the number of acres of irrigable land in the farm unit settled on or intended to be entered, as shown by such farmunit plats.

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

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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 water-right application will be tained 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 landoffice 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 application.

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 of

ficial 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 will fill out the same blank on the three copies held in his office, signing the name of the recording officer with the word "signed" in parentheses preceding such name. The original will be sent to the General Accounting Office, Audit Division; one copy will be forwarded to the Commissioner, Bureau of Reclamation, one copy to the applicant, and the remaining copy will be retained by the official in charge.

§ 230.88 Irrigable area increased; supplemental agreement.

In cases where water-right application has been made and the irrigable area is subsequently ascertained to be greater than that stated therein, action should be taken as follows:

(a) For land covered by water-right application reserving a lien to the United States, the water users should execute a supplemental contract and the same shall be recorded in the county records at the expense of the United States.

(b) For land covered by water-right application not reserving a lien to the United States, the water user should execute application on the form of

water-right application in current use, and the same shall be recorded in the county records at the expense of the United States.

§ 230.89 Where water-right payments may be credited to subsequent entry.

Any person who applies to enter the same land at the time of relinquishment and at the same time files an assignment in writing of the charges theretofore paid will be allowed credit therefor. If the application to enter is made at a later date or is not accompanied by a written assignment of credits, the applicant must pay the waterright charges as if the land had never been previously entered.

§ 230.90 Sale of land in private ownership; water-right application.

In cases of the sale of all or any part of the irrigable area of a tract of land in private ownership covered by a water-right application which is not recorded in the county records, the vendor will be required to have his transferee make new water-right application for the land transferred. Upon acceptance of such new waterright application the transfer will be duly noted, and, in case of transfer of part the water-right charges under the original application of the vendor, will be adjusted to the respective tracts. If the vendor's water-right application has been recorded on the county records, the vendee will not be required to make new water-right application.

§ 230.91 Tender of part payment.

Where payment is tendered for a part only of either an annual installment of water-right construction or building charges or an annual operation and maintenance charge, the same may be accepted if the insufficient tender is, in the opinion of the official in charge of the project, caused by misunderstanding as to the amount due and approximates the

same.

§ 230.92 Action where insufficient payment is tendered.

In all cases of insufficient payment accepted in accordance with the provisions of the foregoing section, receipts

must issue for the amount paid and the water user shall be immediately notified by registered letter that the payment is insufficient and allowed a period of 30 days to make payment of the balance due to complete the charge on which a part payment has been made. If the balance of either such installments is paid within this period, additional receipt must issue therefor, but if either or both installments remain unpaid for 30 days, report shall be made to the Commissioner of the Bureau of Reclamation. In all other cases where insufficient tenders are made they shall be rejected with notice to the water user of the reason for the rejection.

§ 230.93 Receipt for full payment.

When full payment is tendered and, upon examination, is found to be correct, the agent cashier will issue receipt therefor.

§ 230.94 Assignment of money credits.

A person who has entered lands under the reclamation law, and against whose entry there is no pending charge of noncompliance with the law or regulations, or whose entry is not subject to cancellation under this act, may relinquish his entry to the United States and in writing assign to a prospective or succeeding entryman any credit he may have for payments already made under this act on account of said entry, and the party taking such assignment may, upon making proper entry of the land at the time of the filing of the relinquishment, if subject to entry, receive full credit for all payments thus assigned to him, but must otherwise comply in every respect with the homestead law and the reclamation law. Under this section credit may be allowed in cases of assignment where the water-right application has been made under the Reclamation Extension Act; and also, in case of new entry under the act of March 4, 1915 (38 Stat. 1215; 43 U.S.C. 447). (See departmental instructions, Dec. 20, 1915, 44 L. D. 544.)

§ 230.95 Water-right charges on transfer of privately owned lands; delivery of water.

