250 STATE LAND LAWS 



SEC. 387 IRRIGATION LANDS WITHDRAWN. 



SEC. 387. RIGHTS PENDING EXAMINATION. 



Whenever the secretary of the interior of the United States, 

 or any officer of the United States duly authorized, shall notify 

 the Commissioner of Public Lands of this state that pursuant to 

 the provisions of chapter 45 of this code or any amendment of 

 said act or substitute therefor, the United States intends to make 

 examinations or surveys for the utilization of certain specified 

 waters, the waters so described shall not thereafter be subject to 

 appropriation under any law of this state for a period of one year 

 from and after the date of the receipt of such notice by such Com- 

 missioner of Public Lands ; but such notice shall not in any wise 

 affect the appropriation of any water theretofore in good faith 

 initiated under any law of this state, but such appropriation 

 may be completed in accordance with the law in the same manner 

 and to the same extent as though such notice had not been given. 

 No adverse claim to any of such waters initiated subsequent to 

 the receipt by the Commissioner of Public Lands of such notice 

 shall be recognized, under the laws of this state, except as to 

 such amount of the waters described in such notice or certificate 

 hereinafter provided as may be formally released in writing by 

 a duly authorized officer of the United States. If the said secre- 

 tary of the interior or other duly authorized officer of the United 

 States shall, before the expiration of said period of one year, 

 certify in writing to the said Commissioner of Public Lands that 

 the project contemplated in such notice appears to be feasible 

 and that the investigation will be made in detail, the waters 

 specified in such notice shall not be subject to appropriation 

 under any law of this state for the further period of three years 

 following the date of receipt of such certificate, and such fur- 

 ther time as the Commissioner of Public Lands may grant ; upon 

 application of the United States or some one of its authorized 

 officers and notice thereof first published once in each week for 

 four consecutive weeks in a newspaper published in the county 

 where the works for the utilization of such waters are to be con- 

 structed, and if such works are to be in or extend into two or 

 more counties, then for the same period in a newspaper in each 



