FORMATION OF IRRIGATION DISTRICTS.

The law in most Western States requires that the first step to be taken in the organization of an irrigation district is the presentation to the board of county commissioners of the county in which a majority of the lands may be, a petition signed by 50, or a majority, of the holders of title, or evidence of title, to lands susceptible of one mode of irrigation from a common source and by the same system of works, proposing the organization of an irrigation district. This petition sets forth and describes the lands to be included within the boundaries of said irrigation district with the same degree of accuracy required in making up a tax roll. A map must accompany the petition and must show the location of the proposed canal or other irrigation works by means of which the district is intended to be irrigated. The petition is accompanied by a bond to the county in double the amount of the probable cost of organization, with the condition that the bondsmen shall pay all costs in case said district is not organized. With the petition must also be filed the report of a competent engineer, setting forth in detail the scheme for the irrigation of the lands, together with a statement as to the water supply. The petition, together with the map and engineer's report, are filed with the clerk of the board of county commissioners, whose duty it is to publish a notice giving the first name on the petition, the date of its filing, and the date upon which it will be presented to the board of county commissioners. Two weeks is the time required by law for such publication.

It then becomes the duty of the board of county commissioners to set a time for the hearing of the petition and to give notice of the same; such notice must be published by the board at least three weeks before the day set for the hearing, in a newspaper having a general circulation in the county or counties in which the proposed district is situated. A copy of the petition, maps, and other papers on file with the board of county commissioners must be filed with the State engineer, who examines the proposed district and prepares a report which he submits to the board of county commissioners before the date set for a hearing. The State engineer may approve or disapprove the organization of the district. At the hearing on the petition any person whose lands are adjacent to the district may, in the discretion of the board, upon application, have his lands included within the boundaries of the district, and also such lands that are not benefited by reason of the organization of the district may, upon application, be excluded from the boundaries of the proposed irrigation district.

After the board of county commissioners has determined what lands shall be included within the proposed irrigation district, it makes an order in its record describing said lands and stating that the same will be organized into an irrigation district, naming the district providing the vote of the electors on the proposition shall be favorable to its organization, and give notice of such election by publication for four weeks prior to said election in a newspaper published within the county or counties where any of the lands within the boundaries of the proposed irrigation district lie. This notice given by the board of county commissioners states the name of the proposed district and describes the lands within said proposed district as provided by its

order calling said election. At this election a two-thirds vote is required in favor of the irrigation district to authorize its formation. If two-thirds of those voting at such election do not vote in favor of the district organization, the irrigation district is not organized.

At the election for the organization of the irrigation district three directors are elected. These directors operate the district until their successors are elected and qualified. Within 10 days after this election the board of county commissioners canvass the returns of the election, and if the required number of those voting at said election vote in favor of the organization of the irrigation district, the board of county commissioners, by an order entered on its minutes, declares the territory therein described duly organized into an irrigation district under the name which it gave the said proposed district at the time of the hearing on the petition for its organization. A certified copy of the order declaring the district duly organized and describing the lands included within said district is immediately filed for record in the office of the county recorder in the county or counties in which any portion of the land is situated, and thereafter the naming of the district is considered constructive notice to the landowners within said district.

The directors elected at the time of the organization of the district immediately formulate a plan for its proposed operation. The surveys, examinations, maps. plans, and estimates are made out under the direction of a competent irrigation engineer and certified by him. A copy of the plans, maps, and estimates is submitted to the State engineer for his examination, who within 90 days files a report upon the same with the board of directors. Upon receiving this report the board of directors determines the amount of money necessary for the construction of an irrigation system and calls a special election for the authorization of a bond issue. Notice of an election is given by posting three copies in each of the precincts within the district, and publication thereof in a newspaper published in the district; in case no newspaper is published within the district, then in a paper in the county or counties within which any of the lands in said district lie, for four weeks prior to said election.

