United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

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Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 100 of 150)
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rights of any State or of the Federal government, or of any landowner,
proprietor, or user of water, in waters of interstate streams, were not af-
fected by the Reclamation Act of June 17, 1902, c 1093, by section 8 of that
act, post, I 4707.

§ 4686. (Act June 11, 1896, c 420, § 1.) Liens for expenses of

reclamation of arid lands.
Under any law heretofore or hereafter enacted by any State,
providing for the reclamation of arid lands, in pursuance and ac-
ceptance of the terms of the grant made in section four of an Act
entitled "An Act making appropriations for the sundry civil expenses
of the Government for the fiscal year ending June thirtieth, eighteen
hundred and ninety-five," approved August eighteenth, eighteen hun-
dred and ninety-four, a lien or liens is hereby authorized to be created
by the State to which such lands are granted and by no other au-
thority 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 sub-
stantial ditch or canal, or by artesian w^lls 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 id any manner directly or indirectly
liable for any amount of any such lien or liability, in whole or in part.
(29 Stat 413.)

This was a provision of the sundry civil appropriation act for th^ fiscal
year 1897, cited above.

Act Aug. 18, 1884, c 301, f 4, mentioned in this provision, is set forth
ante, | 4685.

See notes to said Act Aug. 18, 1894, c. 801, f 4, ante, f 4685.

§ 4687. (Act March 3, 1901, c. 853, § 3.) When time limit for rec-
lamation begins to run; failure to reclaim; restoration to pub-
lic domain.

Section four of the Act of August eighteenth, eighteen hundred
and ninety-four, entitled "An Act making appropriations for sun-
dry civil expenses of the Government for the fiscal year ending
June thirtieth, eighteen hundred and ninety-five, and for other pur-
poses," is hereby amended so that the ten years' period within which
any State shall cause the lands applied for under said Act to be irri-
gated and reclaimed, as provided in said section as amended by the Act
of June eleventh, eighteen hundred and ninety-six, shall begin to run
from the date of approval by the Secretary of the Interior of the

Comp.St.»13-122 (1937)



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§ 4687 THE PUBLIC LANDS (Tit 32

State's application for the segregation of such lands; and if the
State fails within said ten years to cause the whole or any part of the
lands so segregated to be so irrigated and reclaimed, the Secretary
of the Interior may, in his discretion, continue said segregation for a
period of not exceeding five years, or may, in his discretion, restore
such lands to the public domain. (31 Stat. 1188.)

This section was part of the sundry ciyil appropriation act for the fiscal

year 1902, cited above.
Act Aug. 18, 1894, c 301, I 4, mentioned and amended in this tectioo, is

set forth ante, { 4685.

§ 4688. (Res. May 25, 1908, No. 28.) Additional arid lands made
available to State of Idaho for reclamation.
That an additional one million acres of arid lands within the
State of Idaho be made available and subject to the terms of sec-
tion four of an Act of Congress entitled "An Act makinp appro-
priations for sundry civil expenses of the Government for the fiscal
year ending June thirtieth, eighteen hundred and ninety-five, and for
other purposes," approved August eighteenth, eighteen hundred and
ninety-four, and by amendments thereto, and that the State of Idaho
be allowed, under the provisions of said Acts, said additional area, or
so much thereof as may be necessary for the purposes and under the
provisions of said Acts. (35 Stat. S77.)

Act Aug. 18, 1894, c. 301, 8 4, and amendments thereto, mentioned in this
section, are set forth ante, §| 4685-4687.

An additional 1,000,000 acres witliin each of the states of Idaho and Wro-
ming were made available to those states respectively, in langnaire similar
to that of this joint resolution, by a provision of Act May 27, 1908, e. 2UU,
I 1, post, I 4689.

§ 4689. (Act May 27, 1908, c. 200, § 1.) Additional arid lands
made available to states of Idaho and Wyoming for reclama-
tion.

Arid lands in Idaho, and Wyoming: That an additional one mil-
lion acres of arid lands within each of the States of Idaho, and Wyo-
ming be made available and subject to the terms of section four of an
Act of Congress entitled "An Act making appropriations for sundry
civil expenses of the Government for the fiscal year ending June thir-
tieth, eighteen hundred and ninety-five, and for other purposes," ap-
proved August eighteenth, eighteen hundred and ninety-four, and by
amendments thereto, and that the States of Idaho, and Wyoming be
allowed under the provisions of said Acts said additional area or so
much thereof as may be necessary for the purposes and under the pro-
visions of said Acts. (35 Stat. 347.)

