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FORM 8.

(Under act of February 15, 1901.) I,

do hereby certify that I am the president of the ... company; that the survey of the structures represented on the accompanying drawing was made under authority and by direction of the company, and under the supervision of ...., its chief engineer (or the person employed in the premises), whose affidavit precedes this certificate; that the survey as represented on the accompanying drawing actually represents the structures required in the . quarter of the

quarter of section .. of township ...., of range

principal meridian, for electrical purposes, under the act of Congress, approved February 15, 1901; and that the company, by resolution of its board of directors, passed on the .... day of ......, 19.., directed the proper officers to present the said drawing for the approval of the Secretary of the Interior, in order that the company may obtain the use of the grounds required for said structures, under the provisions of said act approved February 15, 1901 (31 Stat., 790).

President of the

Company.

[Seal of the company.] Attest:

Secretary.

FORM 9.

.

19..

Reservoir declaratory statement.

[Under act of Jan. 13, 1897 (29 Stat., 484).] Res. D. S.L

LAND OFFICE AT
D. S.}
No.
I,

of .., do hereby certify that I am president of the com pany, and on behalf of said company, and under its authority, do hereby apply for the reservation of land in ... County, State of ......, for the construction and use of a reservoir for furnishing water for live stock under the provisions of the act of January 13, 1897 (29 Stat., 484). The location of said reservoir and of the land necessary for its use, is as follows: of section .... in township ...., of range M., containing acres.

I hereby certify that to the best of my knowledge and belief the said land is not occupied or otherwise claimed, is not mineral or otherwise reserved, and that the said reservoir is to be used in connection with the business of the applicant of

The land owned or claimed by the applicant within the vicinity of the said reservoir (within three miles) is as follows:

I further certify that no part of the land to be reserved under this application is or will be fenced; that the same shall be kept open to the free use of any person desiring to water animals of any kind; that the land will not be used for any purpose except the watering of stock, and that the land is not, by reason of its proximity to other lands reserved for reservoirs, excluded from reservation by the regulations and rulings of the land department.

The water of said reservoir will cover an area of ...... acres, in ...... of section in township ...., of range of said lands; the capacity of the reservoir will be . gallons, and the dam will be feet high. The source of the water for said reservoir is.

and there are no streams or springs within two miles of the land to be reserved except as follows:

acres.
acres.
acres.

acres. .. acres.

The applicant has filed no other declaratory statements under this act, except as follows: No.

land office, area to be reserved No.

land office, area to be reserved No.

land office, area to be reserved No. land office, area to be reserved

.... acres. No.

land office, area to be reserved No.

land office, area to be reserved No.

land office, area to be reserved acres. No.

land office, area to be reserved No.

land office, area to be reserved No.

land office, area to be reserved Total, acres, of which Nos.

are located in said county. And I further certify that it is the bona fide purpose and intention of this applicant to construct and complete said reservoir and maintain the same in accordance with the provisions of said act of Congress and such regulations as are or may be prescribed thereunder.

[Seal of company.] Attest:

Secretary.

acres. ... acres.

acres.

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......?

State OF

County of ...

being duly sworn, deposes and says that the statements herein made are true to the best of his knowledge and belief.

Sworn to and subscribed before me this .... day of in the year 19.. [SEAL.]

Notary Public. Note.-When the applicant is a corporation the form should be executed by its president, under its seal, and attested by its secretary. When the applicant is not a corporation or an association of individuals, strike out the words in italics.

LAND OFFICE AT

19.. I,

register of the land office, do hereby certify that the foregoing application is for the reservation of lands subject thereto under the provisions of the act of January 13, 1897; that there is no prior valid adverse right to the same; and that the land is not, by reason of its proximity to other lands reserved for reservoirs, excluded from reservation by the regulations and rulings of the land department. Fees, $.... paid.

