Thestate of Wyoming hereby accepts the conditions of 4 of an act of congressentitled "An act making appropriations for sundry civil expenses of thegovernment for the fiscal year ending June 30th, 1895, and for otherpurposes"; approved August 18th, A.D. 1894, together with all the grantsof land to the state under the provisions of the aforesaid act, and conditionsof Section 1 of an act of congress entitled, "An act making appropriationsfor sundry civil expenses of the government for the fiscal year ending June30th, 1897, and for other purposes"; approved June 11th, 1896, and theconditions of an act of congress entitled, "An act making appropriationsfor sundry civil expenses of the government for the fiscal year ending June30th, 1909, and for other purposes"; approved May 27th, 1908, providingfor the granting of an additional million (1,000,000) acres of land to thestate of Wyoming to be reclaimed as provided in the acts above mentioned, andall acts of congress and parts of acts of congress now or hereafter enacted bycongress for the reclamation of desert lands within the state of Wyoming,together with all the grants of land to the state of Wyoming, and any and allinterests therein, with all rights and privileges thereunder, under theprovisions of the aforesaid acts or parts of acts.
36-7-102. Selection, management and disposal of lands.
Theselection, management and disposal of said land shall be vested in the stateboard of land commissioners, as constituted by section 3 of article 18 of theconstitution of the state of Wyoming. Said state board of land commissionersshall be hereinafter designated as "the board".
36-7-103. Institution of legal proceedings.
Allsuits or actions brought by the board, under the provisions of this act, shallbe instituted by the board, in the name of the people of the state of Wyoming.
36-7-104. Disposition of forfeitures.
Allmoneys received by the state of Wyoming as proceeds from forfeited bonds,pledges or other forfeitures of whatsoever kind in connection with theoperations under the act commonly known as the "Carey Act" shallbecome a part of the general fund.
ARTICLE 2 - BOARD OF LAND COMMISSIONERS
36-7-201. Meetings; president; duty; quorum.
Theboard shall meet at least once in each month, at such time as the board mayprescribe, for the transaction of business. The governor shall be president ofthe board, and it shall be his duty to sign all contracts, papers or documentsthat shall be approved, made or directed by the board. Provided, however, thatall leases approved or directed to be entered into by the board of landcommissioners may be signed for and on behalf of the state by the director. Amajority of the board shall constitute a quorum for the transaction of any andall business; and in the absence of the governor, one (1) of the other membersmay act as president pro tempore and may preside at such meeting.
36-7-202. Special meetings; duties of secretary.
Thepresident shall have the power to call a special meeting, if in his judgment,public good requires the same to be done for any purpose contemplated in thischapter, or any other chapter prescribing the duty of said board; and such callmay be either a personal or written notice. The object of such meeting shall bemade a matter of record by the secretary of the board. The director shall bethe secretary of such board, and it shall be his duty to keep a careful recordof the transactions of such board in a substantially bound book to be kept forthat purpose, and which shall be known as the record and proceedings of theboard of land commissioners as to Carey Act matters. The secretary shallcountersign all papers, instruments or documents approved, made or directed bythe board bearing the signature of the president.
36-7-203. Office; duties of director.
Theboard shall have an office in Cheyenne. The director shall be in charge of theoffice. He shall have the custody of the records of the board; shall receiveand file all proposals for the construction of irrigation works to reclaimlands selected under the provisions of this act; prepare and keep for publicinspection maps or plats, on a scale of two (2) inches to the mile, of alllands selected; receive entries of settlers on these lands, and hear or receivethe final proof of their reclamation, and do any and all work required by theboard in carrying out the provisions of this act. He shall have authority toadminister oaths whenever necessary in the performance of his duties.
36-7-204. Rules; copies of maps, plats and contracts; annual report ofcontractors; waiver of rules.
