258 STATE LAND LAWS 



SECS. 398-399 LANDS FOE IRRIGATION. 



Public Lands shall determine whether or not the proposed works 

 are feasible and the water appropriated and provided for is 

 adequate and whether the maps filed in his office comply with 

 the requirements of his office and the regulations of the depart- 

 ment of the interior ; also whether the lands proposed to be irri- 

 gated are desert in character, and such as may be properly set 

 apart under the provisions of the aforesaid acts of Congress 

 and the rules and regulations of the department of the interior 

 thereunder. When a request or proposal as to substance is not 

 approved by the commissioner he shall notify the party making 

 such request or proposal of his disapproval thereof and the rea- 

 son therefor, and the party so notified shall have sixty days in 

 which to make a satisfactory proposal but the commissioner may, 

 at his discretion, extend the time to six months. (Laws '03, 

 p. 300, sec. 5 ; sec. 6710 Rem.-Bal. ; 477 sec. 311 Pierce.) 



Former Laws: See note to sec. 393, ante. 



Desert lands defined: sec. 605, post, and note. 



SEC. 398. LISTS OF WITHDRAWN LANDS. 



On receipt of the request and proposal, and the approval of 

 the same by the Commissioner of Public Lands, he shall file in 

 the local United States Land Office a list in triplicate, describing 

 the land embraced in said proposal with a request for the with- 

 drawal of the land described in said list. (Laws '03, p. 301, sec. 

 6; sec. 6711 Rem.-Bal.; 477 sec. 313 Pierce.) 



Former Laws: See note to sec. 393, ante. 



SEC. 399. WITHDRAWAL OF LANDS APPROVAL OF CONTRACT. 

 Upon the withdrawal of the land by the department of the 

 interior, it shall be the duty of the Commissioner of Public 

 Lands to enter into a contract with the party submitting the 

 proposal, which contract shall contain complete specifications 

 of the location, dimensions and character of the proposed ditch, 

 canal and other irrigation works ; the price and terms per acre 

 at which perpetual water rights shall be sold to the settler; the 

 amount of water to be supplied ; the price of an annual main- 

 tenance fee per acre, and the price and terms upon which the 



