No special form of application for extension of time to make payment will be required; the payment by the entryman of interest for one year in advance, on any amount about to become due, at the rate of five per centum per annum, will be sufficient, and the receiver will note, upon receipts and abstracts of collections, the nature and purpose of the payment. DEPARTMENT OF THE INTERIOR, Pursuant to the provisions of section 4 of the Reclamation Act of June 17, 1902 (32 Stat., 388), notice is hereby given as follows: 1. Water will be ready for delivery from the third unit of the Belle Fourche Project, South Dakota, under the provisions of the Reclamation Act, in the irrigation season of 1912, for the irrigable areas shown on farm unit plats of— approved by the Secretary of the Interior on March 27, 1912, and on file in the local land office at Belle Fourche, South Dakota. 2. Homestead entries accompanied by applications for water rights, and, as hereinafter provided, by the appropriate installment or installments of the charges for building, operation and maintenance may be made on and after May 25, 1912, beginning at 9 o'clock A. M., under the provisions of said act, for the farm units shown on said plats. Water-right applications may be made after the date hereof for lands heretofore entered and for lands in private ownership, and the time when payments will be due therefor is hereinafter stated. 3. Warning is hereby expressly given that no person will be permitted to gain or exercise any right whatever under any settlement or occupation begun prior to June 20, 1912, on any lands shown on said plats; provided, however, that this shall not interfere with any valid existing rights obtained by settlement or entry while the land was subject thereto. 4. The limit of area per entry representing the acreage which, in the opinion of the Secretary of the Interior, may be reasonably required for the support of a family on the lands entered subject to the provisions of the Reclamation Act, is fixed at the amounts shown on the plats for the several farm units. The maximum limit of area for which water-right application may be made for lands in private ownership shall be 160 acres of irrigable land for each land owner. 5. The lands included in this unit, and shown on the above-named farm unit plats shall be divided into four classes: A, B, C and D, and shall be subject to the charges and terms of payment as hereinafter prescribed. 6. Class A includes all public lands in this unit entered on or before January 24, 1911, and all such lands in private ownership, held under trust deed or signed under contract with the Belle Fourche Valley Water Users Association on or before said date. Lands in Class A shall be subject to a building charge of $30 per acre of irrigable land, graduated as follows: First installment, $1 per acre; second installment, $2 per acre; third to eighth installments, inclusive, $3 per acre; ninth installment, $1 per acre; and tenth installment, $5 per acre. The first installment shall become due on December 1, 1912, and subsequent installments on December first of each year thereafter. In case of failure to file water-right application within two years from the date of this notice, or to pay the annual installments required by this public notice and orders applicable thereto, the land shall be subject to the building charge and conditions of payments hereinafter imposed upon lands in Class C. 7. Lands in Class A may, upon application, be transferred to Class B hereinafter described, and become subject to all charges, terms, limitations and conditions applicable thereto. Such applications, if approved by the project engineer, shall be filed in the local land office. 8. Class B includes all lands which would be included in Class A, exept for the fact that the entryman or owner of the land desires to take advantage of the graduated scale of payments, as hereinafter provided. Lands in Class B shall be subject to a building charge of $35 per acre of irrigable land, graduated as follows: First to third installments, inclusive, $1 per acre; fourth and fifth installments, $2 per acre; sixth installment, $3 per acre; seventh installment, $4 per acre; eighth installment, $5 per acre; ninth installment, $6 per acre; and tenth installment, $10 per acre. For Class B lands the first installment shall be due on December 1, 1912, and subsequent installments on December first of each year thereafter. 9. Class C includes all public lands in this unit vacant on and after January 24, 1911, and all lands in private ownership which on the said date were not held under trust deed, or were not signed under contract with the Belle Fourche Valley Water Users Association. Lands in Class C shall, until further notice, be subject to a building charge of $40 per acre of irrigable land, payable in graduated installments as follows: First and second installments, $2 each per acre; third and fourth installments, $3 each per acre; fifth and sixth installments, $1 each per acre; seventh and eighth installments, $5 each per acre; ninth and tenth installments, $6 each per acre. For public lands in this class entered on or after January 24, 1911, and also for private lands in this class, the first two installments shall be paid at the time of entry and filing of water-right application; the third installment shall be due December 1 of the following year, and subsequent installments shall be due on December first of each year thereafter. 