Puslapio vaizdai
PDF
„ePub“

thereon have been paid in full. (Secretary's instructions, July 22, 1914, 43 L. D. 339–341. Departmental instructions of July 1, 1920, amend paragraph 41 of general reclamation circular of May 18, 1916 (45 L. D. 385, 394). See C. L. 911, July 6, 1920, or 47 L. D. 417.)

Where one who has entered into a contract to purchase privately owned lands, title remaining in the vendor, files water-right application and makes payments on account of the construction or building charge, and all rights of the vendee under the contract are reacquired by the vendor, the latter is entitled to receive credit for such payments and to complete the same upon showing proper qualifications to acquire and hold, notwithstanding that the transfer was the result of voluntary action instead of foreclosure proceeding; provided, however, that if the original vendor is not so qualified he must within two years from reacquisition of the land, dispose of such excess holding as directed by paragraph 76 of the departmental regulations of May 18, 1916. gan, 49 L. D. 155.)

(John Mulli

Sec. 4. [United States fiscal agents upon projects-Public record of payments to be kept-Authenticated copies of records to be furnished.]— That the Secretary of the Interior is hereby authorized to designate such bonded fiscal agents or officers of the Reclamation Service as he may deem advisable on each reclamation project to whom shall be paid all sums due on reclamation entries or water rights, and the officials so designated shall keep a record for the information of the public of the sums paid and the amount due at any time on account of any entry made or water right purchased under the reclamation act; and the Secretary of the Interior shall make provision for furnishing copies of duly authenticated records of entries upon payment of reasonable fees, which copies shall be admissible in evidence, as are copies authenticated under section eight hundred and eighty-eight of the Revised Statutes. (37 Stat. 267.)

NOTES

See C. L. 1236, July 9, 1923, regarding changes in designations of certain officials of the Reclamation Service and change of the name of the bureau.

Sec. 5. [United States district courts given jurisdiction.]—That jurisdiction suits by the United States for the enforcement of the provisions of this act is hereby conferred on the United States district courts of the districts in which the lands are situated.

(37 Stat. 267.)

GRANT OF LAND FOR SCHOOL PURPOSES IN SHOSHONE IRRIGATION PROJECT

An act making a grant of lands for school purposes in block numbered thirty-one, town site of Powell, Shoshone reclamation project, Wyoming. (Act August 21, 1912, ch. 319, 37 Stat. 322)

[Sec. 1. Grant of block for school purposes.]-That the Secretary of the Interior is hereby authorized and directed to issue patent conveying block thirty-one, town site of Powell, on Shoshone reclamation project, Wyoming, to school district numbered two, Park County, Wyoming. (37 Stat. 322.)

NOTES

Cross reference.-See act of October 31, 1919 (41 Stat. 326), which gives the Secretary of the Interior general authority to convey public lands in reclamation town sites for school purposes.

PATENTS AND WATER-RIGHT CERTIFICATES FOR DESERT-LAND ENTRYMEN ON RECLAMATION PROJECTS

[Extract from] An act making appropriations to supply deficiencies in appropriations for the fiscal year 1912, and for prior years, and for other purposes. (Act August 26, 1912, ch. 408, 37 Stat. 595)

[blocks in formation]

[Patents to desert-land entrymen within reclamation projects-Proof required.]—That any desert-land entryman whose desert-land entry has been embraced within the exterior limits of any land withdrawal or irrigation project under the act of June seventeenth, nineteen hundred and two, known as the reclamation act, and who may have obtained a water supply for the land embraced in any such desertland entry from the reclamation project by the purchase of a waterright certificate, may at any time after having complied with the provisions of the law applicable to such lands and upon proof of the cultivation and reclamation of the land to the extent required by the reclamation act for homestead entrymen, submit proof of such compliance, which proof, if found regular and satisfactory, shall entitle the entryman to a patent and a final water-right certificate under the same terms and conditions as required of homestead entrymen under the act entitled "An act providing for patents on reclamation entries, and for other purposes, approved August ninth, nineteen hundred and twelve." (37 Stat. 610.)

*

NOTES

Cross reference.-See notes under act August 9, 1912 (37 Stat. 265).

