OCR Text |
Show 219 public lands which it is proposed to irrigate by means of any contemplated works shall be subject to entry only under the provisions of the homestead laws in tracts of not less than forty nor more than one hundred and sixty acres * * *. But benefits under the Act were not confined to public lands, and a corollary provision with respect to private lands is pre- scribed by Section 5 which requires that:405 No right to the use of water for land in private owner- ship shall be 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. It will be noted that the provisions of Sections 3 and 5 both establish a maximum limitation of 160 acres, and Section 3 a minimum of 40 acres. The legislation was accordingly con- strued as permitting the Secretary to establish units of different sizes even on the same project.406 As already noted, a practice soon developed whereby water- users' associations composed of project landowners aided the Government in applying certain provisions of Reclamation 405 § 5, 32 Stat. 389, 43 U. S. 0. 431. During debate in the House on the proposal, it was pointed out that "Under nearly every project undertaken by the Government there will undoubtedly be some lands in private owner- ship ; and it would be manifestly unjust and inequitable not to provide water for these lands, providing their owners are willing to comply with the con- ditions of the act; and in order that no such lands may be held in large quantities or by nonresident owners it is provided that no water right for more than 160 acres shall be sold to any land owner, who must also be a resident or occupant of his land. This provision was drawn with a view of breaking up any large land holdings which might exist in the vicinity of the Government works and to insure occupancy by the owner of the land reclaimed." 35 Cong. Rec. 6678 (1902). 406 "The only limitation upon the power of the Secretary is that the lands must be entered, under the provisions of the homestead law, in tracts of not less than 40 nor more than 160 acres." Instructions of the Secretary of the Interior, 32 L. D. 237, 239 (1903). |