10. Class D includes all lands in this unit now or hereafter owned by the State of South Dakota, and they shall be subject to the charges, limitations, terms and conditions as for lands of Class A, if water-right application be made within two years of the date thereof. All lands in Class D for which water-right application shall not have been made within the said period of two years, shall become subject to the charges, conditions and limitations imposed upon lands in Class C. 11. The charges which shall be made per acre of irrigable land in the said entries and for lands heretofore entered or in private ownership which can be irrigated by the waters from the said irrigation project are in two parts as follows: (a) For the building of the irrigation system, the amounts stated as applicable to the various classes of lands described, payable in not more than ten annual installments. Full payment may be made at any time of any balance of the building charge remaining due subject to the regulations of the General Land Office. (b) For operation and maintenance for the irrigation season of 1912 and annually thereafter, until further notice, shall be 60 cents per acre of irrigable land, whether water is used thereon or not. For all lands in Classes A and B the portions of the installments for operation and maintenance shall be due December 1, 1912, and annually on December first of each year thereafter, whether or not water-right application is made or water is used thereon. For lands of Class C the portion of the first installment for operation and maintenance shall be paid at the time of entry or filing of waterright application; the portion of the second installment shall become due on December first of the following year, and subsequent portions on December first of each year thereafter. 12. The regulation is hereby established that no water will be furnished in any year until the portion of the installment for operation and maintenance for that irrigation season and for prior seasons shall have been paid. Accordingly, no water will be furnished for the irrigation season of 1912 for any lands unless the portion for operation and maintenance of the installment due December 1, 1912, or at the time of entry and filing of water-right application has been paid; and in like manner for subsequent years, no water will be furnished to lands until payment of said portion of the installment is made for the current and prior years. As soon as the data are available the portion of the installment for operation and maintenance will be fixed in proportion to the amount of water used, with a minimum charge per acre of irrigable land, whether water is used thereon or not. 13. A number of farm units and tracts of private lands are so situated as to be irrigable partly under the second unit, opened to irrigation by public notice of February 10, and partly under the third unit, and water-right applications have heretofore been filed for the areas under the second unit. In such cases both areas are shown distinctively on the plats and the added areas, irrigable in 1912, will be subject to all the terms and conditions of this notice, water-right applications being filed therefor as for other irrigable lands in the third unit. 14. Failure to make any two payments when due, whether on entries made subject to the Reclamation Act, or on water-right applications for lands in private ownership, shall render the water-right applications in either case, and, if the lands are public lands, the entries also, subject to cancellation, with the forfeiture of all rights thereto under the Reclamation Act, as well as of any moneys paid. 15. An entryman against whose entry there is no pending charge of non-compliance with the law or regulations, or whose entry is not subject to cancellation under the Reclamation Act, may relinquish his entry to the United States and assign in writing to a subsequent entryman any credits he may have for payments made on his waterright application; and such assignee shall have the right to continue. payment at the same building charge. A private land owner against whose water-right application there is no pending charge of noncompliance with the law or regulations, or whose water-right appli cation is not subject to cancellation, may in like manner make written assignment of credits for payments made, and his assignee shall have the right to continue payment at the same building charge. No benefit of a smaller charge than that fixed by the public notice in force at the time of filing water-right application shall accrue for any land, except where the entryman or private owner holds written assignment made under the conditions herein stated. 16. All charges must be paid at the local land office at Belle Fourche, South Dakota. SAMUEL ADAMS, First Assistant Secretary of the Interior. RECLAMATION-BELLE FOURCHE PROJECT. ORDER. DEPARTMENT OF THE INTERIOR, Washington, May 2, 1912. By virtue of the authority contained in the act of Congress approved June 17, 1902 (32 Stat., 388), it is hereby ordered that any settler under the Belle Fourche project, South Dakota, who is in financial need, including owners or occupants of lands heretofore entered or in private ownership within the third unit, but excluding lands hereafter entered, may receive water for irrigation in the season of 1912 without prior payment of the portion of the instalment for operation and maintenance, amounting to 60 cents per acre of irrigable land, subject, however, to the following conditions, viz: 1. Application for such extension of time of payment must be made to the project engineer through the Belle Fourche Valley Water Users Association not later than June 1, 1912. Such application shall be referred to the project engineer with report and recommendation by the Board of Directors of the Association; and such application shall be allowed by the project engineer only in case he is satisfied that the applicant is in financial need. 2. Payment must be made not later than December 1, 1912, and the amount to be paid shall be 65 cents per acre of irrigable land, instead of 60 cents as provided for by public notices. SAMUEL ADAMS. First Assistant Secretary of the Interior. |