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213

LIEU FARM UNITS IN CASES OF NONIRRIGABILITY

An act for the relief of homestead entrymen under the reclamation projects of the United States. (Act of March 4, 1915, ch. 182, 38 Stat. 1215)

[Relinquishment of homestead entries under reclamation act if land not irrigable Selection of farm unit in lieu-Residence on original entry credited.]—Any person who has made homestead entry under the act of June seventeenth, nineteen hundred and two (Thirty-second Statutes at Large, page three hundred and eighty-eight), for land believed to be susceptible of irrigation which at the time of said entry was withdrawn for any contemplated irrigation project, may relinquish the same, provided that it has since been determined that the land embraced in such entry or all thereof in excess of twenty acres is not or will not be irrigable under the project, and in lieu thereof may select and make entry for any farm unit included within such irrigation project as finally established, notwithstanding the provisions of section five of the act of June twenty-fifth, nineteen hundred and ten, entitled "An act to authorize advances to the reclamation fund," and so forth, and acts amendatory thereof: Provided, That such entrymen shall be given credit on the new entry for the time of bona fide residence maintained on the original entry. (38 Stat. 1215; 43 U.S.C. § 447)

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214

AMEND ASSIGNMENT OF RECLAMATION HOMESTEAD ENTRIES

ACT

An act to amend the act of June 23, 1910, entitled "An act providing that entrymen for homesteads within the reclamation projects may assign their entries upon satisfactory proof of residence, improvement, and cultivation for five years, the same as though said entry had been made under the original homestead act." (Act of May 8, 1916, ch. 114, 39 Stat. 65)

[Assignment of homestead entries within reclamation projects-Confirmation of certain assignments made between June 23, 1910, and January 1, 1913.]—The act of June twenty-third, nineteen hundred and ten (Public, Two hundred and forty-three, Thirty-sixth Statutes, page five hundred and ninetytwo), entitled "An act providing that entrymen for homesteads within reclamation projects may assign their entries upon satisfactory proof of residence, improvement, and cultivation for five years, the same as though said entry had been made under the original homestead act," is hereby amended by adding the following proviso:

"Provided, That in the absence of any intervening valid adverse interests any assignment made between June twenty-third, nineteen hundred and ten, and January first, nineteen hundred and thirteen, of land upon which the assignor has submitted satisfactory final proof and the assignee purchased with the belief that the assignment was valid and under the act of June twenty-third, nineteen hundred and ten, is hereby confirmed, and the assignee shall be entitled to the land assigned as under the act of June twenty-third, nineteen hundred and ten, notwithstanding that said original entry was conformed to farm units and that the part assigned was canceled and eliminated from said entry prior to the date of final proof: Provided further, That all entries so assigned shall be subject to the limitations, terms, and conditions of the reclamation act and acts amendatory thereof or supplemental thereto, and all of said assignees whose entries are hereby confirmed shall, as a condition to receiving patent, make the proof heretofore required of assignees." (39 Stat. 65; 43 U.S.C. § 442)

EXPLANATORY NOTES

Editor's Note, Annotations. Annotations of opinions, if any, are found under the Act of June 23, 1910.

Legislative History. H.R. 384, Public Law 72 in the 64th Congress. H.R. Rept. No. 127. S. Rept. No. 328.

215

WATER RIGHTS FOR SALT RIVER INDIANS

[Extract from] An act making appropriations for the current and contingent expenses of the Bureau of Indian Affairs, for fulfilling treaty stipulations with various Indian tribes, and for other purposes, for the fiscal year ending June 30, 1917. (Act of May 18, 1916, ch. 125, 39 Stat. 123)

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[Perpetual water rights from Salt River project for Salt River IndiansReimbursement—Initial charges.]—The Secretary of the Interior is hereby authorized and directed to provide for water rights in perpetuity for the irrigation of six hundred and thirty-one Salt River Indian allotments of ten acres each, to be designated by the Commissioner of Indian Affairs, water from works constructed under the provision of the reclamation act and acts amendatory thereof or supplemental thereto: Provided, That the reclamation fund shall be reimbursed therefor upon terms the same as those provided in said act or acts for reimbursement by entrymen on lands irrigated by said works, and there is hereby appropriated $20,000, or so much thereof as may be necessary, to pay the initial installment of the charges when made for said water. (39 Stat. 130)

EXPLANATORY NOTES

Not Codified. This section of the Act

is not codified in the US. Code.