Theboard shall provide suitable rules for the filing of proposals for constructingirrigation works, and for the entry of and payment for the land by settlers,and for the forfeiting of entry by settlers upon failure to comply with theprovisions of this act. There shall be kept in the office of the board, forpublic inspection, copies of all maps, plats, contracts for the construction ofirrigation works, and of the entries of land by settlers. It shall require fromeach person, company of persons, association or incorporated company engaged inthe construction of irrigation works, under the provisions of this act, anannual report, to be submitted to the board on or before November first of eachyear. This report shall show the number of water rights sold, the number ofusers of water under said irrigation works, the legal subdivisions of land forwhich water is to be furnished, the names of the officers of the company, theacreage of land which the said irrigation works is prepared to supply withwater, and such other data as the board sees fit to require. The rules requiredby this section may be waived in the case of irrigation works being constructedby a person, colony or association of persons to furnish water for land settledupon and being reclaimed by themselves.
36-7-205. Duties of employees; fees.
Theboard shall prescribe the duties of all its employees and shall collect thefollowing fees: for filing each application, one dollar ($1.00); for filingeach final proof, one dollar ($1.00); for issuing each patent, one dollar($1.00); for making certified copies of papers or records, the same fees asprovided for to be charged by the secretary of state for like services. Themoney collected for fees shall be paid to the treasurer of the state and by himcredited to the general fund.
36-7-206. Annual report.
Theboard shall issue, on or before November thirtieth of each year, a reportsetting forth in detail the names, location and character of the irrigationworks in process of construction, the acreage and legal subdivisions of landintended to be reclaimed, the estimated cost of said irrigation works, theprice of water rights from such irrigation works, and the terms of payment forboth water rights and land. Not less than five thousand (5,000) copies of suchreport shall be printed for gratuitous distribution.
36-7-207. Grants of rights-of-way to counties.
Theboard of land commissioners is hereby empowered, under such terms andregulations as may be provided by it, to grant to the counties of this state,either temporary or permanent rights-of-way for roads and highways, over andacross lands ceded to the state under the provisions of an act approved August18, 1894, known as the Carey Act, and the title to which lands is still vestedin the state at the time such grant is made.
ARTICLE 3 - RECLAMATION OF LAND
36-7-301. Requisites; contents.
Anyperson, company of persons, association or incorporated company constructing,having constructed or desiring to construct ditches, canals or other irrigationworks to reclaim land under the provisions of this act shall file with theboard a request for the selection on behalf of the state by the board, of theland to be reclaimed, designating said land by legal subdivisions. This requestshall be accompanied by a proposal to construct the ditch, canal or otherirrigation works necessary for the complete reclamation of the land asked to beselected. The proposal shall be prepared in accordance with the rules of theboard and with the regulations of the department of the interior. It shallstate the source of water supply, the location and dimensions of the proposedworks, the estimated cost thereof, the price and terms per acre, at whichperpetual water rights will be sold to settlers on the land to be reclaimed,said perpetual rights to embrace a proportionate interest in the canal or otherirrigation works, together with all rights and franchises attached thereto. Inthe case of incorporated companies, it shall state the name of the company, thepurpose of its incorporation, the names and places of residence of itsdirectors and officers, the amount of its authorized and its paid-up capital.If the applicant is not an incorporated company, the proposal shall set forththe name or names of the party or parties, and such other facts as will enablethe board to determine his or their financial ability to carry out the proposedundertaking.
36-7-302. Guaranty; forfeiture.
Theboard shall have authority to prescribe that each request and proposal shall beaccompanied by a certified check in an amount to be designated by the board,the same to be held as a guarantee of the execution of the contract with thestate in accordance with its terms by the parties submitting such proposals, incase of the approval of the same and selection of the land by the board and tobe forfeited to the state in case of failure of said parties to enter into acontract with the state in accordance with the provisions of this act.
36-7-303. Application for permit to appropriate water.
