234 



FORESTRY AND IRRIGATION. 



June, 



no such right shall permanently attach 

 until all payments therefor are made. 

 The annual installments shall be paid 

 to the receiver of the local land office 

 of the district in which the land is sit- 

 uated, and a failure to make any two 

 payments when due shall render the 

 entry subject to cancellation, with the 

 forfeiture of all rights under this act, 

 as well as of any moneys already paid 

 thereon. All moneys received from the 

 above sources shall be paid into the 

 reclamation fund. Registers and re- 

 ceivers shall be allowed the usual com- 

 missions on all moneys paid for lands 

 entered under this act. 



Sec. 6. That the Secretary of the In- 

 terior is hereb}^ authorized and directed 

 to use the reclamation fund for the op- 

 eration and maintenance of all reservoirs 

 and irrigation works constructed under 

 the provisions of this act : Provided, 

 That when the payments required by 

 this act are made for the major portion 

 of the lands irrigated from the waters 

 of any of the works herein provided for, 

 then the management and operation of 

 such irrigation w^orks shall pass to the 

 owners of the lands irrigated therebj^ 

 to be maintained at their expense under 

 such form of organization and under 

 such rules and regulations as may be 

 acceptable to the Secretary of the Inte- 

 rior: Provided, That the title to and the 

 management and operation of the reser- 

 voirs and the works necessary for their 

 protection and operation shall remain in 

 the government until otherwise pro- 

 vided by Congress. 



Sec. 7. That where in carrying out 

 the provisions of this act it becomes nec- 

 essary to acquire any rights or property, 

 the Secretary of the Interior is hereby 

 authorized to acquire the same for the 

 United States by purchase or b}' con- 

 demnation under judicial process, and 

 to pay from the reclamation fund the 

 sums which may be needed for that pur- 

 pose, and it shall be the duty of the 

 Attorney General of the United States 

 upon every application of the Secretary 

 of the Interior, under this act, to cause 

 proceedings to be commenced for con- 

 demnation within thirty days from the 

 receipt of the application at the Depart- 

 ment of Justice. 



Sec. 8. That nothing in this act shall 

 be construed as affecting or intended to 

 affect or to in any way interfere with 

 the laws of any state or territory relat- 

 ing to the control, appropriation, use, or 

 distribution of water used in irrigation, 

 or an}^ vested right acquired thereunder, 

 and the Secretary of the Interior, in car- 

 rying out the provisions of this act, 

 shall proceed in conformity with such 

 laws, and nothing herein shall in any 

 wa}' affect any right of anj^ state or of 

 the Federal Government or of any land- 

 owner, appropriator, or user of water in, 

 to, or from an}' interstate stream or the 

 waters thereof : Provided, That the 

 right to the use of water acquired under 

 the provisions of this act shall be appur- 

 tenant to the land irrigated, and bene- 

 ficial use shall be the basis, the measure, 

 and the limit of the right. 



Sec. 9. That it is hereby declared to 

 be the duty of the Secretary of the In- 

 terior in carrying out the provisions of 

 this act, so far as the same may be prac- 

 ticable and subject to the existence of 

 feasible irrigation projects, to expend the 

 major portion of the funds arising from 

 the sale of public lands within each state 

 and territory hereinbefore named for the 

 benefit of arid and semi-arid lands within 

 the limits of such state or territory : 

 Provided, That the Secretary may tem- 

 porarily use such portion of said funds 

 for the benefit of arid or semi-arid lands 

 in any particular state or territory here- 

 inbefore named as he niaj^ deem advis- 

 able, when so used the excess shall be 

 restored to the fund as soon as practi- 

 cable, to the end thatultimatel}', and in 

 any event, within each ten-3'ear period 

 after the passage of this act, the ex- 

 penditures for the benefit of the said 

 states and territories shall be equalized 

 according to the proportions and subject 

 to the conditions as to practicability 

 and feasibility aforesaid. 



Sec. id. That the Secretary of the 

 Interior is hereby authorized to perform 

 any and all acts and to make such rules 

 and regulations as may be necessary 

 and proper for the purpose of carr3nng 

 the provisions of this act into full force 

 and effect. 



Passed the Senate March i, 1902. 