Register. The description of the business of the applicant should include "a full and minute statement of the extent to which he is engaged in breeding, grazing, driving, or transporting live stock, giving the number and kinds of such stock, the place where they are being bred or grazed, and whether wilhin an inclosure or upon uninclosed lands, and also from where and to where they are being driven or transported.” Circular June 23, 1899.

88:

FORM 10. STATE OF County of ...

being duly sworn, says that he is the person who was employed to make the survey of a reservoir covering an area of ..

.... acres, the initial point of the survey being

(here describe as required by paragraph 23); said reservoir having been constructed upon the .... quarter of the quarter of section .., townshp ...., range

principal meridian, as proposed by reservoir declaratory statement, No. which was filed in the local land office at

under the provisions of the act of January 13, 1897 (29 Stat., 481); that the said survey was made on the .... day of 19..; that the dam and all necessary works have been constructed in a substantial manner; that the reservoir has a capacity of gallons, and at the time of said survey contained ...... gallons of water. Sworn and subscribed to before me this .... day of

19.. (SEAL.)

Notary Public. S. Doc. 396, 59-2, pt 356

FORM 11.

I,
do certify that I am the president of the ....

company which filed (or that I am the person who filed) reservoir declaratory statement, No. in the local land office at ...; that the reservoir proposed has been constructed upon the quarter of the

quarter of section ...., township range principal meridian, covering an area of acres, the initial point of the survey being (describe as in Form 10); that the dam and all necessary works have been constructed in a substantial manner, in good faith, in order that the reservoir may be used and maintained for the purposes and in the manner prescribed by the said act of January 13, 1897 (29 Stat., 484), the provisions of which have been and will be complied with in all respects. [Seal of company.)

President of the Company. Attest:

..., Secretary.

88:

FORM 12.
STATE OF
County of

being duly sworn, deposes and says that he is the president of the company which filed (or that he is the person who filed) reservoir declaratory statement, No. in the local land office at ...; that the reservoir constructed in pursuance thereof, as heretofore certified, has been kept in repair; that water has been kept therein to the extent of not less than gallons during the entire calendar year of 19..; that neither the reservoir nor any part of the land reserved for use in connection therewith is or has been fenced during said years, and that the said company has in all things complied with the provisions of the act of January 13, 1897 (29 Stat., 484).

President of Company.

. Sworn and subscribed to before me this .... day of .... 19.. (SEAL.]

Notary Public.

REGULATIONS GOVERNING THE SELECTION OF INDEMNITY

SCHOOL LANDS.

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE,

Washington, D. C., January 10, 1906. The following rules and regulations governing the selection of indemnity school lands are prescribed for the purpose of preserving an uniform method in all States and Territories having a grant of lands for common schools prior to the passage of the act of February 28, 1891 (26 Stat. L., 796), including the State of Utah, to which the indemnity provision of said act were made applicable by the act of May 3, 1902 (32 Stat. L., p. 188).

The act of February 28, 1891, amending sections 2275 and 2276, Revised Statutes, is general and provides that:

Sec. 2275. Where settlements with a view to preemption or homestead have been, or shall hereafter be made, before the survey of the lands in the field, which are found to have been made on sections sixteen or thirty-six, those sections shall be subject to the claims of such settlers; and if such sections, or either of them, have been or shall be granted, reserved, or pledged for the use of schools or colleges in the State or Territory in which they lie, other lands of equal acreage are hereby appropriated and granted, and may be selected by said State or Territory, in lieu of such as may be thus taken by preemption or homestead settlers. And other lands of equal acreage are also hereby appropriated and granted, and may be selected by said State or Territory where sections sixteen or thirty-six are mineral land, or are included within any Indian, military, or other reservation, or are otherwise disposed of by the United States: Provided, Where any State is entitled to said sections sixteen and thirty-six, or where said sections are reserved to any Territory, not withistanding the same may be mineral land or embraced within a military, Indian, or other reservation, the selection of such lands in lieu thereof by said State or Territory shall be a waiver of its right to said sections. And other lands of equal acreage are also hereby appropriated and granted, and may be selected by said State or Territory to compensate deficiencies for school purposes, where sections sixteen or thirty-six are fractional in quantity, or where one or both are wanting by reason of the township being fractional, or from any natural cause whatever. And it shall be the duty of the Secretary of the Interior, without awaiting the extension of the public surveys, to ascertain and determine, by protraction or otherwise, the number of townships that will be included within such Indian, military, or other reservations, and thereupon the State or Territory shall be entitled to select indemnity lands to the extent of two sections for each of said townships, in lieu of sections sixteen and thirty-six therein; but such selections may not be made within the boundaries of said reservations: Provided, however, That nothing herein contained shall prevent any State or Territory from awaiting the extinguishment of any such military, Indian, or other reservation and the restoration of the lands therein embraced to the public domain and then taking the sections sixteen and thirty-six in place therein; but nothing in this proviso shall be construed as confe ring any right not no existing