Theperson, company of persons, association or incorporated company, makingapplication to the board for the selection of lands by the state, shall havefiled with the state engineer an application for a permit to appropriate waterfor the reclamation of the lands described in the request to the board. Thisapplication shall be prepared in conformity with the provisions of W.S.41-3-613, 41-3-615, 41-4-501 through 41-4-512 and 41-4-517, except that thetime for beginning construction, as specified by W.S. 41-4-506 thereof, shallbegin within one (1) year from the date the lands, described in the saidrequest to the board, are segregated to the state. The maps showing theproposed irrigation works and the lands to be irrigated shall be prepared inaccordance with the regulations of the state engineer's office and the rules ofthe department of the interior.
36-7-304. Examination.
Immediatelyupon receipt of any request and proposal, as designated in W.S. 36-7-301, itshall be the duty of the director of the office of state lands and investmentsto examine the same, and ascertain if it complies with the rules of the boardand the regulations of the department of the interior. If it does not, it is tobe returned for correction, but if it does so comply, the director shall causeto be examined by an engineer in his office, the maps, plans, specificationsand surveys, to determine whether or not the proposed works are feasible,whether the proposed irrigation system is practicable and the best that can beprovided for the reclamation of said lands, whether there is sufficientunappropriated water in the source of supply to furnish an ample supply ofwater for the irrigation and reclamation of the lands described in suchproposal, whether the capacity of the proposed works is adequate to reclaim thelands described, whether or not the proposed cost of construction isreasonable, considering the area of land to be reclaimed, and whether or notthe lands proposed to be irrigated are desert in character, and such as may beproperly set apart under the provisions of the aforesaid act of congress andthe rules and regulations of the department of the interior thereunder.Whenever the director shall deem it necessary to obtain the desiredinformation, he shall cause a field examination of such project to be made byan engineer from his office. The state engineer shall afford to the director orthe engineers in his office, every facility to examine the records and files ofthe state engineer's office to obtain the desired information, and upon requestof the director, and without charge, shall furnish all information as to waterpermits issued, and concerning the water supply for such proposed irrigationsystem, and furnish such reports as may be called for by the director, or theinterior department.
36-7-305. Submission for consideration; approval.
Wheneverthe director shall have made the investigation of such request and proposal ashe deems necessary, he shall submit such request and proposal, with the report ofsuch investigation, to the board for its consideration. In case of approval,the board shall instruct the director to file in the local land office, arequest for the withdrawal of the land described in said proposal.
36-7-306. Notification of nonapproval; resubmission.
Whenrequests and proposals are not approved by the board, the board shall notifythe parties making such proposal of such action, and the reason therefor. Theparties so notified shall have sixty (60) days in which to submit a satisfactoryproposal, but the board may, at its discretion, extend the time to six (6)months.
36-7-320. Duty to contract; contents; withdrawal of land and filing ofbond necessary.
Uponthe withdrawal of the land by the department of the interior, it shall be theduty of the board to enter into a contract with the parties submitting theproposal, which contract shall contain complete specifications of the location,dimensions, character and estimated cost of the proposed ditch, canal or otherirrigation work; the price and terms per acre at which such works and perpetualwater rights shall be sold to settlers; the price and terms upon which thestate is to dispose of the land to settlers; provided, that such price andterms for irrigation works, water rights and for lands to be disposed of by thestate to settlers shall, in all cases, be reasonable and just. This contractshall not be entered into on the part of the state until the withdrawal ofthese lands by the department of the interior and the filing of a satisfactorybond on the part of the proposed contractor for irrigation works, which bondshall be in a penal sum equal to five percent (5%) of the estimated cost of theworks, and to be conditioned for the faithful performance of the provisions ofthe contract with the state.
36-7-321. Terms.
