STATE LAND LAWS 263 



DUTIES OF PURCHASER. SEC. 406 



chapter shall be deposited with the state treasurer and shall 

 constitute a trust fund in the hands of said treasurer to be used 

 in the reclamation of other arid lands. (Laws '03, p. 304, sec. 

 13; sec. 6718 Rem.-Bal. ; 477 sec. 327 Pierce.) 



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



Trust fund required: sec. 609, post. 



Costs to be first paid: sec. 414, post. 



SEC. 406. SETTLER'S CONTRACTS, ETC. 



Within one year after any person, company or association 

 of persons or incorporated company authorized to construct 

 irrigation works under the provisions of this chapter, shall have 

 notified the settlers under such works that they are prepared to 

 furnish water under the terms of their contract with the state, 

 each settler shall enter into a contract with the state for the pur- 

 chase of the land described in his certificate of location, complete 

 the first annual payment thereon, and shall cultivate and reclaim 

 not less than one-sixteenth part of the land filed upon by him, 

 and within two years after the said notice, the settler shall have 

 actually irrigated and cultivated not less than one-eighth of the 

 land filed upon, and within ten years from the date of said notice 

 the settler shall appear before the Commissioner of Public Lands 

 or the clerk of the superior court, within the county wherein said 

 land is situated and make final proof of reclamation, settlement 

 and occupation, which proof shall embrace evidence that he has a 

 perpetual water right for his entire tract of land sufficient in vol- 

 ume for the complete irrigation and reclamation thereof ; that he 

 is an actual settler thereon and has cultivated and irrigated not 

 less than one-eighth of said tract, and such further proof, if 

 any, as may be required by the regulations of the department 

 of the interior, and the Commissioner of Public Lands. The 

 officer taking this proof shall be entitled to receive a fee of two 

 dollars ($2.00), which fee shall be paid by the settler and shall 

 be in addition to the price paid for the land. All proofs so re- 

 ceived shall be submitted to the Commissioner of Public Lands 

 and shall be accompanied by the last and final payment for said 

 land, and approved by the Commissioner of Public Lands, and 



