this title. For Flathead irrigation project, Montana, see § 2211.8 of this title. For general orders of withdrawal, effect of, see § 2311.0-3(d) of this title. For State irrigation districts, see Part 2253 of this title. For agricultural conservation, see Agriculture, 7 CFR Chapter VII. For construction costs of Indian irrigation projects, see Indians, 25 CFR Parts 211 to 216. For electrification of Indian irrigation projects, see Indians, 25 CFR Parts 231 to 233. For inclusion of liens in all patents and instruments executed in Indian irrigation projects, see Indians, 25 CFR Part 129. For operation and maintenance of Indian irrigation projects, see Indians, 25 CFR Parts 191 to 201, 203, 221. For Sale of irrigable Indian lands, see Indians, 25 CFR Part 128.

FINAL PROOF, CERTIFICATES, AND PATENTS § 230.54 Final water-right certificate.

The execution of final water-right certificate has the effect of vesting in the water-right applicant absolute title to the water right involved, subject in case of partial payment to a lien for the payment of all sums still due, and in all cases to payment of the annual charges for operation and maintenance.

§ 230.55 Notation on final water-right

certificate.

The certificate should not be executed until the following notation (record completed -) has been initialed by a responsible employee who shall have ascertained from a careful examination of the project records that full compliance has been made with the requirements of the law such as to entitle the applicant to the issuance of such certificate. § 230.56

Recordation of certificate on Bureau of Reclamation records. Upon the execution of the certificate, and before delivery to the water-right applicant, it should be recorded in the bound volume which has been provided for that purpose, care being exercised to make the record an exact copy of the original certificate. The person preparing the certificate and recording the same should initial the certificate and record, and will be held responsible for absolute accuracy in this respect; and to insure this the original should be checked with the record thereof in the bound volume. The original must not be delivered until the signature has been copied on the record.

§ 230.57 Card index kept by Bureau of Reclamation.

It will be necessary to keep a complete index of final water-right certificates issued. A double card index should be made for this purpose, one under the names of the parties and the other by land descriptions.

§ 230.58 Notation on water-right appli

cation.

When final water-right certificate has been issued and recorded the fact should be noted on the back of the water-right application forming the basis thereof, citing the volume and page where recorded.

§ 230.59 When final water-right certificates are not required.

Final water-right certificates are not required for and will not be issued for (a) lands entered under the Reclamation Act; (b) desertland entries for which water-right application has been made; (c) entries of ceded Indian lands, whether patents for such lands are issued under act of August 9, 1912, or otherwise, but patent in each of such cases carries with it the water right to which the lands patented are entitled. In all other cases, that is, in cases of lands in private ownership, and in cases of homesteads where entry was made prior to the reclamation withdrawal, final water-right certificate will issue as provided in this part. § 230.60 Final water-right certificates for lands in private ownership and homestead entries made prior to withdrawal.

law.

In case of lands in private ownership and homestead entries made prior to reclamation withdrawal, reclamation is required to be shown before any final water-right certificate is issued upon a water-right application made for such lands under the reclamation Further, before issuance of such a certificate under the act of August 9, 1912 (37 Stat. 265; 43 U. S. C. 541–546), on account of any lands so held, evidence must be filed satisfactorily showing that the applicant for water right has an unencumbered title to the land, or, where encumbered, the consent of the encumbrancers must be furnished in such form that the lien to be given the Government to secure the deferred payments on account of the water right shall, as contemplated by the law, constitute a prior

lien upon the land. Upon the filing of such proofs with the official in charge of the project and the payment of all reclamation charges then due, he will issue a water-right certificate to the applicant which shall expressly reserve to the United States a prior lien on the land upon which a water right is certified, together with all water rights appurtenant or belonging thereto, superior to all other liens, claims, or demands whatsoever to secure the payment of all sums due or to become due, to the United States or its successors. The project official in charge will forward all papers, including a copy of the certificate, to the Commissioner of the Bureau of Reclamation.

§ 230.61 When lien in water-right_certificate or patent will be released.

