impossible for such collusion to extend for long a period of time. It is proper to assume that if lands are colonized by actual residents for periods of five or more years, these colonists will become well settled by the expiration of that time.

Failure to observe the provisions of the law and to make annual payments subjects an entry to cancellation and forfeits all rights and moneys paid. The demand for irrigable lands is such that it is probable each entryman will be carefully watched by a number of other persons, who will seek any opportunity to contest his entry if he is not an actual bona fide resident and does not comply with all of the provisions of the law.

OWNERSHIP AND MAINTENANCE OF WORKS.

Section 6 authorizes the Secretary of the Interior to operate and maintain all reservoirs and irrigation works until payments are made for the major portion of the lands irrigated, when the management and operation of the works shall pass to the owners of the lands irrigated and the works be maintained at their expense. This permits the Secretary of the Interior not only to construct but to operate the works for a period sufficiently long to get everything in good working order. The management then can pass gradually into the hands of an association of the water users.

It is essential to consider in advance of actual construction the form and character of the organization which will ultimately own and operate the works, as there are many matters of business between the Secretary and such an association which can be easily settled in advance, but which can not be so well handled after the works are under way. When any project is in contemplation the persons owning lands which may be irrigated, and others who are desirous of securing land, are in the state of mind where they will accept eagerly almost any provision and will meet without hesitation the requirements of the Secretary. Later, when the works have been built and it is evident that the Secretary is committed to a certain course, it may not be so easy to deal with the individuals and to secure the adoption of rules and methods tending to make secure the investment by the Government.

The first association formed to carry out the purpose of the law is that known as the Salt River Valley Water Users' Association. The articles of incorporation of this association have been carefully prepared after long discussion and consultation with legal advisers, engineers, and landowners. The attempt has been made to have these articles serve as a model for other associations to be formed at a later time. The articles have been presented to the Secretary and have been approved as to general form, subject to any modifications which may be found important as progress is made. They are given on page 76.

In forming such associations many points must be considered. One of these is that the association of water users shall be organized simply and solely for the purpose of carrying out the provisions of the law, and not for any other business or speculative purpose; otherwise it may be practicable to evade the provisions of the law or defeat the objects. The associations should be constituted solely for the purpose of acquiring, maintaining, and operating the irrigation works at their own expense, under such form of organization and rules and regulations as may be acceptable to the Secretary of the Interior. Some of the proposed associations desire to add to these duties the ownership and control of nonirrigable lands and water powers, and propose to go into other business of interest to the community. Such action may

be advisable in the future, but while the irrigation works are being constructed and paid for, it is important to concentrate all efforts upon the one matter in hand.

The necessity for the formation of these associations is shown by the fact that each person owning or claiming lands which may be irrigated has usually his own ideas or preferences regarding various details, and appeals to the Secretary of the Interior or advises him regarding various matters. The correspondence from all of these persons is so voluminous that it is impossible for one man to read it, and it gives no evidence whatever of a consensus of public opinion. It is of the highest importance that details be fully discussed in open public meeting by the various water users, and that the ideas upon which they agree be presented to the Department through a single channel. This is particularly the case in respect to details concerning water distribution. Here absolute justice can never be reached, and the division of water to claimants is always accompanied by interminable discussion and some dissatisfaction. Matters of this kind should be left to the officers of the association, to be adjusted under general rules, and the Department thus be relieved of a burden of petty and harassing detail.

The ownership and the management and operation of the reservoirs and the works necessary for their protection and operation remain in the Government until otherwise provided by Congress. A great variety of reservoirs will probably be built under the reclamation law. Some of these will be on the principal rivers of the arid region and their operation will affect the interests of several communities. Other reservoirs will undoubtedly be built out on the plains and be connected with the distribution system.

CONDEMNATION PROCEEDINGS.

Section 7 authorizes the Secretary of the Interior to acquire any rights or property needed in carrying out the provisions of the law. This can be done by purchase or by condemnation under judicial processes.

As far as practicable it is deemed wise to make all purchases after negotiation with the owners, and not to resort to condemnation proceedings if this can be avoided. It is believed that operations can be expedited by observance of the ordinary rules of business in conducting negotiations for the purchase of property, and that recourse to the law should not be taken unless the prices asked are exorbitant. Up to the present time no condemnation suits have been brought, as it has been found possible to purchase at a reasonable price the property needed. The authority to condemn is, however, an important and necessary provision for use in overcoming obstruction detrimental to the public good.

STATE LAWS.