Nocontract shall be made by the board which requires a greater time than five (5)years for the construction of the canal, works or irrigation system, and allcontracts shall be conditioned that active construction work shall begin withinsix (6) months from the date of the contract, and that at least one-tenth ofthe construction work shall be completed within one (1) year of the date of thecontract; that at least one-third of the construction work shall be completedwithin two (2) years from the date of the contract, and that construction shallbe prosecuted diligently and continuously to completion; and that a cessationof work under the contract with the state for a period of ninety (90) daysduring the months of May, June, July, August, September, October and November,after the second year will forfeit to the state all rights under the saidcontract.
36-7-322. Notice upon failure to fulfill; sale of incompleted works;option to complete.
Uponthe failure of any parties, having contracts with the state for theconstruction of irrigation works, to begin the same within the time specifiedby the contract, or to complete the same within the time or in accordance withthe specifications of the contract with the state, it shall be the duty of thedirector to give such parties written notice of such failure, and if, after aperiod of sixty (60) days from the sending of such notice, they shall havefailed to proceed with the work, or to conform to the specifications of theircontract with the state, unless said parties shall show to the satisfaction ofthe board good and sufficient reason for such delay and failure to completesaid works or conform to said specifications and demonstrate to thesatisfaction of said board their financial ability and intentions to proceedwith said work in good faith, the bond and contract of such parties and allwork constructed thereunder shall be at once and thereby forfeited to thestate, and it shall be the duty of the board at once so to declare and to givenotice once each week, for a period of four (4) weeks, in some newspaper ofgeneral circulation in the county in which the work is situated, and in one (1)newspaper at the state capital, in like manner and for a like period, of theforfeiture of said contract, and that upon a day fixed, proposals will bereceived at the office of state lands and investments in the capitol atCheyenne, for the purchase of the incompleted works and for the completion ofsaid contract; the time for receiving said bids to be at least sixty (60) dayssubsequent to the issuing of the last notice of forfeiture. The money receivedfrom the sale of partially completed works under the provisions of W.S.36-7-321, shall first be applied to the expenses incurred by the state in theirforfeiture and disposal; secondly, to satisfying the bond; and the surplus, ifany exists, shall be paid to the original contractors with the state; provided,however, that the board may, in its discretion, accept from any parties unablefor any reason to fulfill the terms of their contract with the state, the fullrelease, relinquishment and surrender of any rights acquired from the stateunder and by virtue of said contract, and may thereupon abrogate the same andrelease said parties from the conditions of the said contract and bond, and mayproceed in its discretion to enter into a new contract with other parties, ifsuch there be, for the completion of the works so surrendered.
36-7-323. State not responsible for contractor failures.
Nothingin this act shall be construed as authorizing the board to obligate the stateto pay for any work constructed under any contract, or to hold the state in anyway responsible to settlers for the failure of contractors to complete the workaccording to the terms of their contracts with the state.
36-7-324. Maps; lands subject to rights-of-way.
Themaps in the office of the board of the lands selected under the provisions ofthis act, shall show the location of the canals or other irrigation worksapproved in the contract with the board, and all lands filed upon shall besubject to the rights-of-way of such canals or irrigation works; saidrights-of-way to embrace the entire width of the canals, and such additionalwidth as may be required for their proper operation and maintenance, the widthof such rights-of-way to be specified in the contracts provided for in thisact.
36-7-325. Inspection of completed systems; application for patent.
Wheneverany person, firm or corporation constructing an irrigation system to reclaimlands under the Carey Act, shall notify the director that such irrigationsystem is completed, and that an ample supply of water is being delivered in asubstantial ditch or canal to the lands included in such segregation, or anyunit of such lands, the director shall cause an inspection to be made of suchconstructed system, and if he finds that said irrigation system has beenconstructed in a substantial manner, and in accordance with the plans andspecifications agreed upon, and that an ample supply of water is beingdelivered to such lands in a substantial ditch or canal, he shall immediatelyapply to the United States government for patent to such lands, and shallsubmit to the interior department, proof of the reclamation of such lands.
36-7-326. Assessments for operation; failure to pay; enforcement oflien; costs and fees; injunction bond.
