i6o C. A. SCHENCK. 



Unfortunately, settlers file claims invariably on withdrawn land, 

 before feasibility of project is manifest. Commutation clause 

 is here invalid. Entryman must reclaim 50o/o of irrigable land 

 patented. Size of claims subject to homestead entry after publica- 

 tion of boundary to be irrigated is decided by Secretary of 

 Interior. Secretary also fixes the water charges to be paid per 

 acre. Payments are usually made in ten instalments. 



5. Governmental work entrusted to the "Irrigation Service" 

 consists of: 



(a) Examination and survey (under F. H. Newell). 



(b) Construction, usually by contract, and maintenance of 

 works for "storage, diversion and development" of waters. 



The Secretary of the Interior reports at each regular session 

 to Congress, what works have been and are being carried out, 

 and the expenses incurred on their behalf. 



6. Operation of the irrigation works is left to an organization 

 of the settlers obtaining water, under regulations approved by 

 the Secretary. Minor distributing works are built by the home- 

 steaders. Title to the reservoirs remains in the U. S'. 



7. Expropriation of private rights and private property re- 

 quired for the works is permitted. Indemnities to be paid out 

 of the reclamation fund. 



8. State laws and private water rights obtained under State 

 laws are not cancelled or interfered with by the National Irriga- 

 tion Act. 



On June 18th. 1905 the Omnibus Bill to the Reclamation Act, 

 providing for the subdivision of lands entered under the Re- 

 clamation Act, became law. 



Firstly: It provides that the Secretary of the Interior may 

 establish farm units of not less than ten or more than 160 acres, 

 in lieu of a fixed area of 40 acres. In the Reclamation Act the 

 smallest limit was 40 acres. 



Secondly: It provides that if an entryman loses his rights 

 under the Reclamation Act, he may be permitted to make an- 

 other entry, as if his former entry had not been made. 



Troubles in reclamation work began to result from lack of 

 funds in 1907. The Secretary of the Interior issued orders, 

 in 1907: 



