An Act to provide for the disposition of abandoned portions of

rights of way granted to railroad companies.

owners of land occupied when

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever public lands of the United Public lands. States have been or may be granted to any railroad etc: Sranted to company for use as a right of way for its railroad or transferred to as sites for railroad structures of any kind, and use and occupancy of said lands for such purposes has abandoned. ceased or shail hereafter cease, whether by forfeiture or by abandonment by said railroad company declared or decreed by a court of competent jurisdiction or by Act of Congress, then and thereupon all right, title, interest, and estate of the United States in said lands shall, except such part thereof as may be embraced in a public highway legally established within one year after the date of said decree or forfeiture or abandonment be transferred to and vested in any person, firm, or corporation, assigns, or successors in title and interest to whom or to which title of the United States may have been or may be granted, conveying or purporting to convey the whole of the legal subdivision or subdivisions traversed or occupied by such railroad or railroad structures of any kind as a foresaid, except lands within a municipality the title to which, upon for- milionditirea omu: feiture or abandonment, as herein provided, shall vest ed. in such municipality, and this by virtue of the patent thereto and without the necessity of any other or further conveyance or assurance of any kind or nature whatsoever: Provided, That this Act shall not affect con- Provisos. veyances made by any railroad company of portions of revance prior care its right of way if such conveyance be among those fected. which have been or may hereafter and before such forfeiture or abandonment be validated and confirmed by any, Act of Congress; nor shall this Act affect any pub- Highways not lic" highway now on said right of way: Provided further, That the transfer of such lands shall be subject Mineral jghts to and contain reservations in favor of the United States of all oil, gas, and other minerals in the land so transferred and conveyed, with the right to prospect for, mine, and remove same.

Approved, March 8, 1922 (42 Stat. 414).








423 424

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425 427 427 427

428 430



For town sites within Government reclamation projects, see “ Town

sites ". Act of June 17, 1902–Reclamation of arid lands-Construction of works

Withdrawal and restoration of lands-Water-right chargesLands in

private ownership-Interstate streams.-Act of February 8, 1905-Use of stone and timber on public lands for

irrigation work Act of February 9, 1905-Raising the levels of certain lakes in California

and Oregon.
Act of March 3, 1905—Dam in Yellowstone River, Mont-----
Act of March 3, 1905—Proceeds from sales of materials to go to reclama-

tion fund.--
Act of April 16, 1906-Lease of surplus power--
Act of June 12, 1906-Reclamation act extended to Texas...-
Act of June 27, 1906--Minimum area for entry-Extension of time for

submitting proof on desert entries---
Act of April 30, 1908—Irrigation of Indian allotments.
Act of May 27, 1908-—-Pay of reclamation employees may be assigned
Act of June 23, 1910-Assignment of completed entries_----
Act of June 25, 1910-$20,000,000 appropriated-No entries allowed until

unit and charges are fixed.--.
Act of June 25, 1910_Leave of absence.
Act of February 2, 1911--Sale of lands not needed for irrigation pur-

poses--Act of February 13, 1911— Withdrawal and changes of public notices

Act of February 18, 1911-Lands entered prior to June 25, 1910, and

relinquished, subject to entry-
Act of February 21, 1911-Contracts to sell or convey water authorized..
Act of February 24, 1911—Lease of surplus power.
Act of April 30, 1912-Leave of absence..
Act of July 24, 1912—Desert-land entrymen may assign.
Act of August 9, 1912-Patents may issue on certain conditions.
Act of August 26, 1912-Patents on desert-land entries-
Act of July 17, 1914--Entrymen on Flathead project may assign after

final proof..
Act of August 13, 1914-Extension of time within which to pay water-

right charges-Penalties for nonpayment-Reclamation requirements--When lands subject to entry-New projects--Assignment of excess

farm units-Acceptance of act-
Act of October 5, 1914Withdrawal of lands for country parks and

community centers.-
Act of March 3, 1915—Payment of damages to landowners..
Act of March 4, 1915—Entries in lieu of lands not irrigable.
Act of May 8, 1916-Assignment of reclamation entries..
Act of June 28, 1916—Exchange of lands near Jackson Lake, Wyo.--
Act of July 1916-Pipe line right of way near Elephant Butte Dam,