Act Aug. 18, 1894, c 801, | 4, and amendmenta thereto, mmtioDed in tliif

section, are set forth ante, ff 4685-4687.
A similar provision, making? 1.000,000 acres available to the state of Idaho,

was made by Res. May 25, 1908, No. 28, ante, | 468a

§ 4690. (Act Feb. 18, 1909, c 150, § 1.) Provisions for pants of
arid lands to states for reclamation extended to territories of
New Mexico and Arizona.

All the provisions of section four of the Act of Congress approved
August eighteenth, eighteen hundred and ninety-four, being diapter

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C3i. 6b) the public lands § 4693-

three hundred and one to Supplement to Revised Statutes of the
United States, entitled "An Act making appropriations for sundry
civil expenses of the Government for the fiscal year ending June
thirtieth, eighteen hundred and ninety-five, and for other purposes,"
and the amendments thereto be, and the same are hereby, extended
to the Territories of New Mexico and Arizona, and that said Terri-
tories upon complying with the provisions of said Act shall be enti-
tled to have and receive all of the benefits therein conferred upon the
States. (35 Stat. 638.)

Act Aug. 18, 1894, c. 301, § 4, and the amendments thereto, mentioned

in this section, are set forth ante, §§ 4685-4687.
The Territories of Arizona and New Mexico were admitted into the Union.

under the provisions of Act June 20, 1910, c. 310, 36 Stat. 557, and Res.

Aug. 21, 1911, No. 8, 37 Stat. 39.

§ 4691. (Act March 4, 1911, c. 285, § 1.) Additional arid lands
made available to State of Nevada for reclamation.
An additional one million acres of arid lands within the State of
Nevada is hereby made available and subject to the terms of section
four of an Act of Congress entitled "An Act making appropriations
for sundry civil expenses of the Government for the fiscal year ending
June thirtieth, eighteen hundred and ninety-five, and for other pur-
poses," approved August eighteenth, eighteen hundred and ninety-
four, and by amendments thereto, and the State of Nevada is allowed
under the provisions of said Acts said additional area, or so much
thereof as may be necessary for the purposes and under the provisions
of said Acts. (36 Stat. 1417.)

Act Aug. 18, 1894, c. 301, § 4, and amendments thereto, mentioned in this
section, are set forth ante, §§ 4685-4687.

§ 4692. (Res. Aug. 21, 1911, No. 7.) Additional arid lands made
available to State of Colorado for reclamation.
That an additional one million acres of arid lands within the
State of Colorado be made available and subject to the terms of
section four of an Act of Congress entitled "An Act making appro-
priations for sundry civil expenses of the Government for the fiscal-
year ending June thirtieth, eighteen hundred and ninety-five, and for
other purposes," approved August eighteenth, eighteen hundred and
ninety-four, and by amendments thereto, and that the State of Col-
orado be allowed, under the provisions of said Acts, said additional
area, or so much thereof as may be necessary for the purposes and
under the provisions of said Acts. (37 Stat. 38.)

Act Aug. 18, 1894, c 301, { 4, and amendments thereto, mentioned in this
section, are set forth ante, §§ 4685-4687.

§ 4693. (Act Feb. 24, 1909, c. 178, § 1.) Provisions for grants of
arid lands to States for reclamation extended to desert lands
within part of former Ute Indian Reservation in State of Colo-
rado.

That the provision of section four of "An Act making appro-
priation for sundry civil expenses of the Government for the fiscal
year ending June thirtieth, eighteen hundred and ninety-five, and
for other purposes," approved August eighteenth, eighteen hun-^

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S 4698 THE PUBLIC LANDS (Tit 32

drcd and ninety-four, and the amendments thereof, approved June
eleventh, eighteen hundred and ninety-six, and March third, nineteen
hundred and one, respectively, be, and are hereby, extended over and
shall apply to the desert lands within the limits of all that portion of
the former Ute Indian Reservation, liot included in any national forest,
in the State of Colorado, described and embraced in the Act entitled
"An Act relatinfs: to lands in Colorado lately occupied by the Uncom-
pahgre and White River Ute Indians," approved July twenty-eighth,
eighteen hundred and eighty-two: Provided, That before a patent
shall issue for any of the lands aforesaid under the terms of the Act
approved August eighteenth, eighteen hundred and ninety-four, and
amendments thereto, the State of Colorado shall pay into the Treasury
of the United States the sum of one dollar and twenty-five cents per
acre for the lands so patented, and the money so paid shall be subject
to the provisions of section three of the Act of June fifteenth, eighteen
hundred and eighty, entitled "An Act to accept and ratify the agree-
ments submitted by the confederated bands of Ute Indians in Colorado
for the sale of their reservation in said State, and for other purposes,
and to make the necessary appropriation for carrying out same."
(35 Stat. 644.)