SEC. 2276. That the lands appropriated by the preceding section shall be selected from any unappropriated, surveyed public lands, not mineral in character, within the State or Territory where such losses or deficiencies of school sections occur; and where the selections are to compensate for deficiencies of school lands in fractional townships, such selections shall be made in accordance with the following principles of adjustment, to wit: For each township, or fractional township, containing a greater quantity of land than three-quarters of an entire township, one section; for a fractional township, containing a greater quantity of land than one-half, and not more than three-quarters of a township, three-quarters of a section; for a fractional township, containing a greater quantity of land than one-quarter, and not more than one-half of a township, one-half section; and for a fractional township containing a greater quantity of land than one entire section, and not more than one-quarter of a township, one-quarter section of land: Provided, That the States or Territories which are, or shall be entitled to both the sixteenth and thirty-sixth sections in place, shall have the right to select double the amounts named, to compensate for deficiencies of school lands in fractional townships.

1. The selections in any one list must not in the aggregate exceed 160 acres.

2. All lists of selections must be prepared so that each selection will correspond, approximately, in area with the base lands, or lands in lieu of which the selection is made. It is preferred that a separate base be assigned to each legal subdivision selected, but in no instance can any selection exceed 160 acres, nor can it consist of noncontiguous tracts.

3. Where the selection is based upon lands that have been disposed of by or under authority of any act of Congress, the base tract or tracts must be described by legal subdivisions, each in its en ety, except as provided in paragraph 5 hereof.

4. The cause of the loss must in each case be specifically stated. If caused by an entry based upon a settlement claim initiated prior to survey, the number of the entry must be given. If occasioned by a reservation of the land, entitling the States to indemnity, the date, name, and purpose of the reservation must be stated. If the loss occurs by reason of the fractional character of the township, or the supposed mineral character of the land, it must be set forth.

5. Where the selection is for a loss occasioned by the fractional condition of the township from natural or other causes, or for lands included within a perfected claim, the survey of which is not in accordance with the rectangular system, any portion of the loss, not less than 1 acre, may be assigned as a basis, and any remaining portion, not less than 1 acre, may be used in future selections.

6. Where lands are reserved for school purposes and are after survey included in any Indian, military, or other reservation, or have been reserved for school purposes, “whether surveyed or unsurveyed," and are assigned as the b: sis for selection, the list must in every case be accompanied by a certificate of the officer, or officers, charged with the care and disposal of such school lands, that the State has not previously sold or disposed of, nor contracted to sell or dispose of, any of said lands used as bases, nor any part thereof; that the said lands and every part thereof are free of all liens for taxes, costs, interest, and judgments, or any incumbrance of any nature whatsoever, and that the said lands are not in the possession or subject to the claim of any third party, under any law or permission of the State or Territory: and within three months after the filing of any such list of selectioi s the State or Territory must in addition file a certificate from the recorder of deeds, or official custodian of the records of transfers of real estate in the proper county, that no instruments, purporting to convey or in any way incumber the title to any of said lands, are of record, or on file in his office, and the failure to file such certificate within the required time may, upon the report of the local officers, result in the cancellation of the selection without previous notice from this office.

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