Page:United States Statutes at Large Volume 44 Part 1.djvu/1375

 13 d1. e swam 48.-T-pz mama; ot · auclf t proof: Provided, That such proof la made ` within tour years from tlne date aa announced. by the Secre-at ‘ tarj ol the Interior that water ia available for delivery for 1 the laid. » Any  falling within the perio;1 ° herein t provided to (uSD@ of the excem ot his eatry above one tarm “ unit, ia me maauer provided by law, and to conform bla entry ` to ·a   farm'.uait shall reader his ehtryaubject to cancellation as tp.the»excew—above_oue farm unit; Provided, That upozr compliance with. the provisions of law auch eutrymanshall be entitled to receive a patent for that part ot his entry l which cdatorm to one farm unit as established for the project. (Aug.·`13, 1914, c.‘247,` $.13, 38 Stat. @0.) . ‘ _ a · Q 436t 'Hme wl¥¤‘ entry . may be- nada ·geaerally.=—After- ·Aug®t 13, 1914, no  be made and no entrymau shall be permitted to go upon lands rmrved for irrigation purposes until the &cretary of the Interior shall have: established, the ualt of acreage per entry, and water is mai to be delivered for the land. in such unit or Vsoma part thereof and such tact has been announced of the Secretary of — the Interior. (Aug. 13, 1915, c, 2*7, {10, & Stat; B89.)` ‘  _ V ‘ 4%   we g*¤*<=¤ ewier     ie ·¥¤¤¢ 2*- 19104          Aiuade prior to June   l ` 1919, have   or may be relinquished, juwhole or in part, the lands so relinquiaaed shall be subject to settlement and entry under the reclamation lnwl (Aug. l3, 1914,_·c. 247, li 10,* 38 Stat.%._) ¤ . a  l   —-’ —‘, 438. Exchange at farm unit mtry for lands In other project; credit for paggmmts; _ preference td cx··acrvice mea.--#Eve¤y eatrymaa or am@ on {project t farm unit. not lyet patented l amen a¤1¢_s1m1-be tmc by" the sammy to be iusumcieut, to support at family and pai water charges nhallmve the right , upon uripllcation to exclnage his entry ¢tor_ another farm unit of uaeatered public. land on t11e,s&m€·`01‘ u1otl1er,projecf located_ in the same State, in yhich event all installments ot construe-. tioa charges th€1‘8'C0ft>;€ paid ou' account `ot_ the `reliuquiéhed farm unit almll be` credited ou account of_, the new.*farm— unit takea in exchange :` Provided, That where two cutrymen apply for the same farm unit under the exchange provision ot this , section, only one of whom is aa oi§cer,`[ soldier, sailor, or marine l who served in tlge Army or Navy ot the United _ States in the “ war with Germany aud has been bouorably °geparated or dia- 5 charged therefrom or placed in the Regular Army or Naval Begerve, the ex-service man shall have a preference in qnakirng V auch exchange: Provided further, That the rights and Benefits t conferred by this section shall not ;e:;te¤d to tml? person who, * haviagbeeu drafted —for service under the provisions of the Selective Service Act, shall have refused to reader such aerivécelt ‘ or to wear the uniform of auch_ service of the United Statés. (Jaa._21, 1922, c. 82, §`1,`42 Stat. 358{Dec; 5, 1924, c. 4, O 4, auhsec. MWL? Stat. 703.)` n. ‘ f " _‘ 439. Cultivation regulreneutl as to eutrymca.;-·-The entry- l marx upon lunas to be irrigated alnall, in addition to compliance, with the homeateadlaws, reclaim at least oneéaali lot the total irrigable area ot bla eatry for agricultural purposes. (June 17,. 19Q2,c;1m3,§5,32Stat.3&;) _ .`_ l , ‘ I 449. Regulation as to use of water and requirements as to cultivation and reclamation of had; cancellation for noncom-` pliaacat with rmuircmcats.-——-The   rotary of the Interior ia authorized to mke general mlw = ··  , !‘€·8¤1&$i<>¤I `SGYGFNDE the   ot water in the irrigation of he lands within tu! project, and may require the reclama U (or agricultural purpoaea ami the cultlvattoa ot one-·!of ¢¢ t§6jif1'ig8.b1Q area under each waterlright application or e s lg e  within   full irriga-· tion seasons after the Bling of wat  » ,  h a  llcatian or eirtry, and the reclamatloa tar agricultural pu gt me; aud_ the cultiva- _ tion lot one-am: the lrrlgbla ,aru» wltlgaf live {ull irrigatloa. _ seasons after the Bling of the water-ri@t applimtloajor entry, _ and shall__prov`ide forfcoatinued compliance with auch require-- 86276*-····26—-r-v8O /~ °

