Page:United States Statutes at Large Volume 44 Part 1.djvu/1376

 §‘446 TITLE 43.-—Pi entry, in neonformity with the public notice and approved farm- A unit plat for the township in which his entry, lies, and shall also me an ·_ail“idavit that he has reestablished his residence on the land with the intention of maintaining the same for a period suml2ient·_to_ enablerhim tomake Hnal proof: .Prov•2ded, That no such entryman shall be entitled to have eountedas part of the required period of residence any period of- time ` during which he was not. actually upon fthe said land, prior to the `date of the notice aforesaid, land no application for the ‘ entry of said lands shall be received until after the eipiration of the ninety days after the issuance of notice within which * the entryman is hereby required to `reestabllshp his residence and apply for·water‘. right. · (Apr. 30, 1912, c. 100, 37 Stat. 105.). 446. Right to makeeatry on relinquishment of former entry under Jam! laws.—Wherever the Secretary of the interior,] in carrying ·out the provisions of the reclamation law, shall acquire by relinquishment lands covered by a bona fide unpersfeeted __entry under the land laws of the- United States, the entryrnan {upon such tract may make another and additional entry, as though the · entry thus—"rellnquished had not been made; (June 27,'1906, cL 35,59, § 2, 34 Stat. 519.) _. ._ ‘ .447; Re ishment. of "homestead entry and '_ making new _ entry.-··Any person who has made homestead entry under the _ reclamation law, for land believed to be susceyible of _ irriga- `tion which at the time of said entry; was withdrawn for ‘ any . eoatemplated irrigadon,. project, ·_may  the same, ‘ provided that lt has since. been determined that the land em¤ - braced in such entry or all thereof in excess of twenty acres is not or will not be irrigable under zthe project, and _ in lien thereof may select and make entry for any farm unit included within such irrigation project as dually established, notwithstanding the provisions ofsection'436 of this chapter: Provided,. That such lwtrymen shall. be given credit on the new entry forthe time of bona ade residence maintained on the original entry. (Mar. 4, 1915, c. 182, 38 StatQ 1215.) .- I. ‘ - ` ‘ M8., Dmt-land entries within reclamation project generallya-iwhere any bona Bde dewrbland entry has been or may be embraced 'withln the exterior limits of &l1Y_l&·!1l1` withdrawal or irrigation _ project under, ·~ the reclamation law — and the desert-iland. entryman has been or may be directly or indirectly I hindered, delayed, or prevented from making improvemeutsjor from reclaiming the land embraced in any such entry by reason of such land withdrawal or irrigation project,. the time during which the ‘desert·land · entryman has been or xnay be so hin¥ dered, delayed, or prevented from complying with the desertland law shall not be computed in determining thetlme within which such entryman has been or. may ·be= required 'to make improvements or reclaim the land ernbraged withlnany such ` desert-land entry: ~ Provided, {Phat it after investigation the irrigation project has been or may be abandoned by the Gov-` ernment, time for compllance with the desert land law, by any such entryman shall begin to run;. from the date of notice' of asuch abandonment or the project and the rqtoration to the public domain of the lands withdrawn in connection therewith, U and credit shall be allowed for all expenditnres and lmprovements made prior to June 27, {1906, ~. on any- such desertdand entry of which proof has been nled; but lf. the reclamation _` project is carried 'te `conxpletion so as to make availawe a water supply for the land embraced in any such desert·—land entry, tho entryman shall thereupon comply with all the provisions of the reclamation law, and shall relinquish all land embraced vi·ithln· his desert-land entry ln exem of one hundred ‘·angl‘ sixty acres, and as to such. one hundred and sixty acres retained, he shall be entitled to maker  proof and obtaln patent upon. compliance with the terms ofpayment prescribed lu said law, and `not otherwise. "But nothing herein eontalned shall be held `-to require a desert-land entryxnan who owns 0. water right and reclalms the land embraced in his entry to

