36 BULLETIN 1177, TJ. S. DEPARTMENT OF AGRICULTURE. 
There have been only a few cases of cooperation between irrigation 
districts and the Indian Service in the construction and ownership 
of irrigation works. 
UNITED STATES GENERAL LAND OFFICE. 
Relations with the General Land Office deal with the inclusion of 
public lands in irrigation districts. Prior to 1916 the various State 
courts that had passed on the subject held conflicting views as to 
the liability of public lands of the United States for district obliga- 
tions, both before and upon the issuance of patent. But the situa- 
tion was cleared when Congress in 1916 passed the Smith Act, 4 which 
subjects both unentered and entered, but unpatented, public lands 
to the district lien in districts approved by the Secretary of the In- 
terior and not comprising a majority acreage of unentered land. 
An irrigation district desiring to come within the provisions of the 
Smith Act is required to submit an application to the local land office 
containing data on organization, water rights and water supply, plans 
and specifications, and to file maps upon which land ownership is 
classified. Where the unpatented lands lie within a Federal recla- 
mation project, the application is referred to the Reclamation Service 
for a report as to feasibility, otherwise the General Land Office makes 
its own investigation of feasibility of the irrigation system. Upon 
approval by the Secretary of the Interior, the irrigation district files 
with the local land office a list of assessments against each legal sub- 
division of public land. Although unentered land is not subject to 
tax sale, and the United States does not become obligated for 
assessments, nevertheless these charges constitute a lien against the 
land which must be removed before entry is allowed. Entered but 
unpatented land, however, may be sold for taxes, in which case the 
purchaser assumes the rights of the original entryman. 
In connection with applications for Carey Act segregations and 
desert land entries the General Land Office has had occasion to in- 
vestigate a number of irrigation districts. 
OTHER SALIENT FEATURES. 
APPORTIONMENT OF WATER. 
The purpose of the irrigation district is to provide a water supply 
for the irrigation of lands included within its boundaries. This pur- 
pose includes distributing as well as procuring the water supply. 
The first question that naturally arises under water distribution 
deals with the amount to be delivered to each user. Where an irri- 
gation district takes over a going irrigation company, it usually takes 
it subject to any existing rights of individual tracts to receive defi- 
nite quantities or proportionate quantities of water. But if a new 
system is to built, or additional land included, or additional supplies 
of water obtained for already wholly or partially irrigated lands, it 
then becomes necessary to determine just how the water is to be 
divided. Some of the States have not legislated on this subject other 
than to provide that the directors shall adopt rules and regulations 
for the equitable distribution of water. 
«39U. S. Stat. 506. 
