records where any unentered or entered and unpatented lands are affected. (August 11, 1916, c. 319, § 4, 39 Stat. 508.) [625. Release of unentered land from lien on noncompletion of irrigation project.]—The Secretary of the Interior may, upon the expiration of ten years from the date of his approval of said map and plan of any irrigation district, release from the lien authorized by this chapter any unentered land or lands upon which final certificate has not issued, for which irrigation works have not been constructed and water of such district made available for the land. (August 11, 1916, c. 319, § 3, 39 Stat. 507.) [626. Enforcement of lien against entered but unpatented land. ]Said lien upon said land covered by unpatented entries may be enforced upon said unpatented lands by the sale thereof in the same manner and under the same proceeding whereby said assessments are enforced against lands held under private ownership: Provided, That in the case of entered unpatented lands the title or interest which such irrigation district may convey by tax sale, tax deed, or as a result of any tax proceeding shall be subject to the following conditions and limitations: If such unpatented land be withdrawn under chapter 12 of this title, or subject to the provisions of said chapter, then the interest which the district may convey by such tax proceedings or tax deed shall be subject to a prior lien reserved to the United States for all the unpaid charges authorized by the said chapter, but the holder of such tax deed or tax title resulting from such district tax shall be entitled to all the rights and privileges in the land included in such tax title or tax deed of an assignee under the provisions of section 441 of said chapter, and upon submission to the United States land office of the district in which the land is located of satisfactory proof of such tax title, the name of the holder thereof shall be indorsed upon the records of such land office as entitled to the rights of one holding a complete and valid assignment under said section 441, and such person may at any time thereafter receive patent upon submitting satisfactory proof of the reclamation and irrigation required by the said chapter. (August 11, 1916, c. 319, § 2, 39 Stat. 507.) [627. Sale of unpatented and unentered land prohibited-Suspension of entry.]-No public lands which were unentered at the time any tax or assessment was levied against same by such irrigation district shall be sold for such taxes or assessments, but such tax or assessment shall be and continue a lien upon such lands, and not more than one hundred and sixty acres of such land shall be entered by any one person; and when such lands shall be applied for, after said approval by the Secretary of the Interior, under the homestead or desert-land laws of the United States the application shall be suspended for a period of thirty days to enable the applicant to present a certificate from the proper district or county officer showing that no unpaid district charges are due and delinquent against said land. (August 11, 1916, c. 319, § 5, 39 Stat. 508.) [628. Patents to entered but unpatented land. ]-Any entered but unpatented lands not subject to reclamation law, chapter 12 of this title, sold in the manner and for the purposes mentioned in this chapter may be patented to the purchaser thereof or his assignee at any under which it may have been sold (no redemption having been made) upon the payment to the receiver of the local land office of the minimum price of $1.25 per acre, or such other price as may be fixed by law for such lands, together with the usual fees and commissions charged in entries of like lands under the homestead laws, and upon a satisfactory showing that the irrigation works have been constructed and that water of the district is available for such land; but the purchaser or his assignee shall, at the time of application for patent, have the qualification of a homestead entryman or desert-land entryman, and not more than one hundred and sixty acres of said land shall be patented to any one purchaser under the provisions of this chapter. These limitations shall not apply to sales to irrigation districts, but shall apply to purchasers from such irrigation districts of such land bid in by said district. Unless the purchaser or his assignee of such lands shall, within ninety days after the time for redemption has expired, pay to the proper receiver all fees and commissions and the purchase price to which the United States shall be entitled as provided for in this chapter, any person having the qualification of a homestead entryman or a desert-land entryman may pay to the proper receiver, for not more than one hundred and sixty acres of said lands, for which payment has not been made, the unpaid purchase price, fees, and commissions to which the United States may be entitled; and upon satisfactory proof that he has paid to the purchaser at the tax sale, or his assignee or to the proper officer of the district for such purchaser or for the district, as the case may be, the sum for which the land was sold at sale for