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proposed irrigation works, or where requests and proposals are not approved
Upon the withdrawal of the land by the Department of the Interior, it shall be the duty of the Board to enter into a contract with the parties submitting the proposal, which contract shall contain complete specifications of the location, dimensions, character and estimated cost of the proposed ditch, canal or other irrigation works; the price and terms per acre at which such works and perpetual water rights shall be sold to settlers; and the price and terms upon which the State is to dispose of the lands to settlers. This contract shall not be entered into on the part of the State until the withdrawal of these lands by the Department of the Interior and the filing of a satisfactory bond on the part of the proposed contractor for irrigation works, which bond shall be in a penal sum equal to five per cent. of the estimated cost of the works, and shall be conditioned for the faithful performance of the provisions of the contract with the State.
No contract shall be made by the Board which requires a greater time than five years for the construction of the works, and all contracts shall state that the work shall begin within six months from date of contract, that at least one-tenth of the construction work shall be completed within two years from the date of said contract, that construction shall be prosecuted diligently and continuously to completion, and that a cessation of work under the contract with the State for a period of six months after the second year, without the sanction of the Board, will forfeit to the State all rights under said contract.
SEC. 14. Upon the failure of any parties, having contracts with the State for the construction of irrigation works, to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract with the State, to the satisfaction of the State Engineer, it shall be the duty of the secretary to give such parties written notice of such failure; and, if after a period of sixty days from the sending of such notice they shall have failed to proceed with the work or to conform to the specifications of their contract with the State, the bond and contract of such parties and all works constructed thereunder shall be at once and thereby forfeited to the State; and it shall be the duty of the Board at once so to declare and to give notice once each week, for a period of four weeks, in some newspaper of general circulation in the county in which the work is situated, and in one newspaper at the State Capital in like manner and for a like period, of the forfeiture of said contract, and that upon a fixed day proposals will be received at the office of the Board in the Capitol at Boise City for the purchase of the incompleted works and for the completion of said contract, the time for receiving said bids to be at least sixty days subsequent to the issuing of the last notice of forfeiture. The money received by the Board from the sale of partially completed works under the provisions of section fourteen of this Act shall first be applied to the expenses incurred by the State in their forfeiture and disposal, and to satisfying the bond; and the surplus, if any exists, shall be paid to the original contractors with the State.
SEC. 15. Nothing in this Act shall be construed as authorizing the Board to obligate the State to pay for any work constructed under any contract, or to hold the State in any way responsible to settlers for the failure of contractors to complete the work according to the terms of their contracts with the State.
Sec. 16. Immediately upon the withdrawal of any land for the State by the Department of the Interior, and the inauguration of work by the contractor, it shall be the duty of the Board, by publication once each week in some newspaper of the county in which said lands are situated, and in one newspaper at the State Capital, for a period of four weeks, to give notice that said land is open for settlement, the price for which said land will be sold to settlers by the State, and the contract price at which settlers can purchase perpetual water rights.
Any citizen of the United States, or any person having declared his intention to become a citizen of the United States (excepting married women) over the age of twenty-one years, may make application, under oath, to the Board, to enter any of said land in an amount not to exceed one hundred and sixty acres for any one person; and such application shall set forth that the person desiring to make such entry does so for the purpose of actual reclamation, cultivation and settlement in accordance with the Act of Congress and the laws of this State relating thereto, and that the applicant has never received the benefit of the provisions of this Act to an amount greater than one hundred and sixty acres, including the number of acres specified in the application under consideration. Such application must be accompanied by a certified copy of a contract for a perpetual water right, inade and entered into by the party making application with the person, company or association who have been authorized hy the Board to furnish water for the reclamation of said lands; and, if said applicant has at any previous time entered lands under the provisions of this Act, he shall so state in his application, together with description, date of entry and location of said land.
The Board shall thereupon file in its office the application and papers relating thereto, and, if allowed, issue a certificate of location to the applicant. All applications for entry shall be accompanied by a payment of twenty-five cents per acre, which shall be paid as a partial payment on the land if the application is allowed; and all certificates when issued shall be recorded in a book to be kept for that purpose. If the application is not allowed the twenty-five cents per acre accompanying it shall be refunded to the applicant.