The Commissioner or the General Supervisor of Operations and Maintenance of the Bureau of Reclamation will, upon the full payment of all construction or building and betterment charges by any water user, issue certificate of the full payment of such charges releasing the lien therefor reserved in the final water right certificate or patent under the act of August 9, 1912 (37 Stat. 265; 43 U. S. C. 541-546).

§ 230.62

WATER RIGHTS

Duties of project officers.

In pursuance of the authority contained in the act of August 9, 1912 (37 Stat. 265; 43 U.S.C. 541-546), an agent cashier of the Bureau of Reclamation has been designated to receive payment of the construction or building and betterment charges and the charges for operation and maintenance payable on account of the lands within each project. All administrative matters regarding the filing of original water-right applications and all actions regarding waterright applications heretofore filed shall be carried on by the officer of the Bureau of Reclamation in charge of the project. Appeals from his action may be taken in accordance with §§ 230.115 to 230.120. § 230.64 Control of operation of sublaterals.

The control of operation of all sublaterals constructed or acquired in connection with projects under the reclamation law is retained by the Secretary of the Interior to such extent as may be necessary or reasonable to assure to the water users served therefrom the full

use of the water to which they are entitled. (See 37 L. D. 468.)

WATER RIGHTS FOR LANDS IN PRIVATE OWNERSHIP

§ 230.65 Conditions under which water will be furnished; area that may be held.

Lands which have been patented or which were entered before the reclamation withdrawal may obtain the benefit of the reclamation law. However, the landowner must be an actual bona fide resident on the land or occupant thereof residing in the neighborhood at the time of making water-right application. The Secretary of the Interior has fixed a limit of residence in the neighborhood at a maximum of 50 miles. This limit of distance may be varied, depending on local conditions. After water-right application has been made and accepted (which constitutes a water-right contract), the applicant is not required to continue his residence on the land or in the neighborhood. A landowner may, however, hold rights to the use of water for more than one tract of patented land in the prescribed neighborhood at one time: Provided, That the aggregate area of such tracts upon which the construction charge has not been fully paid does not exceed the maximum limit established by the Secretary of the Interior nor the limit of 160 acres fixed by the reclamation law, on which water will be furnished. The Secretary has decided that the area which may be held by any one landowner after the construction charges have been fully paid may exceed 160 acres. (43 L. D. 339-341.) Water will not be furnished on a tract of patented land and a tract of unpatented land in the same ownership unless the water charges have been paid in full on one of the tracts. In other words, water will not be furnished on a tract of private land, regardless of the area, and a tract of unpatented land in the same ownership at the same time unless all water charges on one of the tracts have been paid in full. A landowner who has made contract for the use of water in connection with 160 acres of irrigable land and sold the same, together with the water right, can make other and successive contracts for other irrigable lands owned or acquired by him. Holders of more than 160 acres of irrigable land, or more than the limit of area per single ownership of private land as fixed by the Secretary of the Interior, for which water

may be purchased within the reclamation project, if such a limit has been fixed, must sell or dispose of all in excess of that area before water-right application will be accepted from such holders. (See § 230.80.) If the holder of a greater area desires, he can subscribe for stock in the local water users' association (if there be one), for his entire holdings, executing a trust deed, giving the association power to ultimately sell the excess area to actual settlers who are qualified to comply with the reclamation law, unless the land has been sold by the owner when the Government is ready to furnish water thereon, or provide for the disposal of such excess holdings in some manner approved by an authorized offcer of the Department of the Interior. Holders of land in private ownership who have made and had accepted water-right application for their holdings may receive water for lands in excess of the area hereinabove stated, in case such excess lands have had water-right application made and accepted therefor, and have been acquired by descent, will, or by foreclosure of any lien; in which case said excess lands may be held for 2 years and no longer after their acquisition, without in any manner militating against the right of the holder to be furnished water under the reclamation law.

§ 230.66 Water-right application, where contract to purchase private lands is canceled.