irrigation district charges or bid in by the district at such sale, and in addition thereto the interest and penalties on the amount bid at the rate allowed by law, shall be subrogated to the rights of such purchaser to receive patent for said land. In any case where any tract of entered land lying within such approved irrigation district shall become vacant by relinquishment or cancellation for any cause, any subsequent applicant therefor shall be required, in addition to the qualifications and requirements otherwise provided, to furnish satisfactory proof by certificate from the proper district or county officer that he has paid all charges then due to the district upon said land and also has paid to the proper district or county officer for the holder or holders of any tax certificates, delinquency certificates, or other proper evidence of purchase at tax sale the amount for which the said land was sold at tax sale, together with the interest and penalties thereon provided by law. (August 11, 1916, c. 319, § 6, 39 Stat. 508.) [629. Delivery to register and to entryman of notices required by State law-Right to hearing, appeal, etc.]—All notices required by the irrigation district laws mentioned in this chapter shall, as soon as such notices are issued, be delivered to the register of the proper land office in cases where unpatented lands are affected thereby, and to the entryman whose unpatented lands are included therein, and the United States and such entryman shall be given the same rights to be heard by petition, answer, remonstrance, appeal, or otherwise as are given to persons holding lands in private ownership, and all entrymen shall be given the same rights of redemption as are given to the owners of lands held in private ownership. (August 11, 1916, c. 319, § 7, 39 Stat. 509.) [630. Disposition by Government of proceeds of land sold.]-All moneys derived by the United States from the sale of public lands referred to in this chapter shall be paid into such funds and applied as provided by law for the disposal of the proceeds from the sale of public lands. (August 11, 1916, c. 319, § 8, 39 Stat. 509.) NOTE Chapter 14 omitted because it relates to Carey Act laws. Chapter 15.-APPROPRIATION OF WATERS; RESERVOIR SITES. Sec. 661. Appropriation of waters on public lands; right of way for canals and ditches. 662. Reservation of reservoir sites generally. 663. Restriction of sites to inclusion of necessary lands. 664. Rights of way over reservoir sites generally. 665. Rights of way over reservoir sites, wagon road, railroad, or other highway. [Section 661. Appropriation of waters on public lands-Right of way for canals and ditches.]-Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by this section. (R. S. §§ 2339, 2340.) [662. Reservation of reservoir sites generally.]-Sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows, located or selected prior to August 30, 1899, shall remain segregated and reserved from entry, or settlement, until otherwise provided by law, and reservoir sites thereafter located or selected on public lands shall in like manner be reserved from the date of the location or selection thereof: Provided, That the President may at any time in his discretion, by proclamation, open any portion or all of the lands reserved by this provision to settlement under the homestead laws. (October 2, 1888, c. 1069, § 1, 25 Stat. 526; August 30, 1890, c. 837, § 1, 26 Stat. 391.) [663. Restriction of sites to inclusion of necessary lands.]-Reservoir sites located or selected and to be located and selected shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs; excluding the location of said reservoirs. 1101.) [664. Rights of way over reservoir sites generally.]-All reservoir sites reserved or to be reserved shall be open to use and occupation under sections 946 to 949, inclusive, of this title, and any State is hereby authorized to improve and occupy such reservoir sites to the same extent as an individual or private corporation, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the charges for water coming in whole or part from reservoir sites used or occupied under the provisions of this section shall always be subject to the control and regulation of the respective States and Territories in which such reservoirs are in whole or part situate. (February 26, 1897, c. 335, 29 Stat. 599.) (March 3, 1891, c. 561, § 17, 26 Stat.. [665. Rights of way over reservoir sites, wagon road, railroad, or other highway.]--In the form provided by existing law the Secretary of the Interior may file and approve surveys and plats of any right of way for a wagon road, railroad, or other highway over and across any reservoir site when in his judgment the public interests will not be injuriously affected thereby. (March 3, 1899, c. 427, § 1, 30 Stat. 1233.) A Accrued charges, relief act of 1924.. Page 103 177 47 135, 148 16 221 225 39 1 6 5 Acceptance extension act.. Pri from Dec. 733) ---- Accounts, administrative examination of (3 Comp. Gen. 931; 13 Comp. Accrued charges, relief act of 1923. Acts of Congress: July 26, 1866, 14 Stat. 251. 29 'སྶསྶ॰ 4 2, 5 29 2 |