of user to grantees under the project and use of the water by them in irrigating their parcels, but attaches to the seepage from such irrigation, affording the Government priority in the enjoyment thereof for further irrigation on the project over strangers who seek to appropriate it for their lands. (Ide v. U. S. (1924), 263 U. S. 497, 68 L. Ed. 407, 44 S. Ct. 182, affirming U. S. v. Ide (1921), 277 Fed. 373.)

Landowners within a Federal irrigation project can not avail themselves of waste and seepage water arising in connection with the operations of the project when such water is claimed by the Government. (Memorandum decision June 26, 1918, by State District Judge Isaac F. Smith, in re petition Nampa-Meridian irrigation district for confirmation of contract with the United States, Boise.)

Where waste water arising from a Federal irrigation project, after percolation, is recovered by the Government by means of drainage ditches, with the intention of conserving and applying it to a beneficial use, the Government has a superior right to the water. (Griffiths v. Cole, decision in United States District Court for Idaho, October 11, 1919, Boise, 264 Fed. 369.) See Lambeye v. Garcia, 157 Pac. 977 (Salt River).

Water right is appurtenant to the land. Upon the issuance of a water-right certificate the right evidenced thereby becomes appurtenant to the land, subject to forfeiture for failure to pay the annual installments at the time and in the manner prescribed by law and the regulations, and a subsequent purchaser of the land succeeds to the rights and status of the original owner, subject to the same charges and conditions. (Fleming McLean, 39 L. D. 580.)

Interstate streams.-Congress was solicitous that all questions respecting interstate streams thought to be involved in that litigation (Kansas v. Colorado) should be left to judicial determination unaffected by the reclamation act-in other words that the matter be left just as it was before. (Wyoming v. Colorado (1922), 42 S. Ct. 552, 259 U. S. 419, 463, 66 L. Ed. 999.)

Sec. 9. [Repealed by section 6, act of June 25, 1910, 36 Stat. 835.]

NOTES

The repealed section reads as follows:

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That it is hereby declared to be the duty of the Secretary of the Interior in carrying out the provisions of this act, so far as the same may be practicable and subject to the existence of feasible irrigation projects, to expend the major portion of the funds arising from the sale of public lands within each State and Territory hereinbefore named for the benefit of arid and semiarid lands within the limits of such State or Territory: Provided, That the Secretary may temporarily use such portion of said funds for the benefit of arid or semiarid lands in any particular State or Territory hereinbefore named as he may deem advisable, but when so used the excess shall be restored to the fund as soon as practicable, to the end that ultimately, and in any event, within each 10-year period after the passage of this act, the expenditures for the benefit of the said States and Territories shall be equalized according to the proportions and subject to the conditions as to practicability and feasibility aforesaid."

Sec. 10. [Authority to make rules and regulations.]-That the Secretary of the Interior is hereby authorized to perform 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. (32 Stat. 390.)

NOTES

Authority for and effect of rules and regulations.-Congress may authorize the Secretary of the Interior to make rules and regulations for the carrying into effect of the provisions of a law as to the public lands the enforcement of which devolves on his department. (Clyde v. Cummings, 35 Utah, 461, 101 Pac. 106.)

A rule by the Secretary of the Interior, the import of which is to carry into effect the provisions of an act relating to the public lands, is valid, and has the same binding force as the law itself. (Idem.)

This section gives the Secretary of the Interior no authority or power that he would not have if it were omitted. (Op. Atty. Gen., April 27, 1905.)

Use of withdrawn lands.-The Secretary of the Interior may establish rules as to the use of withdrawn lands while not needed for the purpose for which they are reserved, and may lease them for grazing and limit animals to be grazed thereon, the revenue derived going into the reclamation fund. (Clyde v. Cummings, 35 Utah, 461, 101 Pac. 106.)

Lease of rooms.-The appropriation known as the "reclamation fund," being a permanent appropriation, the Secretary of the Interior may, under the power conferred on him by this section, authorize the leasing of certain rooms in Phoenix, Ariz., for a period of five years for the use of the Reclamation Service (Bureau of Reclamation), the rent therefor to be paid from said appropriation. (10 Comp. Dec. 461.).

