤ 1*****- Mongolian labor shall be employed thereon. _ Sec. 5. That the entryman upon lands to be irrigated by such works t,,t°,§2‘,§{'°““"“°f°“` shall, in addition to compliance with the homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural · pu ses, and before receiving patent for the lands covered by his entry shalllopay to the Government the charges apportioned against such _ _ tract, as provided in section four. No right to the use of water for_ L"'“*~ land in rivate ownership shall be sold for a tract exceeding one hundred and sixty acres to any one landowner, and no such sale shall be made to any landowner unless he be an actual bona tide resident on such land, or occupant thereof residing in the neighborhood of said land, and no such right shall permanently attach until all payments therefor are made. The annual installments shall be 1d to the P“"“°"°" receiver of the local land office of the district in which the ladnd is situated, and a failure to make any two payments when due shall render the entry subject to cancellation, with the forfeiture of all rights under this Act, as well as of any moneys already paid thereon. All m"°“l°“°°°“"'· moneys received from the above sources shall be paid into the reclamation fund. Registers and receivers shall be allowed the usual com- °°“‘"‘*“"°“”‘ missions on all moneys paid for lands entered under this Act. _ _ Sec. 6. That the Secretary of the Interior is hereby authorized and mkff °‘ '°°“““‘“'°" directed to use the reclamation fund for the operation and maintenance . of all reservoirs and irri tion works constructed under the provisions Pr of this Act: Pr·mv`rled, That when the payments required by this Act OJ-’{§€°{',f°;;jp0;w,,,],,_ are made for the major portion of the lands irrigated from the waters of any of the works herein provided for, then the management and operation of such irri tion works shall pass to the owners of the lands irrigated thereby, to bl; maintained at their expense under such form of organization and under such rules and regulations as may be acceptable to the Secretar of the Interior: Prov-zded, That the title to and the man- Title- · agement andy operation of the reservoirs and the works necessary for their protection and operation shall remain in the Government until otherwise rovided by Congress. Sec. 7. That where in carrying out the provisions of this Act it dg°,f;dgg¤¤*i°¤ *°¤' becomes necessary to acquire any rights or property, the Secretary of