Legislative History. H.R. 10385, Public

Law 80 in the 64th Congress. H.R. Rept.
No. 87. S. Rept. No. 244.

216

ACQUISITION OF PIPE-LINE, ELEPHANT BUTTE RESERVOIR

An act to authorize the Secretary of the Interior to acquire certain right of way near Engle, New Mexico. (Act of July 8, 1916, ch. 227, 39 Stat. 351)

[Conveyance of right of way by Santa Fe Railway Company to United States-Water to grantor-Delivery-Revision on abandonment.]—The Secretary of the Interior is hereby authorized to receive on behalf of the United States from the Atchison, Topeka and Santa Fe Railway Company the conveyance of so much of said company's pipe-line right of way from a point near Engle, New Mexico, to the Rio Grande River as will be flooded by the Elephant Butte Dam; and as the consideration for such conveyance the railway company shall be permitted to take from the water impounded above Elephant Butte Dam now under construction by the Reclamation Service, and which will flood such right of way, such quantity of water as the Secretary of the Interior may find to be necessary for the operation of said company's railway, but not exceeding thirty million gallons of water per month: Provided, That the Secretary of the Interior shall at all times have authority to determine the times, place, and manner in which said Atchison, Topeka and Santa Fe Railway Company shall be permitted to take such water from said reservoir, and that all expense incident thereto shall be borne by said railway company; Provided further, That neither the United States nor its successors in interest shall be held liable for or obligated to supply the water hereinbefore described, but in the event that the United States or its successors in interest shall abandon the use of the land upon which the said Atchison, Topeka and Santa Fe Railway has its said right of way for a reservoir site as herein contemplated, said right of way, so far as the same may be conveyed to the United States hereunder, shall revert to the said railway company. (39 Stat. 351)

EXPLANATORY NOTES

Not Codified. This Act is not codified in the U.S. Code.

Conveyance and Consideration. The Atchison, Topeka and Santa Fe Railway Company deeded April 5, 1918, to the United States certain lands, a provision of the deed permitting the Railway company to take not exceeding 30 million gallons of

water from the reservoir per month in exchange for the lands conveyed. The deed was accepted by the Department October 7, 1918.

Legislative History. S. 1843, Public Law 145 in the 64th Congress. S. Rept. No. 81. H.R. Rept. No. 525.

217

ACCEPTANCE OF EXTENSION ACT

An act to amend section 14 of the reclamation extension act approved August 13, 1914. (Act of July 26, 1916, ch. 257, 39 Stat. 390)

[Acceptance of extension of payments to be made within six months-Upon showing, may be made later.]—Section fourteen of an act entitled "An act extending the period of payment under reclamation projects, and for other purposes," approved August thirteenth, nineteen hundred and fourteen, be amended so as to read as follows:

"SEC. 14. Any person whose land or entry has heretofore become subject to the reclamation law who desires to secure the benefits of the extension of the period of payments provided by this act shall, within six months after the issuance of the first public notice hereunder affecting his land or entry, notify the Secretary of the Interior in the manner to be prescribed by said Secretary, of his acceptance of all the terms and conditions of this act, and thereafter his lands or entry shall be subject to all of the provisions of this act: Provided, That upon sufficient showing the Secretary of the Interior may, in his discretion, permit notice of acceptance of all the terms and conditions of this act to be filed at any time after the time limit hereinbefore fixed for filing such acceptance shall have expired, conditioned, however, that where the applicant for such acceptance is in arrears on construction charges he shall at the time of acceptance pay such installments of the construction charge as he would have been required to pay had he accepted this act within the time limit hereinabove fixed plus the penalties that would have accrued had he so accepted, and such applicant shall thereafter be upon the same status that he would have been had he accepted the provisions of this act within the time limit hereinabove fixed, and thereafter the lands or entry of any such persons so filing such notice of acceptance shall be subject to all the provisions of this act." (39 Stat. 390; 43 U.S.C. § 475)

EXPLANATORY NOTES

Editor's Note, Annotations. Annotations of opinions, if any, are found under section 14 of the Act of August 13, 1914.

Legislative History. H.R. 6057, Public Law 167 in the 64th Congress. H.R. Rept. No. 48. S. Rept. No. 318. H.R. Rept. No. 953 (conference report).

267-067-72-vol. I-17

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