extend an irrigation system already constructed or one in process of construction, or the rights to construct which have been acquired, or to construct ditches, canals, reservoirs, or other irrigation works, for the complete reclamation of the lands so designated. The proposal shall be prepared in accordance with the rules of the board, and the rules, practice, and regulations of the department of the interior, which shall state the source of water supply, whether the right to the same has been acquired or is sought to be acquired from the state; the location and dimensions of the works already constructed or in process of construction, or the location and dimensions of the proposed works with estimated cost of such proposed works, the maximum price and terms per acre at which perpetual water rights will be sold to settlers on the land to be reclaimed, and the maximum price per acre per annum for maintenance tax. In the case of corporations it shall state the name of the corporation, the purpose of its incorporation, the names and places of residence of its directors and officers, the amount of its authorized and of its paid up capital. If the applicant is not a corporation, the proposal shall set forth the name or names of the parties, and such other facts as shall enable the board to determine as to their financial ability to carry out the proposed enterprise. ['97, pp. 100-1.

2375. Id. Certified check to accompany proposal. A certified check in such reasonable sum as may be required by the rules of the board, not less than two hundred and fifty dollars, shall accompany each such proposal, the same to be held as guaranty for the execution of the contract with the state, in accordance with its terms by the party submitting such proposal, in case of the approval of the same and the selection of the land by the board, and to be forfeited to the state in case of failure of said parties to enter into a contract with the state in accordance with the provisions of this chapter. ['97, p. 101.

2376. Land board to investigate. Notice. Protests. Upon receipt of such application and proposal the board shall examine the same, and if it does not comply with the regulations of the department of the interior, and the rules of the board, it must be returned to the applicant for correction; but if it does so comply, the board shall determine, whether the reclamation of the land applied for can be secured by means of the irrigation system proposed to be extended to such land for the purpose of its reclamation; whether there are sufficient water rights vested in the applicant, or there is sufficient unappropriated water in the source of supply, and whether the capacity of the constructed or proposed works is adequate to reclaim the lands described; whether or not the proposed cost of construction of any works proposed to be constructed on state reservoir sites or lands is reasonable; and whether or not the lands proposed to be irrigated are desert in character and such as may be properly set apart under the provisions of the said act of congress, and the regulations of the department of the interior thereunder; provided, that immediately upon the filing of any application the board shall give notice by advertisement for thirty days in a newspaper of general circulation in the state, of the nature of the application and a description in general terms of the lands applied for, giving the county where situated and the source of water supply. Written objections to the application may be filed with the board during forty days from the first publication of said notice, and the board shall consider and decide upon the merits and sufficiency of such objections. ['97, pp. 101-2.

2377. Request for withdrawal of lands from entry. Upon the filing of said application with the board, the board shall forthwith file a list of the lands contained in said application in the local land office with a request for the withdrawal of the land described therein from entry. ['97, p. 102.

2378. Disapproval of application. When applications and proposals are not approved by the board, it shall cause the parties making the same to be notified of its action and its reasons therefor. The parties so notified shall have sixty days after such notification in which to submit a satisfactory proposal.

Should such application upon final hearing be not approved by the board, it shall file in the local land office where such lands are subject to entry, a request to dismiss the application required to be made under the provisions of section twenty-three hundred and seventy-seven. ['97, p. 102.

2379. Contract between state and applicant. Price of land and water to be fixed. Bond. 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 applicant, which contract, when works are proposed to be constructed on state reservoir sites, or to use waters controlled by the state, or both, shall contain complete specifications of the location, dimensions, character of material, class of work, and estimated cost of the proposed works, and the maximum price and terms per acre at which such works and perpetual water rights shall be sold to settlers, and the maximum cost per annum for the maintenance tax, and the price and terms upon which the state is to dispose of the land to settlers. When lands are proposed to be reclaimed under systems or extensions of systems already constructed, or partially constructed, or the rights to which, including water rights, have vested in the applicant, the contract shall contain specifications of all extensions of such systems necessary to reclaim the lands applied for, the maximum price and terms per acre at which the perpetual water rights shall be sold to settlers, and the maximum cost per annum for maintenance tax, and the price and terms upon which the state is to dispose of the lands to settlers. price and terms for water rights, maintenance tax, and land shall in all cases be reasonable; and said contracting party or parties shall have the power to fix in the contract with the applicant for the land and permanent water right, the amount or quantity of the annual water supply; and said party or parties or corporations shall have the right to provide reasonable rules and regulations for the use and distribution of the annual supply of water, such rules and regulations to be approved by the board; and said contractor shall enter into satisfactory bond in a penal sum equal to five per cent of the estimated cost of the works, if to be constructed on state reservoir sites, or of the proposed extensions of systems the rights to which have been acquired, for the faithful performance of the provisions of the contract with the state; but in no case shall said bond exceed the sum of fifty thousand dollars. ['97, pp. 102-3.

