Page:United States Statutes at Large Volume 44 Part 1.djvu/1388

 § 643 TITLE 4.s.-·-pz of the terms of the grant made ln the preceding section, at lien or liens is hereby authorized to be created by the State. to whieh such lands are granted and by no other authority 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 wateris actually furnished in a substantial ditch or canal, or by artcsian wells or reservoirs, to reclaim_.a_particnlar 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 circumstances shall the United States .be in any manner directly or indirectly liable for any am0unt.0f any auch lien _0r llability, ln whole or `in part. l (June 11,, 1896, c. 4-20, § 1,. 29 Stat,413.)  _ ,_ ·   '» · 643. Temporary withdrawal from· settlement or entry.-To aid in carrying outthe purposeslof section,1 of this chapter,. it 1 , shall be lawful for the Secretary of the Interior, upon applica; tion by the proper omcer of any State or Territory to which said section applies, to withdraw temporarily from settlement or entry areas embracing lands for which the State or Territory proposes to make application- under. saidréection, pending the investigation and survey preliminary to; the tiling of the maps and plats and application for segregation by the Stateor Territory: Pxovided, 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its application for `segregation and maps and plats within"one.year after such temporary withdrawal the lands so withdrawn shall be restored to entryas though such withdraws! hadnot been made. (Mar. 15, 1910, c. 96,86 Stat. 237.)’ 7 644. Preference right to entrymen under State laws.-The Secretary of the Interior, when xatoring to the public domain laodsfthat have been segregated to. a. State under sections 1 to 3, inclusive, ot this chapter, is authorized, l ln his jxfhcretion and nnder sneh rules and regulations as hennay; establish to allow for not exceeding ninety days to any Carey"Act·entryinan a preference right ot entry under applicableland laws of any of sneh lands; which snch person had entered under and pursuant to the State laws providing for the administration of the grant nnder the Carey Act and upon which- such person had established actual bona Bde residence or had made substantial and permanent improvements: Provided, That each lentryuian shall he entitled to a ‘ credit as residence upon, his new homestead entry allowed hereunder of the time that he has actually lived npon the claim as a bona Bde resident thereof; (Feb. 14, 1920, c.74,418tat.407.) _ ‘ _ _ ‘   _ , Nevada, and Wyoming for reclamation.-—-An additional one .million acres ot arid lands within each of the Statw ot Colorado, Idaho, Nevada; and .Wyoming is xnade available and subject to the terms of section 11 oi this chapter, and the States ot Idaho and Wyoming are allowed nndergthe provisions ot said seétion said additional area or so much thereof as may be necessary for the purposes and nnder tho;. provisions ot said. section. (May 27, 1998, .c. 200, .§ 1, 35  347';'Mar.' 4, 1911,- c. 2S5,.§ 1, 36 Stat. 1417 ; Ang..21, 1911, No. 7, 37 Stat.-88.) - 646.~ Grant exteadd to New Mexico and Arizona,-—-All the `prorisions ot sections 1 to 3, inclusive, of this chapter, are extended to the States ot Nepv Mefico and Arizona, and the . 'swid States upon complying with the provisions of said section shall be entitled to have and receive all of the benedtatberein conferred _ upon ‘the States. (Feb. 18, 1909, c. 150, I 1, 35 Staf. 638.). _· . ‘ . Q e 647. Grant extended to desert lands within part of former. Utedndian Récrvation in Colorado.-—-The provision ot sections 1 to 3.' inclu·.·;ive, of this chapter are extended over and shall apply to the desertlands within the limits of all that portion of
 * 645. Additional arid lands available to Colorado, Idaho,

mma LANDS 1374 the former Ute Indian Reservation, not included `in any national forest, in the State of Colorado, described and embraced in the Act entitled "An Act relating to lands in—G010rad0 lately occupied; by the Unccmpahgre and White River Ute Indians? approved July 28, 1882i Pfovtdcd, That hefore · a intent shall jssue for any ot the lands aforesaid under the terms ot the said section the State of Colorado shall pay into thqilfreasnry of the United States the sum of $1.25 per acre for the lands so patented; and the money so paid shall be subjectto the °pro- _visione ot section 3- of the_Act of June 15, 1880, entitled "An Act to accept and ratify the agreements submitted by the confederated bands ot Ute Indians in. Colorado for the sale, at their reservation in Said State, and for other puyposes, and to make the necessary appropriation for carrying out same? No lands sha11_.be=i11cluded in any tract to be segregated under the provisions of thiesection on which the United States Government has- valuable imprqvements,`01‘ which- have been re- · served for any Indian schools or farm purposes. (Feb; 24, ·-1909,oc,.178,.§§ 1, 2, 35 Stat 645.)*. 4 _ · 648. Extension of time of icgregation and reclamation in »·0regon segregation lists.——'1‘Be_‘Secretary of the Interior is ‘.authorized,I-within his discretion, to extend for e period of not exceeding ten years the time ot segregation in the Oregon Carey Act segregation liits numbered, 6 &nd_19, the two arms comprising 147,714 acres, in the a te, approximately, 86,000 `acres ot which are irrigable,. same being situated in Crook County, Oregon: Pmvided, That the Secretary of the Interior i is turthernuthorizcd to grant to the State of Oregon a similar _ extension of ten. years for the reclamation io! said lands, in addition to the time allotted hinder rnlea, r%nlationsQ contracts, and 1aw`s_ February 26, 1911. h I " The Secretary of the Interior is also authorized, within his discretion} to continue to not beyond January 1;, 19% the segregation ot the lands embraced in approved I Oregon omegation list numbered 13. ‘ · —  _ {The Secretary of °the Interior ig also authorized within his discretion -to continue to not beyond October -21, 1%0, the segregation or the lands embraced nin approved Oregon egre- ·g‘ation,1iet numbered 11. (Feb. 26, 1917, ct 124,   Stat. 942; Mar. 8, 1919, c.'114, 40 $tat.°1822; June 5, 1920, c. 248, 41 Stat. _ Chapter 1 5.-—APPROPRIATION OF -WATER.S; RESER- · VOIB SITES. _ *— v sec. ; · ’ I O. . 861. Appropriation of hvqfte;-• on pnblie lands: rlzht at way, for canals and ditches. · __ _ ‘ . 662. Reservation of reservoir situ generally. - .663. Restriction of ities to inclusion of- necutary lands. 664. Rights or way over reservoir situ generally. .  Rights et way over reservoir sites; wagon road, railroad; or Q othereehlghwsy. _ ~  ` Section 661. Appropriationof water: an public lands; right of way for canals and ditches.-——Whenever, by priority of poisession, rights to the use of watw for mining; lsricultnral, manufacturing; or other purpoea, have vested and accrued, andthe same are recognized and acknowledged by the local ` customs, laws, and the decisons of courts, the @@1*s and owners of ysnch vated rights aehal1_be maintained and protected-in the same; andthe right of way for the construction ot ditches and canals for the pnrpcaea herein apecided i¤ ~ acknowledged and  ;» but whenever anypereon, in the construction ot any ditch or canal, injures or damages the mmm ot any settler on the pnbllc domain, the party conn mitting such injury or damage shall be liable to the mrty in- $I11’éd_fQ1' such injury og damage. g- _ All patents granted, or preengption or homesteeds allowed; · shall be snbject t0· any vwted and accrnedtwater righta, or rights to ditches '8Dd’1’€8€1’Y0i1`S` need in connection with such