Young Men's Christian Association.-Under the broad authority conferred upon the Secretary of the Interior by this section, he may, by specific contract with the employees of the Reclamation Service (Bureau of Reclamation) or by general regulation, employ trained secretaries of the Young Men's Christian Association to improve the conditions in construction camps and to look after the sanitary and related matters as incidental to the employment of and as a part of the compensation of said employees and payment therefor may be made from the reclamation fund. (14 Comp. Dec. 672.)

Liquidation of damages.-Where damage to lands arises in connection with construction, operation, or maintenance of a reclamation project, and is caused neither by negligence nor by accident, the Secretary of the Interior now and always has had, under section 10 of the reclamation act, the power to liquidate the damages, as declared by Congress in the appropriation act of March 3, 1915. (38 Stat. 351.) The latter act is a legislative construction of the reclamation act. The damages in question must be due to acts by direction of competent authority. (Comp. Dec. in re Scott, June 15, 1915, Shoshone.) Appeals.-Appeals from the action of a project engineer lie in the first instance to the Director (Commissioner) of the Reclamation Service (Bureau of Reclamation), with right of further appeal to the Secretary of the Interior. (Williston Land Co., 39 L. D. 2.)

The instructions of June 27, 1910 (39 L. D. 51), providing for appeals to the Director (Commissioner) of the Reclamation Service (Bureau of Reclamation) and the Secretary of the Interior, successively, from adverse action of project engineers, are applicable only in cases involving questions which properly rest for decision within the jurisdiction of the Reclamation Service (Bureau of Reclamation). (Anna M. Wright, 40 L. D. 116.)

Any matter at issue arising in connection with and within the jurisdiction of the Reclamation Service (Bureau of Reclamation) should first be decided by the Reclamation Service (Bureau of Reclamation), with right of appeal to the Secretary of the Interior. (Departmental decision, March 8, 1915, 44 L. D. 11.)

See reclamation regulations of June 27, 1910, as to appeals from action of field officers in reclamation matters. (39 L. D. 51.)

See sections 148-153, general reclamation circular, approved May 18, 1916, 45 L. D. 385.

Suspension of public notices.-The Secretary of the Interior has no general supervisory authority under section 441, Revised Statutes, under section 10 of the act of June 17, 1902, or under section 15 of the act of August 13, 1914, to suspend public notices issued under the reclamation law. (Departmental opinion December 31, 1923, in re Shoshone irrigation project, 50 L. D. 223.) Miscellaneous.-See notes under section 1 of this act.

See C. L. 818, May 12, 1919, regarding authority of Secretary of the Interior to provide means for extermination of grasshoppers and other pests.

C. L. 1423, June 22, 1925, incloses Comptroller General's decision regarding employment contract for personal services and equipment.

RECLAMATION OF INDIAN LANDS IN YUMA, COLORADO RIVER, AND PYRAMID LAKE INDIAN RESERVATIONS

[Extracts from] An act making appropriations for the current and contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes for the fiscal year ending June 30, 1905, and for other purposes. (Act April 21, 1904, ch. 1402, 33 Stat. 189)

Sec. 25. [Reclamation and disposal of irrigable lands in Yuma and Colorado River reservations-Diversion of Colorado River-Allotment— Price per acre-Installment payments-Proceeds.]-That in carrying out any irrigation enterprise which may be undertaken under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, and which may make possible and provide for, in connection with the reclamation of other lands, the reclamation of all or any portion of the irrigable lands on the Yuma and Colorado River Indian reservations in California and Arizona, the Secretary of the Interior is hereby authorized to divert the waters of the Colorado River and to reclaim, utilize, and dispose of any lands in said reservations which may be irrigable by such works in like manner as though the same were a part of the public domain: Provided, That there shall be reserved for and allotted to each of the Indians belonging on the said reservations five acres of the irrigable lands. The remainder of the lands irrigable in said reservations shall be disposed of to settlers under the provisions of the reclamation act: Provided further, That there shall be added to the charges required to be paid under said act by settlers upon the unallotted Indian lands such sum per acre as, in the opinion of the Secretary of the Interior, shall fairly represent the value of the unallotted lands in said reservations before reclamation; said sum to be paid in annual installments in the same manner as the charges under the reclamation act. Such additional sum per acre when paid shall be used to pay into the reclamation fund the charges for the reclamation of the said allotted lands, and the remainder thereof shall be placed to the credit of said Indians and shall be expended from time to time under the direction of the Secretary of the Interior for their benefit. (33 Stat. 224.)