Companies,associations, or corporations operating or controlling irrigation systems,ditches, or reservoirs or other devices for the distribution of water forirrigation shall be authorized to levy and collect such reasonable andnecessary assessments for the cost of operation, maintenance, repairs and improvementsof such irrigation systems, ditches or reservoirs, and for the purpose ofrepaying money borrowed for such purposes, as may be authorized by a majorityof the members of such companies, or associations, or fixed in the mannerprovided by the bylaws of such corporation. Payment of such assessments shallbe the necessary requisite for the use of such reservoirs, irrigation systemsor ditches for the storage or conveyance of water for the lands deeded ordescribed in contracts for or deeds to proportionate interests in suchreservoirs, irrigation systems and ditches upon which assessments are made, andin the event such assessments remain due and unpaid more than ten (10) daysafter the date fixed as the date of payment for the purpose, such companies, associationsand corporations are authorized to close down any headgate or other divertingor measuring device used by any delinquent, or by any person in possession ofor using such lands, and to refuse to allow the use of such reservoirs,irrigation systems and ditches for the purpose of storing water for orconveying water to the lands of such delinquents and refuse such delinquentsthe right to vote at any meeting of such company, association, or corporation,until such repair or maintenance assessment shall have been paid. Suchcompanies, associations and corporations shall have a lien upon theproportionate interest in such reservoirs, irrigation systems and ditches,which shall become a first lien upon the lands deeded or described in contractsfor or deeds to such proportionate interests for the amount of any unpaidassessments which may be enforced in a court of competent jurisdiction, as inthe case of other liens. In all suits or actions to obtain a judgment on suchaccount and to enforce the lien, when the plaintiff or complainant shall obtainjudgment or decree, the costs, together with twenty-five dollars ($25.00) forattorney's fees, shall be taxed or recovered from the adverse party. Norestraining order, or order of injunction shall be issued against any suchcompany, association or corporation unless applicant for same shall file asufficient bond conditioned upon the immediate payment of all delinquentassessments if such shall be found by a competent court to be reasonable andjust. This act [section] shall include all lands under any of the above namedsystems if water has been used or is being used in any one irrigation seasonand providing that water is in said canal, reservoir or ditches, subject to useof owners.
ARTICLE 4 - SETTLEMENT OF LANDS
36-7-401. Notice lands open for settlement.
Uponreceipt of notice by the contracting company that water for beneficialirrigation can be furnished for all or any part of the lands in any segregationlist at stated time, it being shown to the satisfaction of the board that thecontracting company will be able to deliver water at the said time, it shall bethe duty of the board, by publication, at the expense of the contractingcompany, in one (1) newspaper in the county in which said lands are situatedand such other newspaper or newspapers as may be designated by the contractingcompany, to give notice that certain lands, generally described, are open forsettlement; that the land will be sold at fifty cents ($.50) per acre by thestate and that proportionate interests in the irrigation system for a perpetualwater supply can be purchased at the price named and water for beneficialirrigation can be furnished on the date named, and such other information asthe board shall deem advisable.
36-7-402. Proceeds earmarked for reclamation.
Pursuantto the act of congress, approved August 18, 1894 (28 Stat., 372-422), allmoneys received by the state of Wyoming from the payments of fifty cents ($.50)an acre received on lands segregated under what is commonly known as the CareyAct, and all moneys received as fees pursuant to operations of the Carey Act,are hereby appropriated for the purpose of reclaiming school or granted landsbelonging to the state of Wyoming, and lands which may be hereafter granted orselected for the said state of Wyoming for any purpose whatsoever.
36-7-403. Application for entry; certificate of location; payments.