It requires two-thirds of the voters voting at the bond election to vote in favor of the bonds to authorize a bond issue. As to the confirmation of the proceedings of the organization of a district, a petition is filed in the district court of the county in which the major portion of the lands of said district lies, asking that the proceedings thus taken may be examined, ratified, approved, and confirmed by the court. The notice of the filing of this petition is published for four consecutive weeks in a newspaper published in the same county. The notice so published states the time and the place fixed for the hearing of the petition and also states the prayer of the petition. If the court finds that all proceedings taken with reference to the organization are regular, it ratifies, approves, and confirms the same and declares the district duly organized.

After a bond issue or a contract with the United States Government to construct the works has been authorized by the electors of the district, the board of directors shall examine each tract or legal subdivision of land in the district, and determine the benefits which shall accrue to such tract or legal subdivision from the construction

or the purchase of works for the district and apportion the cost of such works over such tracts in proportion to such benefits; but after the directors examine the land and before they apportion the assessment of benefits they give notice to the landowners that they will meet at their office on a certain day, stated in said notice for the purpose of making the distribution of the cost of the works upon lands within the district in accordance with the benefits. This notice is given by postal card mailed or delivered to each land owner, and is also published in the county in which the lands within said. district lie, two weeks before the time set for the hearing. At this hearing evidence is heard, and the board, after they have heard the evidence of those parties who desire to appear, classify the land in such a way that the assessment when completed will be just and equitable. The board makes a map or a list of the lands with the amount and rate per acre of the distribution of the cost on same. This assessment is also subject to review by the district court of the county in which the major portion of the lands within the boundaries of the district lies.

After a bond issue, a petition may be filed, asking that the proceedings with reference to the authorization of the bond issue be examined, ratified, and approved by the court; also a petition may be filed after the board has apportioned or distributed the cost of the works upon the lands within the boundaries of the district, and also a petition may be filed after the sale of bonds. All of these matters, the proceedings for the organization, the proceedings for the authorization of bonds, the proceedings to confirm the list, apportionment and distribution of the cost of the works upon the lands of the district, and the proceedings for the sale of the bonds may be included in one petition and heard by the court at one time, or it may be at different times; but before the court has jurisdiction to pass upon the proceedings taken in any of these matters it is necessary that the notice be published as before stated. At the time of the hearing anyone interested in the subject matter may demur or answer said petition and may contest any or all of the proceedings.

It is believed that the legislation proposed by this bill will enable many irrigation districts which have already taken the first steps in organization to dispose of their bonds so that they may obtain the money needed to construct their irrigation systems. It should also open the door to cooperative effort on the part of the settlers to construct needed irrigation works without looking to the Federal Government to undertake the establishment of new projects, thus bringing under early development thousands of acres of arid lands in the West which are now unproductive.

Hon. WILLIAM R. SMITH,

DEPARTMENT OF THE INTERIOR,
Washington.

Chairman Committee on Irrigation of Arid Lands,

House of Representatives.

MY DEAR MR. SMITH: The department is in receipt of your letter of February 10, transmitting copy of H. R. 262, entitled "A bill to promote the reclamation of arid lands on the public domain," with a request for the views of the department and any suggestions in reference thereto. In response to your request I have the honor to submit the following report:

This bill provides for the assessment and sale of unpatented lands included in irrigation districts organized under the laws of the various arid-land States. I have

given the proposed legislation my careful consideration and am of the opinion that it needs amendment in several important respects. Such amendments are offered in the form of a substitute bill, copies of which are inclosed with this letter.

In explanation of the changes made by the substitute bill, I would say that the general object of these changes is to make the bill more effective and serviceable from the standpoint of the irrigation districts, to protect important Government interests and investments which are not provided for in the original bill, and to simplify the problem of administration of the proposed law by this department, the General Land Office, and the local land offices.

The principal changes are:

First, the elimination of the two provisos at the bottom of page 2 of the original bill, lines 13 to 22, through the word "district." The first of these two provisos, lines 13 to 17, seems to be unnecessary and open to construction which might cripple the utility of the proposed law. As the entryman must in any event have the quali fications required by law, this provision, if it has any effect at all, might be construed as denying the benefits of this act to any district which might by any chance contain a homestead or desert entry which had been erroneously allowed to an entryman without the required qualifications. Existing law provides sufficient remedy in such case against the individual entryman, and such case should not disqualify the entire district.