Where private lands are held under contract of purchase, title remaining in the vendor, and the purchaser makes water-right application therefor, making one or more payments on account of the construction or building charge, and subsequently the vendor cancels the contract of purchase because of default in payments or for other default of the purchaser, the land resumes its status as if no contract of purchase had been entered into and no water-right application had been made. All payments made by the contract purchaser on account of the water-right application are forfeited to the United States. If the tract is resold to new purchasers, whether by deed or by contract of purchase, such new purchaser must make a new water-right application under such regulations as are in force at the time.

§ 230.67 Water-right application, where contract to purchase private lands is transferred.

A different result occurs where the contract purchaser sells his interest under the contract to another and transfers in writing credit for payments made by him and this other and the vendor enters into a new arrangement whereby this other takes a new contract of purchase from the vendor. In this case the new contract purchaser is the successor in interest of the original contract purchaser and succeeds to the benefits of any payments made by the original contractor on his water-right application. If, therefore, in such a case a new waterright application is required because of any regulations applicable to the case, credits should be allowed on the new application to the extent of the payments made by the original contract purchaser. § 230.68 Purpose of the reclamation law.

The purpose of the reclamation law is to secure the reclamation of arid or semiarid lands and to render them productive, and section 8 declares that the right to the use of water acquired under that law shall be appurtenant to the land irrigated and that "beneficial use shall be the basis, the measure, and the limit of the right." There can be no beneficial use of water for irrigation until it is actually applied to reclamation of the land. The final and only conclusive test of reclamation is production. This does not necessarily mean the maturing of a crop, but does mean the securing of actual growth of a crop. The requirement as to reclamation imposed upon lands under homestead entries applies likewise to lands in private ownership and land entered prior to the withdrawal—namely, that the landowner shall reclaim his land as required by law, and no right to the use of water will permanently attach until such reclamation has been shown. (See 37 L.D. 468, and § 2211.7-6(g).) § 230.69

Cancellation of water-right and homestead entry for default in payment.

Sections 3 and 6 of the Reclamation Extension Act of August 13, 1914 (38 Stat. 687, 688; 43 U.S.C. 478-481, 493, 494-497) provide for the cancellation of entries with forfeiture of rights for 1 year's default in payment of any installment of the construction or operation

The Department has adopted two forms of applications for water rights, viz, Form A, for homestead entries under the reclamation law; Form B, for lands other than homestead entries under the reclamation law embraced within a project. Copies of these forms will be used in all applications for water rights on all reclamation projects.

§ 230.72 Entries made prior to June 25, 1910; contests and water-right applications.

Under the act of April 30, 1912 (37 Stat. 105; 43 U.S.C. 445), a reclamation homestead entry made prior to June 25, 1910, where a residence was established in good faith, is not subject to contest for failure of the entryman to maintain residence or make improvements upon the land prior to the time when water is available for the irrigation of the lands embraced within the entry under public notice. The entryman is required within 90 days after public notice has issued to file a water-right application. (See § 2211.7-1(g) (1).)

§ 230.73 When Form A water-right applications must be filed.

Upon notice issued by the authorized officer that the Government is ready to receive applications for water right for described lands under a particular project, all persons who have made entries of such lands under the provisions of

the reclamation law will be required to file application for water rights on Form A for the number of acres of irrigable land in the farm unit entered, as shown by the plats of farm units approved by an authorized officer of the Department of the Interior, and any person settled on such lands or intending to make entry of any such lands may file application for water rights on Form A for the number of acres of irrigable land in the farm unit settled on or intended to be entered, as shown by such farm-unit plats.

§ 230.74 Action on Form A water-right application, where entry has not been allowed.