The

2380. Id. Time for completion limited. Forfeitures. No contract shall be made by the board which gives a longer time than the first of April, nineteen hundred and three, for the construction of the works, or for the extension to the lands to be reclaimed of systems, the rights to which have been acquired ; and all contracts shall state that the works covered by the contract shall begin within six months of the day of contract and that the construction shall be prosecuted diligently and continuously to completion, and that the cessation of work under a contract for a period of six months shall forfeit to the state all rights under said contract, and the penal sum named in the bond; provided, that no property or right which was vested in the applicant or contractor at the date of the contract shall be forfeited; and provided also, that in cases of contractors who, at the date of the application, own or have vested rights in water, and in a reservoir, a reservoir site, canals, or other irrigation works, the forfeiture shall extend only to portions of the system unconstructed at the time of default, and to the penalty of the bond given by such contractor. ['97, pp. 103-4.

2381. Notice of failure to comply with contract. State may complete works. Upon the failure of the contractor to comply with any requirement of his contract, it shall be the duty of the board to notify such contractor of such failure, and that unless the contractor shall comply with such requirements, within sixty days from the date of such notice, the bond and contract, and, except as herein otherwise provided, all work constructed thereunder, shall be at once and thereby forfeited to the state, as provided in section twentythree hundred and eighty. The board shall bring action in the proper court to

cause the said works to be forfeited, and thereafter shall advertise for proposals to complete the said work and may, in proper cases, contract with a bidder who will pay the original contractor the highest sum for the works partially completed, and complete the said works, and supply water rights to the settlers on the lands to be reclaimed, for the price and upon the terms stated in the original contract. If no bid shall be received for the completion of said works, and furnishing water rights to such settlers, for the price and upon the terms stated in the original contract, then the board shall bring the proper action for recovering the amount of the bond of the contractor. ['97, p. 104.

2382. Citizens may enter land. Conditions. Application. Price. Any citizen of the United States, or any person having declared his intention to become a citizen of the United States, over the age of twenty-one years, may make application to the board to enter any of said lands, not exceeding one hundred and sixty acres, under the regulations of the department of the interior, and the rules of the board. Each application must be accompanied by a certified copy of a contract for a perpetual water right made by the applicant with the person or corporation authorized by the board to furnish water for the reclamation of said lands, together with twenty-five cents per acre for the land applied for, and contain the declaration that he will settle upon and improve said land, and if said application is allowed the board shall cause to be issued a certificate of the location to the applicant. If the application is not allowed, the twenty-five cents per acre accompanying it shall be returned to the applicant. If the construction company fails to furnish water to any settler under the provisions of its contract with the state, the state shall refund to such settler all payments that he shall have made to the state. The board shall dispose of all lands accepted by the state under the provisions of this chapter at a price not to exceed one dollar per acre, twenty-five cents per acre to be paid at the time of entry and the remainder at the time of making the final proof by the settler; but no settler shall be entitled to make more than one entry. ['97, pp. 104-5.

2383. Proceeds to constitute a reclamation fund. All moneys received by the board from the sale of lands selected under the provisions of this chapter, 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 in carrying out the provisions of this chapter, and such expenses shall be paid in a warrant drawn by the state auditor in the manner that other expenses of the board are paid, and any balance remaining over and above the expenses necessary to carry out the provisions of this chapter shall constitute a trust fund to be used only for the reclamation of other arid lands. ['97, p. 105.

2384. Completion of reclamation works. Patents. Upon the completion of the said works or any section thereof, the contractor shall notify the board that he is prepared to supply water to the land designated in his application, or any particular tract thereof, whereupon the board shall cause proof of that fact to be made to the department of the interior with a request that a patent to such land be issued to the state, and shall cause a notice to be given to each settler of such fact, and within three years thereafter each settler shall appear before the board and make a final proof of reclamation, settlement, and occupation in accordance with the regulations of the department of the interior and the rules of the board, and shall make final payment for the land entered by him. Upon final payment by any settler, the state shall issue a patent for the tract of land entered, which shall be executed in the same manner that other patents are executed. ['97, p. 105.

2385. Water rights appurtenant to land. Lien thereon for water. Foreclosure. Redemption. The water rights to all lands acquired under the provisions of this chapter, shall attach to and become appurtenant to the land as soon as the title passes from the United States to the state. Any per

son or corporation furnishing water for any tract of land so acquired shall have a

first and prior lien on said water rights and land upon which said water is used, for all deferred payments for said water rights, and said lien to be in all respects prior to any or all other liens created or attempted to be created by the owner and possessor of said land, and shall remain in force and effect until the last deferred payment for the water rights is fully paid and settled according to the terms of the contract under which said water rights were acquired. The contract for the water rights upon which the aforesaid lien is founded shall be recorded in the office of the county recorder of the county where said land is situated. Upon default of any deferred payments secured by any lien under the provisions of this chapter, the person or corporation 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 rights, and such foreclosure shall be in the manner that mortgages are foreclosed in this state; provided, that such settler or settlers shall have the right within one year from the date of foreclosure as provided in this section, to redeem such land and water rights, by payment of the sum of such deferred payment or payments with interest at not to exceed twelve per cent per annum, with accrued cost of maintenance. ['97, pp. 105-6.