The transfer of lands in private ownership covered by water-right contract before cancellation of the contract carries with it the burden of waterright charges and credit for the payments made by the prior owner. (See departmental decision, Mar. 20, 1911, in the case of Fleming McLean and Thomas Dolf, 39 L. D. 580.) After any such transfer, water will continue to be delivered for the entire irrigable area of the tract transferred and tract retained, at the same place or places as delivery was theretofore made, and no change will be made in the place of delivery except upon compliance with the provisions of §§ 230.98 and 230.99, regarding the additional expense for laterals, division boxes, surveys, or for other purposes, and for providing rights of way for irrigation or drainage ditches across the portions transferred or retained.

CROSS REFERENCE: For rights-of-way for irrigation drainage ditches, see Part 2800.

NOTICE OF INSTALLMENTS DUE

§ 230.96 When one or more than one installment is due.

At least 30 days prior to the date on which any installment of the construction or building charge becomes payable under the terms of any public notice or order, by any water-right applicant under a project, a notice will be mailed to each such water user at his last known post-office address as shown on the Bureau of Reclamation project records which notice will state the amount of construction or building charge due at the date of the notice and the amount to become due when the next succeeding installment of the construction or building charge is due. Water-right applications and homestead entries under the reclamation law are subject to cancellation for failure to pay construction or building charges more than 1 year in arrears. When other efforts to collect delinquent charges have failed, formal notice of delinquency on the prescribed form shall be mailed to the water-right applicant. Such notice

shall be sent by registered mail to the applicant at his last known address, as above indicated, which notice will state the amount of reclamation charges then due, and that unless, on or before the thirtieth day following that on which the notice is received, payment be made of the amount due in excess of one full installment the following action will be taken: (a) In case of a reclamation homestead entryman, that the entry and the accompanying water-right application will be canceled without further notice, or (b) in cases other than those of reclamation homestead entrymen the case will be reported to an authorized officer of the Department of the Interior with recommendation for appropriate action by suit to recover the amount due, and also, if such action is deemed advisable, for the cancellation of the water-right application. The Rules of Practice, Subpart 1842 of this title, so far as they are not in conformity herewith are hereby modified. The registry return receipts of each such notice will be preserved and promptly after the expiration of the time allowed in the notice to make payment will be forwarded to the Commissioner of the Bureau of Reclamation, with copy of notice sent in each case of delinquency and with report and recommendation relative to cancellation or other action to be taken against the delinquent. In case such a notice is returned unclaimed by the addressee such unclaimed notice should accompany the other papers. In case the registry return receipt is not received, or, being received, has been lost, a new notice must be sent. The Commissioner of the Bureau of Reclamation will take appropriate action in each case. If the entry is subject to cancellation he will forward appropriate statement to the authorized officer of the Bureau of Land Management with evidence of service. The bills for operation and maintenance will be similarly rendered and will be handled in the same manner.

CREDIT FOR PAYMENTS ON PARTIAL RELINQUISHMENT

§ 230.97 Relinquishment of part of farm unit; water-right charges.

A homestead entryman subject to the reclamation law may relinquish part of his farm unit if in the judgment of an authorized officer it would not jeopardize the interests of the United States in the collection of the charges against the part proposed for relinquishment or otherwise. The portions of the payments theretofore made by him on account of construction or building charge applicable to the relinquished area will be credited as follows: First, upon the portion of the charges for operation and maintenance then due against the relinquished area, and second, any remainder will be credited upon the construction or building charge against the area retained. In no case will payments theretofore made on account of operation and maintenance charges be so credited. The entryman desiring to make such relinquishment shall submit to the official in charge of the project his application therefor. The said official in charge will transmit such application with his recommendation through proper channels to the Commissioner of the Bureau of Reclamation for approval of the amendment of the farm-unit plat.

§ 230.98 Partial relinquishment where entry is not subject to reclamation law. Where an entryman, whose entry is not subject to the reclamation law, relinquishes part of the land included in his entry, appropriate notation will be made on his water-right application showing such relinquishment, and his charges thereafter due will be reduced accordingly upon presenting to the project official in charge certificate of the land office showing the lands relinquished and the lands remaining in his entry. If entry is made for the relinquished portion at the time of filing the relinquishment the new entryman will receive credit for payments made thereon if assignment in writing is filed, as provided in §§ 230.83 to 230.92. No credit will be allowed if the new