Anyadult citizen of the United States or any adult person having declared hisintention of becoming a citizen of the United States, may make application,under oath, to the board, to enter any of said land in an amount not to exceedone hundred and sixty (160) acres for any one (1) person; and such applicationshall set forth that the person desiring to make such entry does so for thepurpose of actual reclamation, cultivation and settlement in accordance withthe act of congress and the laws of this state relating thereto, and that theapplicant has never received the benefit of the provisions of this act to anamount greater than one hundred and sixty (160) acres, including the number ofacres specified in the application under consideration. Such application mustbe accompanied by an original signed copy or a certified copy of a contract fora water right, made and entered into by the party making the application withthe person, company or association who have been authorized by the board tofurnish water for the reclamation of said lands, or, if the person, company orassociation who has been authorized by the board to furnish water for thereclamation of said lands is not the owner of the water right attached andappurtenant to the land upon which the applicant seeks to file, then, with thebona fide owner of said water right; such application for entry shall be madewithin thirty (30) days from the time the applicant shall have contracted withthe owners of the water right attached and appurtenant to the land for thepurchase of a proportionate interest in said water right, and it shall be theduty of the owners of the water rights to notify the director whenever theyhave contracted with applicants for the purchase of proportionate interests insaid water rights; and if said applicant has at any previous time entered landsunder the provisions of this article, he shall so state in his application,together with description, date of entry and location of said land. The boardshall thereupon file in its office the application and papers relating thereto,and, if allowed, issue a certificate of location to the applicant. Allapplications for entry shall be accompanied by a payment of twenty-five cents($.25) per acre, which shall be paid as a partial payment on the land if theapplication is allowed; and all certificates when issued shall be recorded in abook to be kept for that purpose. If the application is not allowed, thetwenty-five cents ($.25) per acre accompanying it shall be returned to theapplicant; provided, that where the construction company fails to furnish waterto any settler under the provisions of its contract with the state, the stateshall refund to such settler, all payments that he shall have made to thestate. The board shall dispose of all lands accepted by the state under theprovisions of this article at a uniform price of fifty cents ($.50) per acre,half to be paid at the time of entry and the remainder at the time of makingfinal proof by the settler; and, provided, further, that whenever any citizenof the United States, or any person having declared his intention of becoming acitizen of the United States, shall make application as provided in thissection to enter any of said land in an amount not exceeding one hundred andsixty (160) acres, and shall further prove to the satisfaction of the boardthat he or she is the father or mother of eight (8) living children, it shallbe the duty of the board to permit the application for entry by him or herwithout charge and to issue a certificate of location to such applicant withoutcharge, and to dispose of such lands to said applicant upon final proof beingmade.
36-7-404. Final proof of reclamation; fee and last payment; right topatent; failure to timely prove.
Withinthree (3) years from the date of the certificate of location issued to anentryman on the Carey Act lands, the entryman shall appear before the director,who is hereby authorized to administer oaths in matters pertaining to the stateof Carey Act lands in Wyoming, a judge or clerk of the district or circuitcourt of any state, or commissioner of the United States district court, andmake final proof of reclamation, settlement, and occupation, which proof shallembrace evidence that he has a perpetual water right for the irrigable area ofthe tract of land so filed upon, sufficient in volume for the completeirrigation and reclamation thereof, and has cultivated and irrigated not lessthan one-fourth part of the irrigable area of said tract and not less thanone-eighth of the entire tract filed upon, that he has resided upon the landfor the period of time required by the rules of the board, and such furtherproof, if any, as may be required by the regulations of the department of theinterior, or the board. The officer taking this proof shall be entitled to afee of two dollars ($2.00), which fee shall be paid by the entryman, and shallbe in addition to the price paid to the state for the land. All proofs soreceived shall be submitted by the director to the board, and shall beaccompanied by the last and final payment for said land, and on the approval ofthe same by the said board, shall entitle the said entryman to a patent to saidland, whenever said land shall be patented by the United States to the state;provided, that when the director shall take such final proofs, all feesreceived by him shall be turned in to the state treasury; provided further,that when an entryman fails to make final proof within three (3) years from thedate of the issuance of the certificate of location, the board may in itsdiscretion, after (60) days' notice is given to the entryman by registeredletter to his last known address, cancel the certificate of location anddeclare the land covered by such certificate open to entry.