7BL1C' LAN178  445 ments. _' Failure on the port of any water-right appHceQnt· or ‘ 'entryman to comply with! such requirements shall render his application or entry subject to caneellption. (Aug. 13, `1914, c. 247, § 8,38 Stat. 688.) _ ’ .. ~  _ 441. Assignment of eentries generally.———From, and after the · with the Commissioner. oi the General Lend 0Ece ot ` satisiofctory proof of, residence, improvement, and- cultivution for the live years required by law, persons who have, or shall · make, homestead entries within reclamation projects under the provisions of the `reclaination law, may assign such- entries, or any part thereof to other persons, and such emigueeq upon submitting proof ot the reclamation of the lends end upon ` payment of the¤ charges apportioned umm' the eeme as pro- " ylded in the said law, nxay receive from the United States a‘ patent for the lands.: Provided, That all aedgnmnts made ·l1l1d€1'.§hQ· proylsions of this · section shall be subject to the limitations, charges, terms, and conditions of the reclennation low. (-June 23, 1910,c. 357, 36 Stat. —. ’ ‘ ‘ A 442. Assignment between aime 23, 1919,; sed c January 1, -1913, eonBrmed.¢-In the ahmnee of any intervmlng valid, ndmtseo i¤*¢¤‘¢¤¤¤  ¤¤!    mule   1~• N: me and January 1,1913, otjand upon which the awimor‘has‘mb·· mittegl satisiactory.   proof and    ;e'  ze  jwfth the belief that the- emignmmt we valid and under the preceding moan, is hereby eonnrmed, and the asdgnee .shaH be entitled to the land- §¤8i8¤¢d has under   preceding secdon, ` notwithstanding that said- orinnnl entry wu conformed to. {arm units and thet the part awgned was eaneéled andpdimlnatedlfrom sold entry prior. to thednte of had proof: h·o· ev£ded,_'1‘het all entries so `aesljned shall be subject to the °Ilm·‘ itations, terms, nnd`c0n€1Itiong_ of the reclamation law; and all `ot said assignees whoa `entries are herehy fconnrmed shall, as p a condition toZ‘receivi¤:` patent, make the provi 1'€Q\|i1‘éd. Driv! to. May 8, 1916,_of.gss1gnees. (June 23, 1910, c. 357, 36.·Stat. 592; Mny 8, 1916, c. 114,39 Stat. 65.) .. _` _ - · · 443. Llnxitntion of -amonQint of land hoklabfe uder assignment. of entry.-—No person shall hold hy amigmnent more thanone farm unit `prlorto hnal payment of all charges for allthe. land held by him subject to the reclamation law, except operation and maintenance charges not then due. (Aug. 13, 1914, `é.»247,.§_13,38Stet.690.) ` " “U .. ’ ‘ °· 444. Leave of absence to entryman; entries prior to June 25, 1910.-—·All qualfiled entrymen who hevegprior to June 25, 1910, made bona Bde entry upon lands proposeq to be irrigated under Zthe provisions of the reclamation law, may, upon- application . and a showing that they have made substantial improvements, and that water is not available for the irrigation of their said lands, within the discretion of the Secretary of the Interior, obtain leave of absence from their entries, until water for irrigation ·is turned into the mein irrigation eensls from which the land is to he irrigated: Provided, {hat the period _o¢ actual absence under this section shall not be deducted from the full time of residence required hy? law. (June 25, 1919, c. 432, so sm. sexy - · ._ — l · Q 445. Protection `of_ entries made prior to Jme 25, 1910; absence of water as excuse for failure to maintain residence or make improvements.-—-No qualiheq entrymen who prior to- June ~ M 1910, mode hone Ede entry upon lands proposed to be 11»=¤·~zg¤:m under ,_ the provisions ot the reclamation -·law,· and who established residence in good talth upon the lands entered ~ by him} shell be subject to contest for failure to maintain ‘ residence or melee improvements upon his land prior to_ the 1 when water is available for the irrigation of the lands embraced in his entry; but all such entrymen shall, withln ninety days nfter the issuance of the_ public notice required hysection 419 of this chapter, fixing the dste when vsjuter will be avsileble for lrrlgaition, flle in the local land` oftlce a · watepright application. for the irrigahle lands embraced in his