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Code · STATUTES-AT-LARGE · Vol. 34 STAT. · April 16, 1906 · Chapter 1631

Chapter 1631. Providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes

584 words·~3 min read·/statutes-at-large/vol-34/chapter-1631-657245·

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CHAP. 1631.— An Act Providing for the withdrawal from public entry of lands needed for town-site purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, and for other purposes. April 16, 1906. [[S. 87](/us/bill/34/s/87).] [[Public, No. 103](/us/pl/34/103).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, Public lands.Town-site withdrawals under irrigation projects.Vol. 32. p. 388.Maximum acreage, survey, etc.
That the Secretary of the Interior may withdraw from public entry any lands needed for townsite purposes in connection with irrigation projects under the reclamation Act of June seventeenth, nineteen hundred and two, not exceeding one hundred and sixty acres in each case, and survey and subdivide the same into town lots, with appropriate reservations for public purposes. Sec. 2. Appraisement and sale of lots, etc.That the lots so surveyed shall be appraised under the direction of the Secretary of the Interior and sold under his direction at not less than their appraised value at public auction to the highest bidders, from time to time, for cash, and the lots offered for sale and not disposed of may afterwards be sold at not less than the appraised value under such regulations as the Secretary of the Interior may prescribe.
Expenses and proceeds.Reclamation funds may be used to defray the necessary expenses of appraisement and sale, and the proceeds of such sales shall be covered into the reclamation fund. Sec. 3. Improvement of public reservations, etc.That the public reservations in such town sites shall be improved and maintained by the town authorities at the expense of the town; and upon the organization thereof as municipal corporations the said reservations shall be conveyed to such corporations by the Secretary of the Interior, subject to the condition that they shall be used forever for public purposes.
Sec. 4. Water rights.Vol. 32. p. 389.That the Secretary of the Interior shall, in accordance with the provisions of the reclamation Act, provide for water rights in amount he may deem necessary for the towns established as herein provided, and may enter into contract with the proper authorities of such towns, and other towns or cities on or in the immediate vicinity 117of irrigation projects, which shall have a water right from the same source as that of said project for the delivery of such water supply to some convenient point, and for the payment into the reclamation fundPayment of charges. of charges for the same to be paid by such towns or cities, which charges shall not be less nor upon terms more favorable than those fixed by the Secretary of the Interior for the irrigation project from which the water is taken.
Sec. 5. That whenever a development of power is necessary for theLease of surplus water power. irrigation of lands under any project undertaken under the said reclamation Act, or an opportunity is afforded for the development of power under any such project, the Secretary of the Interior is authorized toTerms. lease for a period not exceeding ten years, giving preference to municipal purposes, any surplus power or power privilege, and the moneysDisposal of proceeds. derived from such leases shall be covered into the reclamation fund and be placed to the credit of the project from which such power is derived: *Provided,* That no lease shall be made of such surplus power*Proviso*.Impairment of irrigation projects prohibited. or power privilege as will impair the efficiency of the irrigation project.
Approved, April 16, 1906.
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