irrigation districts organized for or engaged in furnishing or in distributing water for irrigation. Water so impounded, stored, or carried under any such contract shall be for the purpose of distribution to individual water users by the party with whom the contract is made; provided, however, that water so impounded, stored or carried shall not be used otherwise than as prescribed by law as to lands held in private ownership within government reclamation projects. In fixing the charges under any such contract for impounding, storing, or carrying water for any irrigation system, corporation, association, district, or individual, as herein provided, the secretary shall take into consideration the cost of construction and maintenance of the reservoir by which such water is to be impounded or stored and the canal by which it is to be carried, and such charges shall be just and equitable as to water users under the government project. No irrigation system, district, association, corporation, or individual so contracting shall make any charge for the storage, carriage, or delivery of such water in excess of the charge paid to the United States except to such extent as may be reasonably necessary to cover cost of carriage and delivery of such water through their works.

3112. Federal government to cooperate with private enterprisesRestrictions.

SEC. 2. In carrying out the provisions of said reclamation act and acts amendatory thereof or supplementary thereto, the secretary of the interior is authorized, upon such terms as may be agreed upon, to cooperate with irrigation districts, water users associations, corporations, entrymen or water users for the construction or use of such reservoirs, canals, or ditches as may be advantageously used by the government and irrigation districts, water users associations, corporations, entrymen or water users for impounding, delivering and carrying water for irrigation purposes; provided, that the title to and management of the works so constructed shall be subject to the provisions of section 6 of said act; provided, further, that water shall not be furnished from any such reservoir or delivered through any such canal to any one land owner in excess of an amount sufficient to irrigate one hundred and sixty acres; provided, that nothing contained in this act shall be held or construed as enlarging or attempting to enlarge the right of the United States, under existing law, to control the waters of any stream in any state. [Sec. 3 provides that the moneys received in pursuance of such contracts shall be covered into the reclamation fund.]

An Act to provide for the sale of lands acquired under the provisions of the reclamation act and which are not needed for the purposes of that act.

Approved February 2, 1911

3113. Lands not required for government use in irrigation projects to be sold.

Whenever in the opinion of the secretary of the interior any lands which have been acquired under the provisions of the act of June seventeenth, nineteen hundred and two (Thirty-second Statutes, page 388), commonly called the "reclamation act," or under the provisions of any act amendatory thereof or supplementary thereto, for any irrigation works contemplated by said reclamation act are not needed for the purposes for which they were acquired, said secretary of the interior may cause said lands, together with the improvements thereon, to be appraised by three disinterested persons, to be appointed by him, and thereafter to sell the same for not less than the appraised value at public auction to the highest bidder, after giving public notice of the time and place of sale by posting upon the land and by publication for not less than thirty days in a newspaper of general circulation in the vicinity of the land.

3114. Idem-Conveyance-Limitations.

SEC. 2. Upon payment of the purchase price, the secretary of the interior is authorized by appropriate deed to convey all the right, title and interest of the United States of, in, and to said lands to the purchaser at said sale, subject, however, to such reservations, limitations, or conditions as said secretary may deem proper; provided, that not over one hundred and sixty acres shall be sold to any one person.

[Sec. 3 provides that the money derived from the sale of such lands shall be covered into the reclamation fund and be placed to the credit of the project for which such lands had been acquired.]

The land office issues different pamphlets containing regulations under the homestead, desert land, timber and stone laws, which are valuable guides to applicants.

Subsection numbers refer to United States Revised Statutes.

3115. Transfers by settlers before patent for public purposes.

SEC. 2288. Any bona fide settler under the preemption, homestead, or other settlement law shall have the right to transfer, by warranty against his own acts, any portion of his claim for church, cemetery, or school purposes, or for the right of way of railroads, canals, reservoirs, or ditches for irrigation or drainage across it; and the transfer for such public purposes shall in no way vitiate the right to complete and perfect the title to his claim. Approved March 3, 1891; 26 Stat. L. 1097.

See Fed. Stat. Anntd., Public Lands, vol. 6, p. 285.

3116. Who may enter certain unappropriated public lands.

SEC. 2289. Every person who is the head of a family, or who has arrived at the age of twenty-one years, and is a citizen of the United States, or who has filed his declaration of intention to become such, as required by the naturalization laws, shall be entitled to enter one quarter-section, or a less quantity, of unappropriated public lands, to be located in a body in conformity to the legal subdivisions of the public lands; but no person who is the proprietor of more than one hundred and sixty acres of land in any state or territory shall acquire any right under the homestead law. And every person owning and residing on land may, under the provisions of this section, enter other land lying contiguous to his land, which shall not, with the land so already owned and occupied, exceed in the aggregate one hundred and sixty acres. As amended by act March 3, 1891. Approved May 20, 1862, c. 75; 12 Stat. L. 392.