As to the second of these two provisos, lines 18 to 22, through the word “district,"’ this proviso appears to prescribe a property qualification for the right to vote at an election to organize an irrigation district, and would be in conflict with the constitutional and statutory provisions of some of the States involved.

It is obvious that in the original bill no consideration has been given to its application to lands withdrawn under the reclamation act. The successful operation of irrigation districts within Government reclamation projects is of very important and immediate concern to the Government and an amendment in this respect is necessary to protect the investment which the Government has made in irrigation works. Otherwise, title might be secured through tax sale to public lands withdrawn under the reclamation act without payment of the construction and operation cost of the Government work, and without compliance with the requirements of the reclamation act in regard to irrigation and reclamation. In the substitute bill this objection has been eliminated by provision which is believed to be adequate to meet the needs referred to. This provision is inserted in section 2, beginning line 20 of the substitute bill, and is the second important change to which I desire to call your particular

attention.

A third change is made in sections 4 and 5 of the bill and provisions inserted in section 6 which are designed to relieve the land office of the burden and expense of keeping books and records to determine the amount of district assessments, interest, and penalties outstanding as a lien against the various tracts of entered and unentered lands, and the collection and transmission of such charges by the land office for the district, and at the same time accomplishes the purpose intended in the original bill. A fourth change occurs in section 6, line 11, of the substitute bill, where the following words have been inserted: "And upon the satisfactory showing that the irrigation works have been constructed and that water of such district is available for such land."

This provision, to my mind, is very important, for unless some restriction of this character is made it would be possible to secure title to the public lands through tax sale without constructing any of the proposed irrigation works or providing any water for reclamation.

Certain other changes are also made with reference to important contingencies not clearly dealt with in the original bill, among which may be mentioned the disposition of moneys derived by the United States and the irrigation districts from the lands in question.

The experience of irrigation districts containing unpatented lands indicates that there is need for legislation of the kind proposed, and if properly safeguarded as suggested in the substitute bill, the department would offer no objection if Congress considers such legislation advisable.

Cordially, yours,

FRANKLIN K. LANE, Secretary.

O

PER CAPITA PAYMENTS TO INDIANS OF FORT BERTHOLD RESERVATION, N. DAK.

MARCH 31, 1916.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed.

Mr. NORTON, from the Committee on Indian Affairs, submitted the following

REPORT.

[To accompany H. R. 11720.]

The Committee on Indian Affairs, to whom was referred the bill H. R. 11720, being a bill to provide for per capita payments to be made to Indians of the Fort Berthold Indian Reservation in North Dakota, having carefully considered the same, reports the bill back without amendment and recommends that it do pass.

The Indians of the Fort Berthold Reservation, 1 154 in number, have now to their credit in the Treasury of the United States, arising from the sale of their surplus lands, $751,705.42, including interest. The Indians are as a rule in poor circumstances and without means financially to carry on the work of farming, agriculture, and stock raising and also building up their homes, and with this large sum in the Treasury a per capita payment at this time will add materially in assisting them in securing proper implements for agricultural purposes and in building their homes. The payment contemplated by this bill will amount to about $650 per Indian.

The legislation has the approval and recommendation of the Interior Department, as shown by the following letter of the Secretary: DEPARTMENT OF THE INTERIOR, Washington, March 4, 1916.

MY DEAR MR. STEPHENS: I have received your letter of February 18, forwarding for report copy of the bill (H. R. 11720) proposed by Mr. Norton on February 17, 1916. The proposed bill is intended to authorize the Secretary of the Interior to withdraw from the Treasury and pay to the Indians entitled all moneys derived from the sale and disposition of surplus land and coal deposits within the limits of the former Fort Berthold Indian Reservation, N. Dak.

Under the provisions of section 11 of the act of June 1, 1910 (36 Stats. L., 455-458), the proceeds arising from the sale of the surplus lands must be deposited in the Treasury and are not subject to expenditure unless specifically appropriated by Congress for the education, support, and civilization of the Indians. Section 2 of the act of August 3,