2386. Lien on land for cost of reclamation. Under the provisions and subject to the conditions of the act of congress, entitled "An act making appropriations for sundry civil expenses of the government for the fiscal year ending June thirtieth, eighteen hundred and ninety-seven, and for other purposes, approved June eleventh, eighteen hundred and ninety-six, and under a section of the sub-title of said act "surveying the public lands," a lien is hereby created in favor of the contractor 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. ['97, p. 106.

2387. Maps of canals and other irrigation works. The maps in the office of the board shall show the location of the canals or other irrigation works approved in the contract with the board, and all lands entered under the provisions of this chapter shall be subject after entry, 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 contract provided for in this chapter. ['97, pp. 106–7.

2388. Contractors to make annual reports to board. The board shall require annual reports from each contractor giving such details respecting the fulfillment of the contract as the board may require. ['97, p. 107.

2389.

CHAPTER 3.

RESERVOIR LAND GRANT FUND.

Creation of reservoir fund. There is hereby created a fund to be known as the reservoir land grant fund, said fund to consist of all moneys received from the sale of land selected under the grant for this state of five hundred thousand acres of land for the establishment of permanent water reservoirs for irrigating purposes. ['97, p. 229.

Land grant, Enabling Act, ? 12.

2390. Selection of sites for reservoirs for state lands. The state board of land commissioners is hereby authorized and directed to cause to be selected suitable sites for the construction of reservoirs and to procure by selection, grant, or purchase, the title to the land to be covered by water stored in

such reservoirs, and to cause to be constructed suitable reservoirs for the purpose of storing water to be supplied to the state lands, whenever in its judgment the interest of the state would be promoted thereby. ['97, p. 229.

General power of land board, ? 2325.

2391. Id. Plans and specifications. Cost. Whenever a reservoir site has been selected and located, the said board shall cause to be made, by a competent engineer, plans and specifications in detail showing the kind and quantity of materials required and the work necessary to be performed in the construction of such reservoir, together with an estimate of the total cost of the same and of the number of acres that may be irrigated therefrom; all plans and specifications shall be made with a view to constructing a substantial, permanent reservoir. ['97, p. 229.

2392. Id. Advertisement for bids for construction. Conditions. If the board shall determine to construct any such reservoir it shall cause to be published in at least three newspapers having general circulation in the state, a notice calling for bids for each class of material to be furnished and work to be done in the construction of the same. Such notice shall be published for at least thirty days prior to the day fixed for opening such bids, and each bid must be accompanied with a certified check for at least ten per cent of the amount of such bid, conditioned that the bidder will, within thirty days after the acceptance of his bid, enter into a good and sufficient bond for the faithful performance of his contract. ['97, p. 230.

2393. Board may make one or more contracts. Conditions. Bond. At the time fixed for opening such bids the board shall proceed to consider the same, and may award the entire contract to one bidder, or may let any class of material or work as the board may deem best. The successful bidder

must enter into a contract to complete the reservoir in accordance with the plans and specifications, and must enter into a bond with two or more good and sufficient sureties for the faithful performance of the contract. The contract must require that all material and work will be subject to the approval of the engineer or the assistants selected by the board. ['97, p. 230.

2394. Board authorized to make all contracts. The said board is fully authorized to make all necessary contracts for the construction of any and all reservoirs undertaken under the provisions of this chapter.

2395. Engineer to supervise construction. During the construction of any reservoir the said board shall cause the same to be supervised by a competent engineer with such assistants as it may deem necessary. ['97, p. 230.

2396. Manner of obtaining money to pay contractor. As the work progresses and at such times as is provided in the contract for making payments, the board must make a requisition upon the state auditor for such sums of money as may be necessary to make such payments upon the contract, and the state auditor must thereupon draw his warrant upon the state treasurer for the amount specified in such requisition, the same to be paid out of any moneys in the reservoir land grant fund. ['97, p. 230.

2397. Appropriation. For the purpose of carrying out the provisions of this chapter the sum of five hundred thousand dollars is hereby appropriated out of the reservoir land grant fund, but no money shall be appropriated or paid out of any other fund for the construction of reservoirs within the state. ['97. pp. 230-1.

2398. Unpaid warrants to draw six per cent interest. Redemption of warrants. If any warrant drawn on the said fund is not paid by the state treasurer upon presentation, he shall register the same and indorse thereon, not paid for want of funds" giving the date thereof, and thereafter the said warrant shall draw interest at the rate of six per cent per annum from the date of such presentation until finally paid, and whenever the treasurer has the sum of