See Fed. Stat. Anntd., vol. 6, Public Lands, pp. 285 290, cases and notes.
See Cent. Dig., vol. 41, Public Lands, secs. 72 77.

3117. Idem-Mode of procedure-Affidavit, what to state-Deposit.

SEC. 2290. That any person applying to enter land under the preceding section shall first make and subscribe before the proper officer and file in the proper land office an affidavit that he or she is the head of a family, or is over twenty-one years of age, and that such application is honestly and in good faith made for the purpose of actual settlement and cultivation, and not for the benefit of any other person, persons, or corporation, and that he or she will faithfully and honestly endeavor to comply with all the requirements of law as to settlement, residence, and cultivation necessary to acquire title. to the land applied for; that he or she is not acting as agent of any person, corporation, or syndicate in making such entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land entered, or any part thereof, or the timber thereon; that he or she does not apply to enter the same for the purpose of speculation, but in good faith to obtain a home for himself, or herself, and that he or she has not directly or indirectly made, and will not make, any agreement or contract in any way or manner, with any person or persons, corporation, or syndicate whatsoever, by which the title which he or she might acquire from the government of the United States should inure, in whole or in part, to the benefit of any person, except himself or herself, and upon filing such affidavit with the register or receiver on payment of five dollars, when the entry is of not more than eighty acres, and on payment of ten dollars, when the entry is for more than eighty acres, he or she shall thereupon be permitted to enter the amount of land specified.. As amended by act March 3, 1891; 26 Stat. L. 1098.

See Fed. Stat. Anntd., vol. 6, Public Lands, pp. 290 292, cases and notes.
See Cent. Dig., vol. 41, Public Lands, sees. 72 77.

3118. Certificate and patent-Improvements and residence, proof of

Citizenship-Oath.

SEC. 2291. No certificate, however, shall be given, or patent issued therefor, until the expiration of five years from the date of such entry; and if at the expiration of such time, or at any time within two years thereafter, the person making such entry; or if he be dead, his widow; or in case of her death, his heirs or devisee; or in case of a widow making such entry, her heirs or devisee, in case of her death, proves by two credible witnesses that he, she, or they have resided upon or cultivated the same for the term of five years immediately succeeding the time of filing the affidavit, and makes affidavit that no part of such land has been alienated, except as provided in

section 2288, and that he, she, or they will bear true allegiance to the government of the United States; then, in such case, he, she, or they, if at that time citizens of the United States, shall be entitled to a patent, as in other cases provided by law. Approved June 21, 1866; 14 Stat. L. 67.

See Fed. Stat. Anntd., vol. 6, Public Lands, pp. 292-298, cases and notes.
See Cent. Dig., vol. 41, Public Lands, secs. 72-77.

3119. When rights inure to benefit of infant children-Sale of landRights of purchaser.

SEC. 2292. In case of the death of both father and mother, leaving an infant child or children under twenty-one years of age, the right and fee shall inure to the benefit of such infant child or children; and the executor, administrator, or guardian may, at any time within two years after the death of the surviving parent, and in accordance with the laws of the state in which such children, for the time being, have their domicile, sell the land for the benefit of such infants, but for no other purpose; and the purchaser shall acquire the absolute title by the purchase, and be entitled to a patent from the United States on the payment of the office fees and sum of money above specified. Approved June 21, 1866; 14 Stat. L. 67.

See Fed. Stat. Anntd., vol. 6, Public Lands, pp. 303-304, notes and cases.

See Cent. Dig., vol. 41, Public Lands, secs. 72-77.

3120. Persons in military or naval service, when and before whom to make affidavit.

SEC. 2293. In case of any person desirous of availing himself of the benefits of this chapter, but who, by reason of actual service in the military or naval service of the United States, is unable to do the personal preliminary acts at the district land office which the preceding sections require; and whose family, or some member thereof, is residing on the land which he desires to enter, and upon which a bona fide improvement and settlement have been made, such person may make the affidavit required by law before the officer commanding in the branch of the service in which the party is engaged, which affidavit shall be as binding in law, and with like penalties, as if taken before the register or receiver; and upon such affidavit being filed with the register by the wife or other representative of the party, the same shall become effective from the date of such filing, provided the application and affidavit are accompanied by the fee and commissions as required by law. Approved March 21, 1864; 13 Stat. L. 35.