This section and the lection next following were an act entitled '*An act to
proTide for the grranting and patenting to the State of Colorado desert lands
within the former Ute Indian Reservation in said State."

Act Ang. 18, 1894, f 4, and the amendments thereto, mentioned la tkis
section, are set forth ante, U 4686-4687. '■

§ 4694. (Act Feb. 24, 1909, c. 178, § 2.) Restriction of lands to

be included under provisions of act j

No lands shall be included in any tract to be segregated nnder j

the provisions of this Act on which the United States Government
has valuable improvements, or which have been reserved for any
Indian schools or farm purposes. (35 Stat. 645.)

§ 4695. (Act March 15, 1910, c. 96.) Temporary withdrawal from
settlement or entry of lands for which application under Carey
Act is proposed.
To aid in carrying out the purposes of section four of the Act
of August eighteenth, eighteen hundred and ninety-four, entitled
"An Act making appropriations for sundry civil expenses of the
Government for the fiscal year ending eighteen hundred and nine-
ty-five, and for other purposes," it shall be lawful for the Secre-
tary of the Interior, upon application by the proper officer of any
State or Territory to which said section applies, to withdraw tem-
porarily from settlement or entry areas embracing lands for which
the State or Territory proposes to make application under said sec-
tion, pending the investigation and survey preliminary to the filing of
the maps and plats and application for segregation by the State or
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 re-
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Ch. 6b) the public lands § 4697

stored to entry as though such withdrawal had not been made.
(36 Stat. 237.)

This was an act entitled "An act authorizing the Secretary of the Interior
to make temporary withdrawals of public landa for certain purposes."

Act Aug. 18, 1894, c 801, § 4, mentioned in this act, is set forth ante, |
4685.

RECLAMATION OF ARID LANDS BY THE UNITED STATES

§ 4696. (Act Oct 2, 1888, c. 1069, § 1.) Surveys in arid regions;
reservations for reservoir sites, etc.; opening lands reserved
to homestead entries.
For the purpose of investigating the extent to which the arid region
of the United States can be redeemed by irrigation, and the segrega-
tion of the irrigable lands in such arid region, and for the selection
of sites for reservoirs and other hydraulic works necessary for the
storage and utilization of water for irrigation and the prevention of
floods and overflows, * * the work to be performed by the Geolo-
gical Survey, under the direction of the Secretary of the Interior.
* * And all the lands which may hereafter be designated or selected
by such United States surveys for sites for reservoirs, ditches or canals
for irrigation purposes and all the lands made susceptible of irrigation
by such reservoirs, ditches or canals are from this time henceforth
hereby reserved from sale as the property of the United States, and
shall not be subject after the passage of this act, to entry, settlement
or occupation until further provided by law: Provided, That the
President may at any time in his discretion, by proclamation, open any
portion or all of the lands reserved by this provision to settlement
under the homestead laws. (25 Stat. 526.)

These were provisions of the sundry civil appropriation act for the fiscal
year 1889, cited above.

The words omitted here stated the amount appropriated for the fiscal year
for the work authorized, and required reports to Congress of expenditures
under said appropriation.

A subsequent appropriation for the same purposes, accompanied by pro-
▼isions similar to those of this act, and a requirement of annual reports of
expenditures under that and any future appropriations, but without the pro-
visions of this act for reservation of reservoir sites, etc, as made by the
similar act for the next following, Act March 2, 1889, c 411, | 1, ante, §
776.

But 80 much of this act as provided for withdrawal of public lands from
entry, etc., was repealed by Act Aug. 30, 1890, c 837, g 1, post, § 4697. Said
repealing act, however, provided for the reservation of sites for reservoirs,
etc; and the sites so reserved were limited to the land actually necessary,
by Act March 3, 1891, c 561, f 17, post, § 4698.

