power plants, based upon reports received from about 4,000 power plants; reports of the stock of coal on hand at such plants at different dates; and a report on developed water power in the United States. (6) Division of Land Classification Investigations-Chief Hydraulic Engineer -Examination of public lands for designation under the enlarged and stock-raising homestead laws, and the examination of streams and neighboring lands for the classification of public lands with respect to their value for water power or irrigation. VI. Land Classification. Makes reports chiefly to the Secretary of the Interior, General Land Office, Office of Indian Affairs, and Federal Power Commission. The results of its work are utilized mainly in preparation of orders for the withdrawal from entry, restoration to entry, classification, and designation of the public lands, of informative and advisory reports, and of recommendations for appropriate action concerning public lands made to the agencies above named. (1) Administrative-Geologist. (2) Division of Mineral Classification. Involves: (a) Withdrawal, classification, and restoration of public lands according to their mineral character; (b) solution of geologic and economic problems arising in connection with mineral land leases; and (c) preparation of reports showing the mineral character of specific lands for the information and guidance of other government bureaus charged with administration of public laws. The Potash Land Leasing Act of 1917 12 and the General Mineral Lands Leasing Act of 1920,13 opening to disposition extensive mineral deposits, did not obviate the necessity for classification.14 (3) Division of Hydrographic Classification-Hydraulic Engineer. (a) Power Section-Hydraulic Engineer. Obtaining and making available for use in the administration of public land laws information as to resources, such as potential power resources of areas that are, or may be, subject to disposal. (b) Irrigation Section-Hydraulic Engineer. Classification under the enlarged 15 and stock-raising 16 homestead laws as nonirrigable; classification under the Nevada Ground Water Reclamation Act 17 as nontimbered and not known to be susceptible of successful irrigation; reports on sufficiency of water supply and general feasibility of irrigation projects. 12 Act Oct. 2, 1917 (40 Stat. 297 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 4640e4640k]). 13 Act Feb. 25, 1920 (41 Stat. 437 [Comp. St. Ann. Supp. 1923, 88 46404 to 46404ss]). 14 45th Annual Report of Director of Geological Survey, pp. 69-71. 15 Act Feb. 11, 1913 (37 Stat. 666). 16 Act Dec. 29, 1916 (39 Stat. 862 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 4587a-4587k]). 17 Act March 4, 1911, c. 285 (36 Stat. 1417 [Comp. St. § 4691]). requiring some form of approval in the administration of the land laws; and initiation of withdrawal of lands for reservoir sites (4) Division of Homestead Classification-Classifier. Determines what lands under the stock-raising homestead laws 16 are to be classified as nontimbered, nonirrigable, and valuable chiefly for grazing and raising forage crops. Publication Branch. (1) Administration. (2) Division of Book Publication. (b) Section of Illustrations-Draftsman. (3) Division of Map Editing. (a) Section of Geologic Editing of Maps and Illustrations-Editor. (b) Section of Inspection and Editing of Topographic Maps Editor. (4) Division of Engraving and Printing. (a) Section of Topographic Maps and Geologic Folios. (b) Section of Miscellaneous Government Map Printing. (5) Division of Distribution. 4. Publications (a) See pages 9-22, 55th Annual Report of Director, for list of publications. (b) Price List No. 15 of government publications on Geological Survey, for sale by the Superintendent of Documents. 16 Act Dec. 29, 1916 (39 Stat. 862 [Comp. St. 1918, Comp. St. Ann. Supp. 1919, §§ 4587a-4587k]). 343 1 CHAPTER 31 BUREAU OF RECLAMATION 1. Origin and Purpose The Bureau of Reclamation (formerly the Reclamation Service), created in 1902,1 is a civil engineering, agricultural, and economic organization under the Department of the Interior, the functions of which are to examine, survey, construct, and maintain irrigation works for storage, diversion, and distribution of water for the reclamation and settlement of arid and semiarid Western lands, comprising about 40 per cent. of the entire area of the United States. It has been estimated that not over 5 per cent. of the arable land can be irrigated in any one of the Western states.2 2. History There is evidence of prehistoric irrigation systems built by Pueblo Indians. in Arizona and adjacent states. The Spanish conquestados extended the Indian canals. The Mormon settlers in Utah in 1847 were also active in reclamation work. Other private enterprises increased reclaimed lands to 50,000 acres in 1860 and to some 1,000,000 acres by 1880.4 The first congressional action relative to water rights on the public lands confirmed such rights, vested under local laws and customs.5 All patents, preemptions, and homesteads were made subject to such vested rights. Provision was made for the disposition of "desert lands" in California to entrymen who should irrigate them. This policy was extended two years later. Further extension of the policy imposed the obligation to expend at least $1 an acre in irrigation and cultivation. Rights of way through public lands were granted for irrigation ditches.10 By the Carey Act 11 the government offered to donate to the state such desert lands, not exceeding 1,000,000 acres in any one state, as the state should cause to be irrigated, reclaimed, and occupied. The scope of this act was extended.12 1 Act June 17, 1902 (32 Stat. 388). See Institute for Government Research, Service Monograph No. 2, pp. 132-168, for bibliography; also Guide to United States Government Publications, compiled by Walter I. Swanton for Bureau of Education, 1918. 2 Institute for Government Research, Service Monograph No. 2, 1919, p. 2. 3 Institute for Government Research, Service Monograph No. 2, 1919, p. 2. 4 Institute for Government Research, Service Monograph No. 2, 1919, p. 4. 5 Act July 26, 1866 (14 Stat. 253, § 9; R. S. § 2339 [Comp. St. § 4647]). 6 Act July 9, 1870 (16 Stat. 218; R. S. § 2340 [Comp. St. § 4648]). 