Page:United States Statutes at Large Volume 35 Part 1.djvu/577

 SIXTIETH CONGRESS. Sess. I. C11. 237. 1908. 559 The entryman of lands to be irrigated by said system shall, in addi- C°¤*“**°”*· tion to compliance with the homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural purposes, and before receiving patent for the lands covered by his entry shall pay the charges apportioned againt such tract, nor shall any such lands be subiect to mineral entry or location. No right to the use of water sha l be disposed of for a tract exceeding onediundred and sixty acres to any one person, and the Secretary of the Interior may limit the areias to be enteredhat not less than forty nor more than one hundred an sixty acres eac. A failure to make any two payments when due shall render the entry F°**°**¤¤*· and water-right application subject to cancellation, with the forfeiture of all rights under this Act, as well as of any moneys paid thereon. The funds arisin hereunder shall be paid into the Treasury of the UM of funds. United States ang be added to the proceeds derived from the sale of the lands. N 0 right to the use of water for lands in ppivate ownership  wmr nam shall be sold to any landowner unless he be an actual na fide resident ` on such land or occupant thereof residing in the neighborhood of such lalnd, and no sugh right shall permanently attach until all payments t erefor are ma e. All applicants for water rights under the systems constructed in ch’;",,,{:_°”‘ °* ““'“'*l pursuance of this Act shall be required to pay such annual charges for operation and maintenance as shall be iixed by the Secretary of the . Interior, and the failure to pay such charges when due shal render · ‘ the water-right application and the entry subject to cancellation, with the forfeiture of all rights under this Act as well as of any moneys F°'*°““'°- already paid thereon. · The Secretary of the Interior is hereby authorized to Hx the time R°€°***"i°¤¤· for the beginning of such payments and to provide such rules and _ re lations in regard thereto as he may deem proper. Upon the can- cuIf,‘§‘tgP“_j}c‘f‘“”°°'°“ cehhltion of any entry or water—right application, as herein provided, ' such lands or water rights may be disposed of under the terms of this Act and at such price and on such conditions as the Secretary of the Interior may determine, but not less nor more than the cost as originall fixed. In every case in which a forfeiture is_ enforced and the land and ,_,§c°_fj,}QQ °’ '“””“‘ rights of an entryman are made the sub]ect of resale then, after the payment of the balance due from the_ entryman and the cost and charges, if any attendant on the forfeiture and resale, any surplus remaining cult of] the proceeds of such sale shall be refunded to sand entr ·man or is eirs. Tlie land irrigable under the systems herein provided, which has I,,§,‘,*Q_§; "¥*“""°""’ been allotted to Indians in severalty, shall be deemed to have a right to so much water as may be required to irrigate such land without cost to the Indians for the construction of such irrigation systems. The purchaser of any Indian allotment purchased prior to the expira- E*°“*¥’°*°“· tion of the trust period thereon shall be exempt_from any and all charge for construction of the irrigation system_ incurred up to the V f time of such purchase. All lands a lotted to Indians shall bear their 0p*_Q§g,'}§,:‘e‘{f_ °°“‘ ‘· pro rata share of the cost of operation and maintenance of the irrigation system under which they he; and the Secretarv of the Interior may withhold from any Indian a sufficient amount of his pro rata share of any moneys subject to distr1bution to pay any charge assessed against land held in trust for him for operation and mamtenace of the irrigation system. _ _ mmm to my gx_ hen the payments required by this Act have been made for the ,,,,,,,,,0;,,,,i,,,e,L,,,c.._ major part of the unallotted lands lrrigable under any system, and ¤*°· subject to charges for construction thereof, the management and operation of such irrigation works shall pass_t0 the owners of the lands irrigated thereby, to be maintained at their expense, under such form of