36-7-405. Issuance of patent to heir.
Wherean entryman upon Carey Act lands, who has made valid final proof thereon, diesbefore the state has issued patent therefor, patent when issued, shall issue inthe name of the heir of the estate of such deceased entryman.
36-7-406. Final proof by heirs; devise or descent of entry.
Inall cases where lands have been entered under the provisions of W.S. 36-7-403,and the entryman has died prior to the making of final proof of reclamation,settlement, and occupation, proof of reclamation may be made by an heir, andproof of settlement and occupation may be made by such person, or persons, orby an agent thereof, and patent when issued shall issue in the name of theheirs of the estate of such deceased entryman. Any such entry may be devised orshall descend as other real estate.
36-7-407. Issuance of patents.
Uponthe issuance of a patent to any lands by the United States to the state, noticeshall be forwarded to the settler upon such land. It shall be the duty of theboard, under the signature of its president, and attested by its secretary, toissue a patent to said lands from the state to the settler.
ARTICLE 5 - WATER RIGHTS AND LIENS
36-7-501. When water rights attach to land.
Thewater rights to all lands acquired under the provisions of this act shallattach to and become appurtenant to the land as soon as title passes from theUnited States to the state.
36-7-502. First and prior lien on water right.
Anyperson, company or association furnishing water for any tract of land shallhave a first and prior lien on said water right and land upon which said wateris used, for all deferred payments for said water right; said lien to be in allrespects prior to any and all other liens created or attempted to be created bythe owner and possessor of said land; said lien to remain in full force andeffect until the last deferred payment for the water right is fully paid andsatisfied according to the terms of the contract under which said water rightwas acquired.
36-7-503. Recording of contract; foreclosure of lien.
Thecontract for the water right upon which the aforesaid lien is founded, whetherheretofore or hereafter executed, shall be recorded in the office of the countyclerk of the county where said land is situate; and upon the default of any ofthe deferred payments secured by any lien under the provisions of this article,the person, company of persons, association or incorporated company holding orowning said lien, may, within ten (10) years after the last maturing deferredpayment secured by such lien shall have become due, foreclose the sameaccording to the terms and conditions of the contract granting and selling tothe settler the water right.
36-7-504. Notice and place of foreclosure sale; duties of sheriff;limitation on bids.
Allsales shall be advertised in a newspaper of general circulation, published inthe county where said land and water right is situate for six (6) consecutiveweeks, and shall be sold to the highest bidder at the front door of thecourthouse of the county, or such place as may be agreed upon by the terms ofthe aforesaid contract. And the sheriff of said county shall in all such casesgive all notices of sale and shall sell all such land and water rights andshall make and execute a certificate of sale to the purchaser thereof, and atsuch sale no person, company of persons, association or incorporated company,owning and holding any lien shall bid in or purchase any land or water right ata greater price than the amount due on said deferred payment for said waterright and land, and the costs incurred in making the sale of said land andwater right.
36-7-505. Redemption.
Atany time within nine (9) months after the foreclosure sale by the sheriff, ofthe land and water rights as aforesaid, the original owner against whom thelien has been foreclosed, may apply to the person, company of persons,association or incorporated company purchasing at such sale, to redeem suchland and water rights, and the purchaser shall assign the certificate of saleof such land and water rights to such original owner, upon the payment by himwithin such nine (9) months, of the amount of the lien for which the same wassold at such foreclosure sale, together with the interest, costs and fixedcharges thereon. Where the lienholder becomes the purchaser at such foreclosuresale, if such lands and water rights are not redeemed by the original ownerwithin nine (9) months, then at any time within three (3) months after theexpiration of such nine (9) months, any person desiring to settle upon and usesuch land and water rights, may apply to the purchaser at such foreclosure saleto redeem such land and water rights, and such purchaser shall assign thecertificate of sale of such land and water rights to the person desiring toredeem the same, upon the payment by him, within such three (3) months, of theamount of the lien for which the same was sold at such foreclosure sale,together with the interest, costs and fixed charges thereon.