SETTLEMENT OF WATER RIGHTS OF YAKIMA INDIANS

[Extract from] An act making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1915. (Act August 1, 1914, ch. 222, 38 Stat. 582)

*

*

*

*

*

[Additional water to Yakima Indians-Apportionment-Payment of first installment Plan for distribution, etc., to be submitted to Congress.-It appearing by the report of the Joint Congressional Commission, created under section twenty-three of the Indian appropriation act, approved June thirtieth, nineteen hundred and thirteen. (Senate Document Numbered Three hundred and thirty-seven, Sixtythird Congress, second session), that the Indians of the Yakima Reservation in the State of Washington, have been unjustly deprived of the portion of the natural flow of the Yakima Řiver to which they are equitably entitled for the purposes of irrigation, having only been allowed one hundred and forty-seven cubic feet per second, the Secretary of the Interior is hereby authorized and directed to furnish at the northern boundary of said Yakima Indian Reservation, in perpetuity, enough water, in addition to the one hundred and forty-seven cubic feet per second heretofore allotted to said Indians, so that there shall be, during the low-water irrigation season, at least seven hundred and twenty cubic feet per second of water available when needed for irrigation, this quantity being_considered as equivalent to and in satisfaction of the rights of the Indians in the low-water flow of Yakima River and adequate for the irrigation of forty acres on each Indian allotment; the apportionment of this water to be made under the direction of the Secretary of the Interior, and there is hereby authorized to be appropriated the sum of $635,000 to pay for said water to be covered into the reclamation fund; the amount to be appropriated annually in installments upon estimates certified to Congress by the Secretary of the Treasury. One hundred thousand dollars is hereby appropriated to pay the first installment of the amount herein authorized to be expended, and the Secretary of the Interior is hereby directed to prepare and submit to Congress the most feasible and economical plan for the distribution of said water upon the lands of said Yakima Reservation, in connection with the present system and with a view to reimbursing the Government for any sum it may have expended or may expend for a complete irrigation system for said reservation. (38 Stat. 604.)

*

*

28038-27-9

123

RECLAMATION EXTENSION ACT

An act extending the period of payment under reclamation projects, and for other purposes. (Act August 13, 1914, ch. 247, 38 Stat. 686)

[Sec. 1. Payments of construction charges under future rights-Entry subject to announcement.]-That any person whose lands hereafter become subject to the terms and conditions of the act approved June seventeenth, nineteen hundred and two, entitled "An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," and acts amendatory thereof or supplementary thereto, hereafter to be referred to as the reclamation law, and any person who hereafter makes entry thereunder shall at the time of making water-right application or entry, as the case may be, pay into the reclamation fund five per centum of the construction charge fixed for his land as an initial installment, and shall pay the balance of said charge in fifteen annual installments, the first five of which shall each be five per centum of the construction charge and the remainder shall each be seven per centum until the whole amount shall have been paid. The first of the annual installments shall become due and payable on December first of the fifth calendar year after the initial installment: Provided, That any water-right applicant or entryman may, if he so elects, pay the whole or any part of the construction charges owing by him within any shorter period: Provided further, That entry may be made whenever water is available, as announced by the Secretary of the Interior, and the initial payment be made when the charge per acre is established. (38 Stat. 686.)

NOTES

Amendment.-Sections 1, 2, 3, 5, and 6 of this act amended by act of May 15, 1922 (42 Stat. 541.) See departmental opinion of September 29, 1923, 50 L. D. 142.

Sections 1 and 2 amended by acts December 5, 1924 (43 Stat. 703) and May 25, 1926 (44 Stat. 636.)

See notes under section 1, act of May 15, 1922 (42 Stat. 541.)

When lands are taxable by State. Under this act, making the charges for reclamation of arid lands payable in installments, and act of August 9, 1912 (37 Stat. 267) and act of February 15, 1917 (39 Stat. 920), allowing a patent for such lands on payment of all installments due at the time of final proof, which patent conveys a full legal title but reserves a prior lien to the Government for all installments unpaid, an entryman who has received a patent subject to the lien can be taxed by the State on his interest in such lands. (Irwin v. Wright (1922), 42 S. Ct. 293, 258 U. S. 219, 66 L. Ed. 573.)

Lands affected. Upon acceptance of the extension act by the filing of a waterright application, or otherwise, the following described lands become subject to the provisions of section 1 of said act, to wit: (a) Land in private ownerIship which was not made subject to the reclamation law prior to August 13, 1914; (b) public land entered not subject to the reclamation law and not subjected to said law after entry and before August 13, 1914. Such land is not considered public land in respect to water-right applications, Form B of the application being used; (c) public land entered subject to the reclamation law on or after August 13, 1914. As a general rule, for land of this class,

« AnkstesnisTęsti »