UBLIO LANDS _ ‘ _ 1362 accept the conditions of said reclamation kiwi, (June 27, 1906, A e. 3559, 5 Q5. ·34.Stat. 520.) z Q ` 149. Assignment of. desert-land entry within project.-v·—·A · desert-land entry within the ex¤a·1er‘ limits oi a Government reclamation project maybe assimed in wuomaer in part iaaaef ` section 824 ofchapter`9 oftbis title, and the benents and limitations of the preceding section shall apply to  d€8€1't•ISBd entryman and· his assignees  Pro»v~ided,’ That   such assign·· ments shall conform to and be at accordance with farm. units to be established by the Secretary of the Interior upon the · application ot the desert-land. entryman. All smh assignments madein good faith prior jto Jil}? 24.1912, shall be recognized `under this section. _ (Ju1y·24, 1912,1:. 251, 37 Stat. _ _ ;‘_ . CONSTRUCTION CHARGES, construction ·_ charges rrhich shall be made   acre upon the Yentries and upon lands in private ownership which may be irrigated by the waters of any irrigation project shall be cletermlned _.with · a view ot returning to the reclamation fmd the  estimated cost of construction of the project, and shall be ap- ° portioned equitably. (June'17, 1902,1:. 10%* S 4;. M Stat. @9.) _462. Classiicntion _ of irrigible  and eq M  aa.e » unwrtionment of charges.--The irrigahle landrot eaclrnew project and new division of a project approved, after   5, 1%4, shall be classiiletl by the Secretary with rwpeet to their power,. under a proper agricultural prepam, to support A   and - pay `water charges, and the Secretary is authorised to Ex ditterent construction charges ‘ against dinlerent claw M land l under ;the _   project for the purpose ei equitably apportien; lng the totalconstruction cost so that   lands my as tar as practicable bear Ythe naman pt such cost according to their hroductlve value. (Dec. 5, 1924, ~e:"4;·| 4, suhsee. D, 43 Stat. 702.) . ‘ . Q — · ‘ _ . _ _ 463. Notices as to construction charges.-·-·—Tbe Secranry shall as to each .irrigable acre~of land in each nevv project,. or a new division of a project, approved after December 5, 1924, two public notices relating to construction charges. The nrst public notice shall be issued when the land. is ready ter settlement and will; announce the construction charge per irrigable Qacre.· The second public notice shall be, i  when gn the ‘ opinion of the Secretary the agricultural development of the project shall have advanced sumclently to warrant  com-· mencement of payment of installments of _ such construction charge. The second public notice shall Ex the date when my ments will begin on the construction charge announced by  Brat public notice, which date shall be not more than Eve years from the date of the _·tlrsf public notice. (Dec. 5, 1924, c. 4, ‘§4,s¤1bsec.E,43Stat.,'Z02.) ‘  _ ‘ _` ` .464. Increases of charges on failure to nuke water-right ` ·applic•t_lon.··-—=—In all cases where application for water right {or lands ln private ownership or lands held`° under entrles not suh— ject~to_ the ·reclaxnation.1a_.w shall not be made within ‘onefyear¥ after August 13, 1914,. or within one year after notice leaned ln pursuance of section 419 ot. this `chapter, in cam where suchnotice has not. been issued `prlor to August 18, 1914, the construction charges for such land shall be increased 5 per centurn each year until such application is made and an initial installment is paid; (Aug. -13, 1914, c. 247, Q Q, 38. Stat. W.) » .• 465. Charges for water service prior to notice of construetion chargemwhenever water is available and it is lmprac-·_ tleable to apportion operation and maintenance charges as provided. ln section 492 ot this chapter; the Secretary otjthe Interior ·may,- prior to giving public notice of the construction charge per acre upon land under any project, furnish water to. any tentryman or private landowner thereunder until, such noti@` is given, making a reasonable charge therefor, and such . charges  be subject to the same penaltlesand to the pro-
 * 461. Determinatim. of  charges generally.-—The