The provisions of this act, and subsequent provisions amendatory thereof
and supplementary thereto, of Act Aug. 30, 1890, c. 837, f 1, post, § 4697,
and Act March 3, 1891, c. 561, f 17, post, § 4698, were to a great extent
superseded by the provisions, relating to the same subjects, of the Reclama-
tion Act of June 17, 1902, c 1093, post, §§ 4700-4708.

§ 4697. (Act Aug. 30, 1890, c. 837, § 1.) Repeal in part of Act

Oct. 2, 1888, c. 1069; entries on arid lands; reservation of

reservoir sites.

So much of the act of October second, eighteen hundred and

eighty-eight, entitled, "An act making appropriations for sundry

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§ 4697 THE PUBLIC LANDS (Tit 32

civil expenses of the Government for the fiscal year ending June
thirtieth, eighteen hundred and eighty-nine, and for other purpos-
es," as provides for the withdrawal of the public lands from entry,
occupation and settlement, is hereby repealed, and all entries made
or claims initiated in good faith and valid but for said act, shall
be recognized and may be perfected in the same manner as if said
law had not been enacted, except that reservoir sites heretofore
located or selected shall remain segregated and reserved from en-
try or settlement as provided by said act, until otherwise provided
by law, and reservoir sites hereafter located or selected on public
lands shall in like manner be reserved from the date of the loca-
tion or selection thereof. (26 Stat 391.)

This was a provision of the sundry dyil appropriation act f6r the fiwal
year 1891, cited above.

The provision of Act Oct 2, 18S8, c 1069, repealed in part. Is set forth
ante, | 4696.

The proviso in another paragraph of this act, set forth ante, | 4558, limitinc
any one person entering under any of the public land laws to 820 acres in
the aggregate, did not include entries validated by this section.

The reservation of reservoir sites was limited to the land actually necessary
by Act March 8, 1891, c 561, | 17, post, { 4698.

The provisions of this act, as well as those of Act Oct 2, 1888, c 1069. f 1.
ante, | 4696, repealed in part thereby, relating to the withdrawal from entry
of public lands, were superseded by the provisions, relating to the same sul>-
Ject of the Reclamation Act of June 17, 1902, c 1093, || 8, 4, post, H 47in;
47(^

§ 4698. (Act March 3, 1891, c. 561, § 17.) Reservoir sites to in-
elude only necessary land.
Reservoir sites located or selected and to be located and se-
lected under the provisions of "An act making appropriations for
sundry civil expenses of the Government for the fiscal year end-
ing June thirtieth, eighteen hundred and eighty-nine, and for other
purposes," and amendments thereto, shall be restricted to and
shall contain only so much land as is actually necessary for the
construction and maintenance of reservoirs; excluding so far as
practicable lands occupied by actual settlers at the date of the lo-
cation of said reservoirs. ♦ ♦ (26 Stat 1101.)

This section was part of an act repealing the timber-cnltore lawa. Other
sectiona are set forth or referred to post, | 5116.

The portion of this section omitted here limited the maximnm amount of
land any one person may enter under all of the public-land laws. It is set
forth ante, | 4559.

The provisions of Act Oct. 2, 1S$8, c 1069, and amendments thereto, men-
tioned in this section, are set forth ante, H 4096-4608.

The Secretary of the Interior was authorized to file and approve surreji
and plats of any right of way for a wagon road, railroad, or other highway
over any reservoir site, by Act March 3, 1899, c 427, | 1, post, | 4945.

§ 4699. (Act Feb. 26, 1897, c. 335.) Reservoir sites to be open to
use for right of way ; occupancy and control by states.
All reservoir sites reserved or to be reserved shall be open to
use and occupation under the right-of-way Act of March third,
eighteen hundred and ninety-one, and any State is hereby au-
thorized to improve and occupy such reservoir sites to the same
(1942)



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Gh. 6b) the public lands § 4700

extent as an individual or private corporation, under such rules and
regulations as the Secretary of the Interior may prescribe : Provided,
That the charges for water coming in whole or part from reservoir
sites used or occupied under the provisions of this Act shall always
be subject to the control and regulation of the respective States and
Territories in which such reservoirs are in whole or part situate.
(29 Stat. 599.)

This was an act entitled "An act to provide for the use and occupation
of reservoir sites reserved."

