230.72

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

230.118

Facts to be shown in appeal; action

230.119

230.73

When Form A water-right applications must be filed.

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

230.75

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

230.76 When Form B water-right applica

tion must be filed.

by project official in charge. Service of notice.

TAXATION BY STATES OF ENTRIES UNDER RECLAMATION ACT OR ENTRIES ON CEDED INDIAN LANDS WITHIN INDIAN IRRIGATION PROJECTS, PRIOR TO ISSUANCE OF FINAL CERTIFICATES 230.121 Entries subject to taxation; tax-title claimants; prior lien of United States; extinguishment of lien. AUTHORITY: The provisions of this Part 230 issued under sec. 10, 32 Stat. 390, as amended; 43 U.S.C. 373.

SOURCE: The provisions of this Part 230 appear at 19 F.R. 9064, Dec. 23, 1954, as amended at 29 F.R. 4302, Mar. 31, 1964, unless otherwise noted.

CROSS REFERENCE: For Bureau of Land Management, see Chapter II of this title. For desert-land entries, see Subpart 2520 of

this title. For Flathead irrigation project, Montana, see § 2515.8 of this title. For general orders of withdrawal, effect of, see § 2300.0-3 (b) of this title. For State irrigation districts, see Part 2783 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.

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 pricr

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.

§ 230.62

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.

84-002-72- -23

§ 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