ACTS OF CONGRESS 34,7 



IRRIGATION. SECS. 609-610 



territory: Provided, That if the state or territory shall not present its 

 application for segregation and maps and plats within one year after 

 such temporary withdrawal, the lands so withdrawn shall be restored 

 to entry as though such withdrawal had not been made. (Act Mar. 

 15, '10; 36 Stat. L., p. 237; Fed. Stat. Ann., '12 Supp., p. 314; Comp. 

 Stat, '11 Supp., p. 676.) 



Commisisoner of Public Lands to apply for withdrawal under this act : 

 sec. 395, ante. 



Cited: 38 Land Dec. 580. 



SEC. 609. RECLAIMED LANDS PATENTED FUNDS. 



As fast as any state may furnish satisfactory proof according to such 

 rules and regulations as may be prescribed by the Secretary of the In- 

 terior, that any of said lands are irrigated, reclaimed and occupied by 

 actual settlers, patents shall be issued to the state or its assigns for 

 said lands so reclaimed and settled: Provided, That said states shall 

 not sell or dispose of more than one hundred and sixty acres of said 

 lands to any one person, and any surplus of money derived by any state 

 from the sale of said lands in excess of the cost of their reclamation, 

 shall be held as a trust fund for and be applied to the reclamation of 

 other desert lands in such state. (Act Aug. 18, '94; 28 Stat. L., p. 422; 

 6 Fed. Stat. Ann., p. 397; 2 Comp. Stat., p. 1555.) 



Trust fund created : sec. 405, ante. 



Proof of reclamation and settlement : sec. 406, ante. 



For construction of state statutes accepting the benefits of this statute, see 

 State r. Wright, 17 Mont. 565 ; State v. Marshall, 20 Mont. 510 ; Howlett v. 

 Cheetliam, 17 Wash. 626. 



SEC. 610. LIEN FOR COST OF RECLAMATION. 



* * * Under any law heretofore or hereafter enacted by any state, 

 providing for the reclamation of arid lands, in pursuance and acceptance 

 of the terms of the grant made in this chapter, a lien or liens is hereby 

 authorized to be created by the state to which such lands are granted 

 and by no other authority whatever, and when created shall be valid on 

 and against the separate legal subdivisions of land reclaimed, for the 

 actual cost and necessary expenses of reclamation and reasonable 

 interest thereon from the date of reclamation until disposed of to actual 

 settlers; and when an ample supply of water is actually furnished in a 

 substantial ditch or canal, or by artesian wells or reservoirs, to reclaim 

 a particular tract or tracts of such lands, then patents shall issue for 

 the same to such state without regard to settlement or cultivation: 

 Provided, That in no event, in no contingency, and under no circum- 

 stances shall the United States be in any manner directly or indirectly 

 liable for any amount of any such lien or liability, in whole or in part. 

 * * * (Act June 11, '96; 29 Stat. L., p. 434; 6 Fed. Stat. Ann., 398; 

 2 Comp. Stat, p. 1556.) 



Lien for cost created by sec. 408, ante. 



Cited : 26 Land Dec. 74, 480 ; 33 L. D. 374 ; 35 L. D. 477 ; 36 L. D. 512 ; 

 37 L. D. 625 ; 38 L. D. 512. 