3121. Affidavits under various land acts may be made, before whom

Where taken-False oath perjury-Fees.

SEC. 2294. That hereafter all proofs, affidavits, and oaths of any kind whatsoever required to be made by applicants and entrymen under the homestead, preemption, timber-culture, desert-land, and timber and stone acts, may, in addition to those now authorized to take such affidavits, proofs, and oaths, be made before any United States commissioner or commissioner of the court exercising federal jurisdiction in the territory or before the judge or clerk of any court of record in the county, parish, or land district in which the lands are situated; provided, that in case the affidavits, proofs, and oaths herein before mentioned be taken out of the county in which the land is located the applicant must show by affidavit, satisfactory to the commissioner of the general land office, that it was taken before the nearest or most accessible officer qualified to take said affidavits, proofs, and oaths in the land districts in which the lands applied for are located; but such showing by affidavit need not be made in making final proof if the proof be taken in the town or city where the newspaper is published in which the final proof notice is printed. The proof, affidavit, and oath, when so made and duly sub

scribed,

or which may have heretofore been so made and duly subscribed, shall have the same force and effect as if made before the register and receiver, when transmitted to them with the fees and commissions allowed and required by law. That if any witness making such proof, or any applicant making such affidavit or oath, shall knowingly, wilfully, or corruptly swear falsely to any material matter contained in said proofs, affidavits, or oaths he shall be deemed guilty of perjury, and shall be liable to the same pains and penalties as if he had sworn falsely before the register. That the fees for entries and for final proofs, when made before any other officer than the register and receiver, shall be as follows:

For each affidavit, twenty-five cents.

For each deposition of claimant or witness, when not prepared by the officer, twenty-five cents.

For each deposition of claimant or witness, prepared by the officer, one dollar.

Any officer demanding or receiving a greater sum for such service shall be guilty of a misdemeanor, and upon conviction shall be punished for each offense by a fine not exceeding one hundred dollars. As amended by act March 4, 1904. Approved March 21, 1864; 13 Stat. L. 35.

See Fed. Stat. Anntd., vol. 6, Public Lands, p. 305, notes and cases.
See Cent. Dig., vol. 41, Public Lands, secs. 72-77.

3122. Homestead lands not subject to prior debts.

SEC. 2296. No lands acquired under the provisions of this chapter shall in any event become liable to the satisfaction of any debt contracted prior to the issuing of the patent therefor. Approved May 20, 1862; 12 Stat. L. 393. See Fed. Stat. Anntd., vol. 6, Public Lands, pp. 307-310, notes and cases. See Cent. Dig., vol. 41, Public Lands, secs. 72-77.

3123. When lands entered for homestead revert to government-ProvisoClimatic conditions.

SEC. 2297. If, at any time after the filing of the affidavit, as required in section 2290, and before the expiration of the five years mentioned in section 2291, it is proved, after due notice to the settler, to the satisfaction of the register of the land office, that the person having filed such affidavit has actually changed his residence, or abandoned the land for more than six months at any time, then and in that event the land so entered shall revert to the government; [provided, that where there may be climatic reasons the commissioner of the general land office may, in his discretion, allow the settler twelve months from the date of filing in which to commence his residence on said land under such rules and regulations as he may prescribe]. Approved May 20, 1862; 12 Stat. L. 393.

See Fed. Stat. Anntd,, vol. 6, Public Lands, p. 310, notes and cases.

See Cent. Dig., vol. 41, Public Lands, secs. 72-77.

3124. Quarter-section only may be acquired.

SEC. 2298. No person shall be permitted to acquire title to more than one quarter-section under the provisions of this chapter. Approved May 20, 1862; 12 Stat. L. 393.

See Fed. Stat. Anntd., vol. 6, Public Lands, p. 313, notes and cases.
See Cent. Dig., vol. 41, Public Lands, secs. 72-77.

3125. Existing preemption rights not impaired.

SEC. 2299. Nothing contained in this chapter shall be so construed as to impair or interfere in any manner with existing preemption rights; and all persons who may have filed their applications for a preemption right prior to the twentieth day of May, eighteen hundred and sixty-two, shall be entitled to all the privileges of this chapter. Approved May 20, 1862; 12 Stat. L. 393. See Cent. Dig., vol. 41, Public Lands, secs. 72 77.