I902. FORESTRY AND IRRIGATION. 233 



Sec. 2. That the Secretary of the In- one hundred and sixt}- acres, and shall 

 terior is hereby authorized and directed be subject to the limitations, charges, 

 to make examinations and surveys for, terms, and conditions herein provided : 

 and to locate and construct, as herein Provided, That the commutation pro- 

 provided, irrigation works for the stor- visions of the homestead laws shall 

 age, diversion, and development of not apply to entries made under this 

 waters, including artesian wells, and to act. 



report to Congress at the beginning of Sec. 4. That upon the determination 

 each regular session as to the results of by the Secretary of the Interior that any 

 such examinations and surveys, giving irrigation project is practicable, he may 

 estimates of cost of all contemplated cause to be let contracts for the con- 

 works, the quantit}^ and location of the struction of the same, in whole or in 

 lands which can be irrigated therefrom, part, providing the necessary funds 

 and all facts relative to the practicability therefor are available in the reclamation 

 of each irrigation project ; also the cost fund, and thereupon he shall give public 

 of works in process of construction as notice of the lands irrigable under such 

 well as of those which have been com- project, and limit of area per entry, 

 pleted. which limit shall represent the acreage 



Sec. 3. That the Secretary of the In- which, in the opinion of the Secretary, 

 terior shall, before giving the public may be reasonably required for the sup- 

 notice provided for in section four of port of a family upon the lands in ques- 

 this act, withdraw from public entry tion ; also of the charges which shall 

 the lands required for any irrigation be made per acre upon the said entries, 

 works contemplated under the provis- and upon lands in private ownership 

 ions of this act, and shall restore to which may be irrigated by the waters of 

 public entry any of the lands so with- the said irrigation project, and the num- 

 drawn when, in his judgment, such ber of annual installments, not exceed- 

 lands are not required for the purposes ing ten, in which such charges shall be 

 of this act ; and the Secretary of the paid and the time when such payments 

 Interior is hereby authorized, at or im- shall commence. The said charges shall 

 mediately prior to the time of beginning be determined with a view of returning 

 the sur\'eys for any contemplated irri- to the reclamation fund the estimated 

 gation works, to withdraw from entry, cost of construction of the project, and 

 except under the homestead laws, any shall be apportioned equitably : Pro- 

 public lands believed to be susceptible vided. That in all construction work 

 of irrigation from said works: Provided, eight hours shall constitute a day's 

 That all lands entered and entries made work, and no Mongolian labor shall be 

 under the homestead laws within area employed thereon. 



so withdrawn during such withdrawal Sec. 5. That the entry man upon 

 shall be subject to all the provisions, lands to be irrigated by such works 

 limitations, charges, terms, and condi- shall, in addition to compliance with the 

 tions of this act ; that said surveys shall homestead laws, reclaim at least one- 

 be prosecuted diligently to completion, half of the total irrigable area of his 

 and upon the completion thereof, and entry for agricultural purposes, and be- 

 of the necessary maps, plans, and esti- fore receiving patent for the lands cov- 

 mates of cost, the Secretary of the In- ered by his entry shall pay to the gov- 

 terior shall determine whether or not ernment the charges apportioned against 

 said project is practicable and advisable, such tract, as provided in section four, 

 and if determined to be impracticable No right to the use of water for land in 

 or unadvisable he shall thereupon re- private ownership shall be sold for a 

 store said lands to entry ; that public tract exceeding one hundred and sixty 

 lands which it is proposed to irrigate by acres to any one landowner, and no such 

 means of any contemplated works shall sale shall be made to any landowner un- 

 be subject to entry onl}- under the pro- less he be an actual bona fide resident on 

 visions of the homestead laws in tracts such land, or occupant thereof residing 

 of not less than forty nor more than in the neighborhood of said land, and 