The Board shall dispose of all lands accepted by the State under the provisions of this Act at a uniform price of fifty cents per acre, half to be paid at the time of entry and the remainder at the time of making final proof by the settler.
SEC. 18. As provided in the act of Congress all moneys received by the Board from the sale of lands selected under the provisions of this Act shall be deposited with the State Treasurer, and such sums as may be necessary shall be available for the payment of the expenses of the Board and of the State Engineer's office incurred in carrying out the provisions of this Act.
Such expenses shall be paid by the State Auditor in the manner provided by law upon vouchers duly approved by the State Board of Examiners for the work performed under its direction, and by the State Engineer for all work performed by the State Engineer's office; and any balance re
maining over and above the expense necessary to carry out the provisions of this Act, shall constitute a trust fund in the hands of the State Treasurer to be used only for the reclamation of other arid lands.
Within one year after any person, company of persons, association or incorporated company, authorized to construct irrigation works under the provisions of this Act, shall have notified the settlers under such works that they are prepared to furnish water under the terms of their contract with the State, the said settler shall cultivate and reclaim not less than one-sixteenth part of the land filed upon, and within two years after the said notice the settler shall have actually irrigated and cultivated not less than one-eighth of the land filed upon, and within three years from the date of said notice the settler shall appear before the secretary of the Board, a judge or clerk of the district court, or United States circuit court, or commissioner, to be designated by the Board, within the State, and make final proof of reclamation, settlement and occupation, which proof shall embrace evidence that he has a perpetual water right for his entire tract of land sufficient in volume for the complete irrigation and reclamation thereof; that he is an actual settler thereon and has cultivated and irrigated not less than one-eighth part of said tract; and such further proof, if any, as may be required by the regulations of the Department of the Interior and the Board. The officer taking this proof shall be entitled to receive a fee of two dollars, which fee shall be paid by the settler and shall be in addition to the price paid to the State for the land. All proofs so received shall be submitted by the secretary to the Board and shall be accompanied by the last and final payment for said land, and on the approval of the same by the Board they shall be forwarded to the Secretary of the Interior with a request that a patent to said lands be issued to the State: Provided, That when the secretary shall take such final proof all fees received by him shall be turned into the State treasury. SEC. 20.
Upon the issuance of a patent to any lands by the United States to the State, notice shall be forwarded to the settler upon such land. It shall be the duty of the Board, under the signature of the president and attested by its secretary, to issue a patent to said lands from the State to the settler.
The water rights to all lands acquired under the provisions of this Act shall attach to and become appurtenant to the land as soon as title passes from the United States to the State. Any person, company or association, furnishing water for any tract of land, shall have a first and prior lien on said water right and land upon which said water is used, for all deferred payments for said water right; said lien to be in all respects prior to any and all other liens created or attempted to be created by the owner and possessor of said land; said lien to remain in full force and effect until the last deferred payment for the water right is fully paid and satisfied according to the terms of the contract under which said water right was acquired. The contract for the water right upon which the aforesaid lien is founded shall be recorded in the office of the county clerk of the county where said land is situate.
Upon default of any of the deferred payments secured by any lien under the provisions of this Act, the person, company of persons, association or incorporated company, holding or owning said lien, may foreclose the same according to the terms and conditions of the contract granting and selling to the settler the water right. All sales shall be advertised in a newspaper of general circulation, published in the county where said land and water right is situate, for six consecutive weeks, and shall be sold to the highest bidder at the front door of the court house of the county, or such place as may be agreed upon by the terms of the aforesaid contract. And the sheriff of said county shall in all such cases give all notices of sale, and shall sell all such land and water rights, and shall make and execute a certificate of sale to the purchaser thereof. “And at such sale no person, company of persons, association or incorporated company, owning and holding any lien, shall bid in or purchase any land or water right at a greater price than the amount due on said deferred payment for said water right and land, and the costs incurred in making the sale of said land and water right.