Section 8 bears upon the relation with State laws, prevents interference with vested rights acquired thereunder, and directs the Secretary of the Interior, in carrying out the provisions of the reclamation act, to proceed in conformity with such laws. It, however, makes a very important declaration that the right to the use of water acquired under the provisions of this act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right. As the laws of many of the States and Territories relating to water are in a more or less chaotic condition, the declaration as to appurtenance to the land irrigated, and beneficial use, helps to solve some of the problems which otherwise would be extremely serious.

In order to carry out the provisions of this section, careful study must be made of the effect of State laws upon each project under consideration in that particular State. It appears probable that in some of the States radical changes in the laws must be made before important projects can be undertaken. In one of the States-Nevada-the legislature has recognized the importance of action and has passed laws intended to supplement the reclamation law and to assist in carrying out its purpose.

DISTRIBUTION OF EXPENDITURE.

Section 9 designates how the funds arising from the proceeds of the disposal of public lands in each State and Territory may be expended, and, while it leaves much to the discretion of the Secretary of the Interior, gives a general rule to be followed. It virtually divides the fund from each State and Territory into two portions, known as the major and minor parts. For convenience in discussing the matter, the major portion has been assumed to be 51 per cent of the funds. The expenditure of this major portion is limited to the State or Territory within which the money originates, subject, however, to the existence of feasible irrigation projects. The minor portion, or, as it has been assumed, 49 per cent of the fund, is unrestricted and can be expended in any one of the 13 States and 3 Territories.

H. Doc. 44, 58-2—3

The following table shows the condition of the restricted and unrestricted portions for the various political divisions on the assumed basis of 51 and 49 per cent.

Reclamation fund for years 1901-1903, inclusive.

The unrestricted funds are to be restored as soon as practicable, to the end that ultimately, and in any event within each 10-year period after the passage of the act, the expenditures for the benefit of the various States and Territories shall be equalized according to the amount of funds obtained. This equalization is, however, subject to conditions of practicability and feasibility of the irrigation projects. The unfortunate condition exists that the States and Territories having the largest fund at present are those in which irrigation is of least importance and value. There the chief interest is not so much in reclamation as it is in having the funds spent in the State to promote general prosperity and improve business conditions. On the other hand, the States and Territories having the smallest fund have greatest need and possibilities of development and widest opportunities of making prosperous, self-supporting homes. Every effort should undoubtedly be made toward a just apportionment, and at the same time regard should be paid to the feasibility of the various projects suggested. It is believed that feasible projects can be found in every State and Territory, but the relative values of these differ widely.

RULES AND REGULATIONS.

The last section (sec. 10) of the law authorizes the Secretary of the Interior to perform any and all acts and to make such rules and regulations as may be necessary for the purpose of carrying the provisions of the law into full force and effect. Comparatively few rules have been made, as it has been considered wise to let these follow the practical working out of the law, and not attempt to anticipate contingencies which might arise. The law leaves to executive discretion such a wide range of matters that the regulations which ultimately must be enforced can be established by precedent based on actual conditions.

DECISIONS OF THE SECRETARY OF THE INTERIOR.

The following is a statement of decisions of general interest relating to the Reclamation Service, made by the Secretary of the Interior.

WITHDRAWALS.

By decision of February 11, 1903 (32 L. D., 6), interpreting section 3 of the act, it was held that two different forms of withdrawal are authorized. The first form provides for withdrawal from public entry of the lands required for irrigation works, under which no entries of any kind can be allowed. The second form of withdrawal leaves the land open to homestead entry under the provisions, limitations, charges, terms, and conditions of the act, and is intended to apply to lands irrigable from the works constructed.

ENTRIES.

In considering a recommendation of the Director of the Geological Survey in regard to the limitation of the areas of homestead entries within withdrawals under the second form provided in section 3, the Secretary of the Interior, on November 17, 1902, decided that he was not authorized to specify any limitation in the area of homestead entries under the reclamation act in advance of a definite determination to enter upon the necessary construction for the project in question, and the issuance of the public notice provided for in section 4. This matter was further considered and a similar decision reached by the Secretary on February 11, 1903 (32 L. D., 6).

By decision of the Secretary of the Interior, under date of August 21 (32 L. D., 237), the Reclamation Service is authorized to classify and combine the different subdivisions within lands withdrawn for irrigation under the reclamation act, so as to make practically homestead segregations of the entire territory under any one project, specifying the particular legal subdivisions that shall constitute each entry as to all public land included in the withdrawal. Such segregations of homestead entries must be by legal subdivisions (40-acre tracts or