NOTES

Amendment.-Irrigable area to be allotted each Indian increased from 5 acres to 10 acres by act of March 3, 1911. (36 Stat. 1063.)

Sec. 26. [Reclamation and disposal of irrigable lands in Pyramid Lake Indian Reservation-Allotment-Price per acre-Installment paymentsProceeds.] That in carrying out any irrigation enterprise which may be undertaken under the provisions of the reclamation act of June seventeenth, nineteen hundred and two, and which may make possible and provide for, in connection with the reclamation of other lands, the reclamation of all or any portion of the irrigable lands on the Pyramid Lake Indian Reservation, Nevada, the Secretary of

the Interior is hereby authorized to reclaim, utilize, and dispose of any lands in said reservation which may be irrigable by such works in like manner as though the same were a part of the public domain: Provided, That there shall be reserved for and allotted to each of the Indians belonging on the said reservation five acres of the irrigable lands. The remainder of the lands irrigable in said reservation shall be disposed of to settlers under the provisions of the reclamation act: Provided further, That there shall be added to the charges required to be paid under said act by settlers upon the unallotted Indian lands such sum per acre as in the opinion of the Secretary of the Interior shall fairly represent the value of the unalloted lands in said reservation before reclamation, said sum to be paid in annual installments in the same manner as the charges under the reclamation act. Such additional sum per acre, when paid, shall be used to pay into the reclamation fund the charges for the reclamation of the said allotted lands, and the remainder thereof shall be placed to the credit of said Indians and shall be expended from time to time under the direction of the Secretary of the Interior for their benefit. (33 Stat. 225.)

CROW INDIAN IRRIGABLE LANDS SUBJECTED TO RECLAMATION LAW

[Extracts from] An act to ratify and amend an agreement with the Indians of the Crow Reservation in Montana, and making appropriations to carry the same into effect. (Act April 27, 1904, ch. 1624, 33 Stat. 352)

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Art. II. [Ceded lands to be disposed of under reclamation law.]—That in consideration of the land ceded, granted, relinquished, and conveyed by article one of this agreement the United States stipulates and agrees to dispose of the same as hereinafter provided under the provisions of the reclamation act approved June seventeenth, nineteen hundred and two, the homestead, town site, and mineral land laws, except sections sixteen and thirty-six, or an equivalent of two sections in each township, at not less than four dollars per acre, subject to the provisions in section five. (33 Stat. 356.)

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Sec. 5. [Filing schedule of allotments-Residue to be disposed of under reclamation act-Indian employees-Undisposed of lands to be open to settlement-Nonirrigable lands.]-That before any of the lands by this agreement ceded are opened to settlement or entry the Commissioner of Indian Affairs shall cause the allotments to be made and the schedule to be prepared, as provided for in section four of this act, and a duplicate of said schedule shall be filed with the Commissioner of the General Land Office. Upon the completion of such allotments and the filing of such schedule, and after the sale or removal of such improvements, the residue of such ceded lands, except sections sixteen and thirty-six, or lands in lieu thereof, which shall be reserved for common-school purposes and are hereby granted to the State of Montana for such purpose, shall be subject to withdrawal and disposition under the reclamation act of June seventeenth, nineteen hundred and two, so far as feasible irrigation projects may be found therein. The charges provided for by said reclamation act shall be in addition to the charge of four dollars per acre for the land, and shall be paid in annual installments as required under the reclamation act; and the amounts to be paid for the land shall be credited to the funds herein established for the benefit of the Crow Indians. If any lands in sections sixteen and thirty-six are included in an irrigation project under the reclamation act, the State of Montana may select in lieu thereof, as herein provided, other lands not included in any such project, in accordance with the provisions of existing law concerning school-land selections. In any construction work upon the ceded lands performed directly by the United States under the reclamation act preference shall be given to the employment of Crow Indians, or whites intermarried with them, so far as may be practicable: Provided, however, That if the lands withdrawn under the reclamation act are not disposed of within five