At any time within nine months after the foreclosure sale by the sheriff of the land and water rights aforesaid, the original owner against whom the lien has been foreclosed, may apply to the person, company of persons, association or incorporated company, purchasing at such sale, to redeem such land and water rights and the purchaser shall assign the certificate of sale of such land and water rights to such original owner, upon the payment by him within such nine months, of the amount of the lien for which the same was sold at such foreclosure sale, together with the interest, costs and fixed charges thereon.
Where the lien holder becomes the purchaser at such foreclosure sale, if such land and water rights are not redeemed by the original owner within nine months, then at any time within three months after the expiration of such nine months, any person desiring to settle upon and use such lands and water rights, may apply to the purchaser at such foreclosure sale to redeem such land and water rights, and such purchaser shall assign the certificate of sale of such land and water rights to the person desiring to redeem the same, upon the payment by him, within such three months, of the amount of the lien for which the same was sold at such foreclosure sale, together with the interest, costs and fixed charges thereon.
Upon issuing any certificate of sale, it shall be the duty of the sheriff to file for record in the office of the county clerk of the county where such land is situated, a certified copy of such certificate of sale; and, in case the original owner shall redeem the land and water rights sold as aforesaid, he shall file for record in the office of such county clerk, the certificate of sale assigned to him by the purchaser as aforesaid, upon his redemption of such land and water rights. In case the land and water rights shall be redeemed by any person other than the original owner, the sheriff shall, upon presentation of such certificate, issue a deed for such land and water rights to the person so redeeming the same. If the land and water rights shall not be redeemed by any person within the times and in the manner hereinbefore provided, it shall be the duty of the sheriff, upon presentation of the certificate of sale by the original purchaser, to issue a deed to such purchaser. Where such land and water rights are not purchased by the lien holder at such foreclosure sale, it shall be the duty of the sheriff to first pay the lien holder out of the proceeds of such sale, the amount of the lien, together with all interest, costs and fixed charges thereon, and to pay any balance remaining to the person against whom such lien has been foreclosed, and for his services in such cases the sheriff shall receive the same fees as are provided by the law in civil cases. SEC. 21.
The maps in the office of the Board of the lands selected under the provisions of this Act, shall show the location of the canals or other irrigation works approved in the contract with the Board, and all lands filed upon shall be subject to the rights-of-way of such canals or irrigation works. Said right of way to embrace the entire width of the canal and such additional width as may be required for its proper operation and maintenance, the width of right of way to be specified in the contracts provided for in this Act. SEC. 22. The Board shall provide suitable rules for the filing of pro
. posals for constructing irrigation works, and for the entry of and payment for the land by settlers, and for the forfeiting of entry by settlers upon failure to comply with the provisions of this Act. There shall be kept in the office of the Board, for public inspection, copies of all maps, plats, contracts for the construction of irrigation works, and of the entries of land by settlers. It shall require from each person, company of persons, association or incorporated company engaged in the construction of irrigation works, under the provisions of this Act, an annual report, to be subinitted to the Board on or before November ist of each year. This report shall show the number of water rights sold, the number of users of water under said irrigation works, the legal subdivisions of land for which water is to be furnished, the wames of the officers of the company, the acreage of land which the said irrigation works is prepared to supply with water, and such other data as the Board sees fit to require. The rules required by this section may be waived in the case of irrigation works being constructed by a person, colony or association of persons to furnish water for land settled upon and being reclaimed by themselves.
The Board shall prescribe the duties of all its employees and shall collect the following fees:
For filing each application one dollar; for making certified copies of papers or records the same fee as provided for to be charged by the Secretary of State for like services. The money collected for fees shall be paid to the Treasurer of the State and by him credited to the fund created by virtue of this Act.
SEC. 24. The Board shall issue on or before November 30th of each year a report setting forth in detail the names, location and character of the irrigation works in process of construction, the acreage and legal subdivisions of land intended to be reclaimed, the estimated cost of said irrigation works, and the price of water rights from such irrigation works, and the terms of payment for both water rights and land. Not less than five thousand copies of such report shall be printed for gratuitous distribution.
All suits or actions brought by the Board, under the provisions of this Act, shall be instituted by the Board' in the name of the people of the State of Idaho.
SEC. 25. Whereas an emergency exists therefor this Act shall take effect and be in force from and after its passage.
Approved on the 2nd day of March, 1899.