New Mexico---
Act of July 26, 1916-Extension of time for acceptance of act of Sep-

431 432 433 431 43.) 435 437




445 445 146

417 Page.

tember 13, 1914..
Act of August 11, 1916-Sale of railroad in Boise project authorized
Act of August 11, 1916—State irrigation districts -
Act of August 17, 1916–Relief of settlers on Yuma project
Act of January 25, 1917—Yuma auxiliary project---
Act of February 15, 1917--Patents after certain proofs and payments.



457 457 458 458

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464 465

Act of June 12, 1917—Moneys to be expended on projects from which

collected --
Act of August 10, 1917—Residence in neighborhood of private lands not

required during the war with Germany--
Act of February 28, 1919–Relief of entrymen on Castle Peak project--
Act of October 20, 1919—Land for school sites_-
Act of October 22, 1919—Arid lands in Nevada.
Act of February 25, 1920-Water supply for purposes other than irri-

gation --
Act of April 1, 1920–Reservoir in Blackfeet lands_
Act of May 18, 1920— Investigation of Imperial Valley-
Act of May 20, 1920—Sale of improved lands within Government recla-

mation projects -
Act of May 27, 1920—Sale of certain lands in Oregon and California ---
Act of June 5, 1920—Charges for reclamation on Garden City project

Act of March 4, 1921–Expenditures on projects—Traveling expenses_
Act of May 17, 1921–Entrymen in arrears with water-right payments..
Act of August 9, 1921–Exchange of land with Swan Land & Cattle Co--
Act of August 19, 1921–Waters of Colorado River ----
Act of March 31, 1922—Extension of time for payment of reclamation

charges ---
Act of May 15, 1922—Application of reclamation law to irrigation

Act of September 18, 1922-Sale of surplus power-
Act of September 22, 1922—Investigation of tri-county project, Nebraska.
Act of September 22, 1922—Extension of time for development of under-

ground waters in Nevada----
Act of February 14, 1923—Drainage on Newlands project----
Act of February 21, 1923–Investigation of Columbia River project---
Act of February 26, 1923—Toole County Irrigation District, Mont----
Act of February 28, 1923–Extension of time for payment of charges.
Act of March 3, 1923–California authorized to bring suit---

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461 475 475 476 476 478

An Act Appropriating the receipts from the sale and disposal of

public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all moneys received from the sale and disposal lamaian fundes: of public lands in Arizona, California, Colorado, Idaho, tablished from Kansas, Montana, Nebraska, Nevada, New Mexico, land receipts. North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, and Wyoming, beginning with the fiscal year ending June thirtieth, nineteen hundred and one, including the surplus of fees and commissions in excess of allowances to registers and receivers, and excepting the five per centum of the proceeds of the sales of public lands in the above States set aside by law for educational and other purposes, shall be, and the same are hereby, reserved, set aside, and appropriated as a special fund in the Treasury to be known as the “ reclamation fund,” to be used in the examination and survey for and the construction and maintenance of irrigation works for the storage, diversion, and development of waters for the reclamation of arid and semiarid lands in the said States and Territories, and for the payment of all other expendi-ricultural com

Support of ag. tures provided for in this Act: Provided, That in case the leges.

* Extended to Texas by the Act of June 12, 1906.

Location and construction of


receipts from the sale and disposal of public lands other than those realized from the sale and disposal of lands referred to in this section are insufficient to meet the requirements for the support of agricultural colleges in the several States and Territories, under the Act of August thirtieth, eighteen hundred and ninety, entitled "An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an Act of Congress

approved July second, eighteen hundred and sixty-two, Deficiency, the deficiency, if any, in the sum necessary for the sup

port of the said colleges shall be provided for from any moneys in the Treasury not otherwise appropriated.