7 Act March 3, 1875 (18 Stat. 497). 8 Act March 3, 1877 (19 Stat. 377 [Comp. St. §§ 4674-4676]). 9 Act March 3, 1891, § 2 (26 Stat. 1095). 10 Sections 18 to 21, Act March 3, 1891 (26 Stat. 1101, 1102) and Act Feb. 15, 1901 (31 Stat. 790 [Comp. St. § 4946]). 11 Act Aug. 18, 1894 (28 Stat. 422 [Comp. St. § 4685]). 12 Act June 11, 1896 (29 Stat. 434); Act March 3, 1901 (31 Stat. 1188 [Comp. St. 4687]). Few of the states have taken advantage of the Carey Act, because of the lack of financial promise of such projects for investors. However, much actual development has been accomplished.13 In 1888 Congress authorized an investigation of the practicability of constructing irrigation reservoirs.14 Lands susceptible of irrigation were reserved from sale and entry.15 This policy was reversed.16 During the eight years preceding the passage of the Reclamation Act, the policy was to encourage state and individual reclamation development. Public interest was aroused by irrigation congresses and widely distributed reports.17 President Roosevelt's message of December, 1901, urged comprehensive irrigation legislation and the 57th Congress passed the Act of June 17, 1902.1 Under this act the Secretary of the Interior organized the Reclamation Service, under the Director of the Geological Survey. On March 9, 1907, it was reorganized and made an independent service within the Department of the Interior. On December 13, 1913, the Reclamation Commission was formed. In 1917 the Service was placed under the direction of the Director and Chief Engineer, whose title was later changed to Director. In June, 1923, the name of the Service was changed to Bureau of Reclamation, under a Commissioner. 3. Policy The basic policy of the Reclamation Act of 19021 has been maintained. The fiscal policy was effected by the Reclamation Extension Act,18 providing for graduated payments extending over 20 years. Under legislation passed in 1924, payments on construction charges are based on the productive power of the land.19 4. Nature of Projects An irrigation project consists of three primary undertakings: (1) Construction of such major works, as dams, canals, and tunnels, as may be required to bring the water to the area to be irrigated; (2) construction of such minor works, as ditches, required for distribution of the water to the users; (3) the settlement and economic development of the project. 5. Location of Projects A vital consideration in the selection of a project and in planning the works has to do with the location and quantity of water. Data as to water supply are obtainable from the Geological Survey and from private surveys. While formerly there was less inclination to consider economic conditions than 1 Act June 17, 1902 (32 Stat. 388). See Institute for Government Research, Service Monograph No. 2, pp. 132-168, for bibliography; also Guide to United States Government Publications, compiled by Walter I. Swanton for Bureau of Education, 1918. 13 Senate Document No. 1097, 62d Cong. 3d Sess. 14 Joint Resolution of March 20, 1888 (25 Stat. 618). 15 Act Oct. 2, 1888 (25 Stat. 526). 16 Act Aug. 30, 1890 (26 Stat. 391 [Comp. St. § 4697]). 17 Senate Doc. 41, 52d Cong. 3d Sess.; House Doc. 141, 55th Cong. 2d Sess. 18 Act Aug. 13, 1914 (38 Stat. 686). See, also, Act March 3, 1915 (38 Stat. 859). 19 Act Dec. 5, 1924 (43 Stat. [Comp. St. 1925, § 4750g5]). the construction and legal aspects, it is now recognized that the proper solution of economic questions prior to the authorization of a project for construction is indispensable, if the projects are to be successfully settled and developed. 6. Withdrawal of Lands When the location of a project has been determined, the next step is to effect the withdrawal of such lands from entry under the public land laws, which is accomplished through the General Land Office. Lands withdrawn under what is called the "first form" are withdrawn absolutely as needed for irrigation works and subsidiary structures. Lands withdrawn under the "second form" are so reserved because they are "believed to be susceptible of irrigation from said works." They are not withdrawn from entry under the homestead laws, as modified by the Reclamation Act, but are withdrawn otherwise. Either class of withdrawal affects only tracts under the control of the General Land Office, and not claims already initiated. If any of these claims or rights are abandoned or relinquished, the withdrawal automatically takes effect. So, also, any lands so withdrawn are restored to public entry, if it is found that they be not required for construction, operation, or maintenance. 7. Preliminary Survey The preliminary survey, following the withdrawal of lands, comprises topographic and hydrographic features of the area, climatic conditions (temperature, rainfall, frosts, character of the soil, etc.), settlement, transportation, and economic factors, and inquiries into vested rights in, and claims to, lands and the use of waters. Data as to available water supply are obtained from the Geological Survey. 8. Water Users' Associations Water Users' Associations heretofore have incorporated, each member holding stock in proportion to his acreage of irrigable land. Through them the government secures itself for the repayment of construction charges. The member usually mutually agrees: (1) To turn over to the management of the association all water which he had heretofore appropriated, to be administered in connection with the additional water supply furnished from the government irrigation system; (2) To make his former water rights, as well as the government water rights, appurtenant to the land irrigated; (3) To pay the construction charges which might be imposed by the Secretary of the Interior pursuant to the Reclamation Act; (4) That such charges should be a lien on the land, which the association. might enforce; (5) To dispose of the lands he owned in excess of 160 acres, that being the maximum area under single ownership to which water might be supplied under the Reclamation Act. In some cases 80 acres was set as the maximum. 9. Irrigation District An irrigation district is a public corporation, and is the result of the legislative application of the public municipal idea to the needs of irrigation. Among |