Where such settler or other person makes a water-right application before initiating entry for the lands for which such water-right application is made, the water-right application will be received by the official in charge of the project, and the amount due thereon as shown by the public notices and orders collected by the agent cashier of the Bureau of Reclamation. The waterright application will be retained by the official in charge until entry is made, or if entry is not perfected by the applicant within 30 days the application shall be endorsed "rejected," with the date thereof, and the amount collected returned to the applicant, except in case water shall have been furnished such applicant under the application, in which case only the amount collected on account of the construction or building and betterment charges will be returned. The amount collected for operation and maintenance will be retained by the agent cashier as payment to the United States for the service rendered in furnishing water. If entry is made the entryman will be required to exhibit to the official in charge his land-office receipt. The official in charge will endorse on the water-right application the number, date, and landoffice serial number of the entry and take the action indicated in § 230.75. § 230.75

Action on Form A water-right application, where entry has been allowed.

All applications on Form A must be filed in the project office of the United States Bureau of Reclamation in person or by mail, accompanied by two complete copies and the amount due thereon as shown by the public notices and orders. The official in charge of the project will

carefully examine the original application, and if regularly and properly made out accept the same and endorse thereon his acceptance. He will see that the copies correspond with the original and that the entry number, date, etc., are properly given, and will immediately transmit one copy to the Commissioner, Bureau of Reclamation, and give the second copy to the applicant, with the agent cashier's receipt for the amount collected. The original application will be retained in the project office of the Bureau of Reclamation.

§ 230.76 When Form B water-right application must be filed.

Upon the issuance of the public notice private landowners and entrymen whose entries were made prior to withdrawal may, in like manner, apply to the project office of the United States Bureau of Reclamation, on Form B for water rights for tracts not containing more than 160 acres of irrigable land, according to the approved plats, unless a smaller limit has been fixed as to lands in private ownership by an authorized officer.

§ 230.77 Showing as to residence required for Form B applicants.

Each application on Form B must contain a statement as to the distance of the applicant's residence from the land for which a water right is desired.

§ 230.78 Form B; applicants not residing within distance fixed for project. If a greater distance than that fixed for the project is shown in any application, the case should be reported to the Commissioner of the Bureau of Reclamation, for special consideration upon the facts shown. If the applicant is an actual bona fide resident on the land for which water-right application is made, the clause in parentheses of Form B, regarding residence elsewhere, must be stricken out.

§ 230.79 Form B applicant required to state nature of interest.

The applicant on Form B must state accurately the nature of his interest in the land. If this interest is such that it cannot be perfected into a fee simple title at or before the time when the last annual installment for water right is due, the application must be rejected. § 230.80 Execution of Form B applica

tion. Form B, used by owners of private land and entrymen whose entries were

made prior to the withdrawal of the land within reclamation projects for entering into contracts with the United States for the purchase of a water right, must be signed, sealed, and acknowledged before a duly authorized officer in the manner provided by local law. A space is provided on the blank for evidence of the acknowledgment, which should be in exact conformity to that prescribed for mortgages by the law of the State in which the lands covered by the contract lie. When so executed the original must be filed in the project office of the Bureau of Reclamation either in person or by mail, together with four complete copies, and must be accompanied by the amount of the charges for recording the same in the county records. The application must cover all the irrigable land of the applicant in the project. (See § 230.65.) If the applicant owns more than the limit of irrigable area fixed for land in private ownership, he must make disposition of all the irrigable lands not covered by his application, as indicated in § 230.65, before the application is accepted. If the application is (a) regular and sufficient in all respects; (b) bears the certificate of the secretary of the local water users' association in cases where such certificate is required; (c) is accompanied by the proper payments required by the provisions of the public notices and orders issued in connection with the project and the recording fees; the official in charge of the project will accept the same by filling out the blank provided and attaching his signature and seal and placing a scroll around the word "Seal," whereupon the water-right application becomes a water-right contract. § 230.81 Recordation of contract.

As stated in the instructions for the execution of the blank, the contract must be duly recorded in the records of the county in which the lands are situated, and, therefore, immediately upon execution of the contract the original will be transmitted by the official in charge of the project to the proper county officer to be recorded.

§ 230.82 Action after recordation of

contract.

Upon return of the original contract to the official in charge of the project, bearing certificate at the bottom of the last page executed by the recording officer, showing the recordation of the instrument, the said official in charge