SEC. 2. That the Secretary of the Interior is hereby irrigation works. authorized and directed to make examinations and sur

veys for, and to locate and construct, as herein provided, irrigation works for the storage, diversion, and development of waters, including artesian wells, and to report

to Congress at the beginning of each regular session as to Estimates of the results of such examinations and surveys, giving esti

mates of cost of all contemplated works, the quantity and location of the lands which can be irrigated there. from, and all facts relative to the practicability of each irrigation project; also the cost of works in process of construction as well as of those which have been completed.

Sec. 3. That the Secretary of the Interior shall, before drawn from pub

giving the public notice provided for in section four of this Act, withdraw from public entry the lands required

for any irrigation works contemplated under the proRestoration. , visions of this Act, and shall restore to public entry any biet molt irri. of the lands so withdrawn when, in his judgment, such

lands are not required for the purposes of this Act; and the Secretary of the Interior is hereby authorized, at or immediately prior to the time of beginning the surveys for any contemplated irrigation works, to withdraw from entry, except under the homestead laws, any public

lands believed to be susceptible of irrigation from said Homestead en- works: Provided, That all lands entered and entries made tries.

under the homestead laws within areas so withdrawn during such withdrawal shall be subject to all the pro

visions, limitations, charges, terms, and conditions of Surveys, costs, this Act; that said surveys shall be prosecuted diligently

to completion, and upon the completion thereof, and of the necessary maps, plans, and estimates of cost, the Secretary of the Interior shall determine whether or not said project is practicable and advisable, and if deter

mined to be impracticable or unadvisable he shall there. Restoration.

upon restore said lands to entry; that public lands which it' is proposed to irrigate by means of any contemplated

Not subject to entry until water is available; see the acts of June 25, 1910, Feb. 18, 1911, and Aug. 13, 1914.

Lands with

lic entry.


Commutation not allowed.

works shall be subject to entry only under the provisions of the homestead laws in tracts of not less than forty 3 nor more than one hundred and sixty acres, and shall be subject to the limitations, charges, terms, and conditions herein provided : Provided, That the commutation provisions of the homestead laws shall not apply to entries made under this Act.

SEC. 4. That upon the determination by the Secretary Contracts. of the Interior that any irrigation project is practicable, he may cause to be let contracts for the construction of the same, in such portions or sections as it may be practicable to construct and complete as parts of the whole project, providing the necessary funds for such portions or sections are available in the reclamation fund, and thereupon he shall give public notice of the lands ir. Public notice of

irrigable lands, rigable under such project, and limit of area per entry, charges, etc. which limit shall represent the acreage which, in the opinion of the Secretary, may be reasonably required for the support of a family upon the lands in question; also of the charges which shall be made per acre upon the said entries, and upon lands in private ownership which may be irrigated by the waters of the said irrigation project, and the number of annual installments, not exceeding ten, in which such charges shall be paid and the time when such payments shall commence. The said charges shall be determined with a view of returning to the reclamation fund the estimated cost of construction of the project, and shall be apportioned equitably: Pro-Limit of work vided, That in all construction work eight hours shall Mongolian laconstitute a days' work, and no Mongolian labor shall be bor. employed thereon.

Sec. 5. That the entryman upon lands to be irrigated Requirements by such works shall, in addition 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 to the Government the charges apportioned against such tract, as provided in section four. No right

No right Limit for lands

in private owner. to the use of water for land in private ownership shall be ship sold for a tract exceeding one hundred and sixty acres to any one landowner, and no such sale shall be made to any landowner unless he be an actual bona fide resident on such land, or occupant thereof residing in the neighborhood of said land, and no such right shall permanently attach until all payments therefor are made. The annual Payments. installments shall be paid to the receiver of the local land office of the district in which the land is situated, and a failure to make any two payments when due shall render the entry subject to cancellation, with the for

3 See the act of June 27, 1906, for fruit and garden lands. • Term of payments extended to 20 years by act of Aug. 13, 1914, 5 Manner of payments, amended by act of Aug. 9, 1912. * Suspended by the act of Aug. 10, 1917. ? To be paid to officer of Reclamation Service; see act of Aug. 9, 1912.

of entrymen.

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