Act March 3, 1891, c. 561, §§ 18-21, granting rights of way for canals
and ditches through public lands, is set forth post, §§ 4934-1937. •

§ 4700. (Act June 17, 1902, c. 1093, § 1.) Receipts from public
lands in certain States and Territories appropriated as rec-
lamation fund; insufficiency of proceeds of other public lands
for support of agricultural colleges to be supplied from other
moneys.
All moneys received from the sale and disposal of public lands
in Arizona, California, Colorado, Idaho, Kansas, Montana, Ne-
braska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon,
South Dakota, Utah, Washington, and Wyoming, beginning with
the fiscal year ending June thirtieth, nineteen hundred and one,
including the surplus of fees and commissions in excess of allowances
to registers and receivers, and excepting the five per centum of the
proceeds of the sales of public lands in the above States set aside by
law for educational and otlier purposes, shall be, and the same are
hereby, reserved, set aside, and appropriated as a special fund in the
Treasury to be known as the "reclamation fund," to be used in the
examination and survey for and the construction and maintenance
of irrigation works for the storage, diversion, and development of
waters for the reclamation of arid and semiarid lands in the said
States and Territories, and for the payment of all other expenditures
provided for in this Act: Provided, That in case the receipts from
the sale and disposal of public lands other than those realized from
the sale and disposal of lands referred to in this section are insuf-
ficient to meet the requirements for the support of agricultural col-
leges in the several States and Territories, under the Act of August
thirtieth, eighteen hundred and ninety, entitled "An Act to apply a
portion of the proceeds of the public lands to the more complete
endowment and support of the colleges for the benefit of agriculture
and the mechanic arts, established under the provisions of an Act
of Congress approved July second, eighteen hundred and sixty-two,"
the deficiency, if any, in the sum necessary for the support of the
said colleges shall be provided for from any moneys in the Treasury
not otherwise appropriated. (32 Stat. 388.)

This was the first section of the Reclamation Act or National Irrigation
Act of 1902. It was entitled "An act appropriating the receipts from the
sale and disposal of public lands in certain States and Territories to the
construction of irrigation works for the reclamation of arid lands."

Sections 2-8 and 10 of the act are set forth post, {{ 4701-4708.

Section 9 of that act required the major portion of the funds arising from

(1943)



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8 4700 THE PUBLIC LANDS (Tit 32

the sale of lands within each State or Territory to be expended, ao fkr as
practicable, for the benefit of lands within each State or Territory. It was
repealed by Act Jane 25, 1910, c. 407, | 6, 86 SUt 836.

This act superseded to a great extent the previous provisions relatinf te
irrigation of arid lands, contained in Act Oct 2, 1888. c. 1069, and sabeeqoent
amendatory and supplementary provisions, ante, |i 4096-4698.

The provisions of this act were extendied to the state of Texas, by Act
June 12, 1906, c 3288, post, | 4709.

The act for the admission to the Union of the States of New Mexico aad
Arizona reserved to the United States all rights and powers for carrying oat
the provisions of this act and acts amendatory thereof or supplementary there-
to, to the same extent as if each of said States had remained a Territory.
Act Jane 20, 1910, c. 310, | 2, subsec 7, and | 20, snbsec 7, 86 Stat. 558,
G69.

Appropriations for the construction and maintenance of Irrigation works
for Indian reservations and allotments are made in the annual Indian ap-
propriation acts. The provisions for the fiscal year 1914, were contaJnad ia
Act June 80, 1918, c. 4, | 1, 88 Stat 78.

The return to the reclamation fund of the cost of construction of works for
irrigation, from charges on the lands irrigated, and the purposes for which
the fund may be used, were provided for by sections 4-7 of this act, post ff
4703-4706.

Proceeds of salea of material utilized for temporary work and structures in
connection with the operations under this act as well as of aales of other
condemned property purchased under its provisions, and any moneys rr-
funded in connection with operations under it, were to be covered into the
reclamation fund, by Act March 8, 1905, c. 1459, post, | 4742.

Moneys derived from the sale of lands acquired under this act, but not
needed for the purposes thereof, were to be covered into the reclamatioo
fund, by Act Feb. 2, 1911, c 82, | 8, post, | 4748.

Moneys received under contracts for impounding, storage, and carriage of
water, with irrigation systems operating under the Carey Act, authorised by
Act Feb. 21, 1911, c 141, post, || 473&-4740, were to be covered into the
reclamation fund, by section 8 of said act, post, | 4740.

Provisions for advances from the Treasury to the redamation fund, and



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 100 of 150)