STATE LAND LAWS #59 



PERFORMANCE OF CONTRACT. SECS. 400-401 



state is to dispose of the land to settlers : Provided, That such 

 price and terms for irrigation works, water rights, maintenance 

 fee and for lands to be disposed of by the state to settlers, shall 

 in all cases be reasonable and just. This contract shall not be 

 entered into on the part of the state until withdrawal of these 

 lands by the department of the interior and the filing of a satis- 

 factory bond on the part of the proposed contractor for irriga- 

 tion works, which bond shall be in penal sum equal to five per 

 cent, of the estimated cost of the works, and to be conditioned 

 for the faithful performance of the provisions of the contract 

 with the state : Provided, That no contract under the provisions 

 of this chapter shall be entered into by the Commissioner of Pub- 

 lic Lands until the same shall have been approved by the Attorney 

 General and the Governor. (Laws '03, p. 301, sec. 7; sec. 6712 

 Rem.-Bal. ; 477 sec. 315 Pierce.) 



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



SEC. 400. LIMIT OF CONTRACT TIME. 



No contract shall be made by the Commissioner of Public 

 Lands which requires a greater time than ten years for the 

 construction of the works and such additional time as may be 

 granted by the interior department as provided by the afore- 

 said acts of Congress and amendments thereto, and all contracts 

 shall state that the work shall begin within six months from the 

 date of the contract ; at least one-tenth of the construction work 

 shall be completed within two years from the date of said con- 

 tract; and the construction of said works shall be prosecuted 

 with reasonable diligence to completion. (Laws '03, p. 302, sec. 

 8; sec. 6713 Rem.-Bal. ; 477 sec. 317 Pierce.) 



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



SEC. 401. FAILURE TO BEGIN WORK FORFEITURE. 



Upon the failure of any party having a contract with the 

 state for the construction of irrigation works, to begin the same % 

 within the time specified by the contract, or to complete the same 

 within the time or in accordance with the specifications of the 

 contract with the state, it shall be the duty of the Commissioner 