36-7-506. Redemption; recording certificate of sale.
Uponissuing any certificate of sale, it shall be the duty of the sheriff to filefor record in the office of the county clerk of the county where such land issituated, a certified copy of such certificate of sale, and in case theoriginal owner shall redeem the land and water rights sold as aforesaid, heshall file for record in the office of such county clerk, the certificate ofsale assigned to him by the purchaser as aforesaid, upon his redemption of suchland and water rights.
36-7-507. Redemption; issuance of deed.
Incase the land and water rights shall be redeemed by any person other than theoriginal owner, the sheriff shall, upon presentation of such certificate, issuea deed for such land and water rights to the person so redeeming the same. Ifthe land and water rights shall not be redeemed by any person within the timeand in the manner hereinbefore provided, it shall be the duty of the sheriff,upon presentation of the certificate of sale by the original purchaser, toissue a deed to such purchaser.
36-7-508. Proceeds of foreclosure sale; fees of sheriff.
Wheresuch lands and water rights are not purchased by the lienholder of suchforeclosure sale, it shall be the duty of the sheriff to first pay thelienholder out of the proceeds of such sale, the amount of the lien togetherwith all interest, costs and fixed charges thereon, and to pay any balanceremaining to the person against whom such lien has been foreclosed, and for hisservices in such cases the sheriff shall receive the same fees as are providedby law in civil cases.
36-7-509. Authority to purchase water rights; lease and sale;disposition of moneys received.
(a) The board of land commissioners is hereby authorized topurchase water rights or proportionate interests in canals, reservoirs orirrigation systems for the purpose of reclaiming school and other grantedlands. Lands for which water rights become appurtenant may be leased by theboard at a price which will return an equitable income, or may be sold upon thefollowing terms and conditions:
(i) The land shall be offered at public auction at the frontdoor of the courthouse of the county in which the land is situated, after beingadvertised for four (4) weeks, as required by law;
(ii) Thirty percent (30%) of the purchase price of the land mustbe paid in cash on the day of sale;
(iii) The purchaser shall, before the sale is consummated, enterinto a contract for the purchase of a water right or proportionate interest inthe irrigation system which will supply water for the said land, which may beconditioned on not to exceed twenty (20) annual payments with interest at sixpercent (6%) per annum;
(iv) Delinquent payments shall bear interest at the rate ofeight percent (8%) per annum until paid.
(b) Moneys received for the sale of land, and the interestthereon, shall be placed in the proper permanent land fund account inaccordance with the purpose for which the land was granted to the state. Moneysreceived from the sale of water right contracts and the interest thereon shallbe turned in to the state treasury to the credit of the general fund.
36-7-510. Filing of reports for future use.
Theboard of land commissioners shall from time to time secure reports from thestate engineer or his deputies or assistants or from other qualified personscovering the lands for which it is proposed to secure water rights and landsfor which applications to purchase have been filed, and shall file same untilit shall seem to the advantage of the state to secure water rights for the saidland or to offer same for sale.
Thestate of Wyoming hereby accepts the conditions of 4 of an act of congressentitled "An act making appropriations for sundry civil expenses of thegovernment for the fiscal year ending June 30th, 1895, and for otherpurposes"; approved August 18th, A.D. 1894, together with all the grantsof land to the state under the provisions of the aforesaid act, and conditionsof Section 1 of an act of congress entitled, "An act making appropriationsfor sundry civil expenses of the government for the fiscal year ending June30th, 1897, and for other purposes"; approved June 11th, 1896, and theconditions of an act of congress entitled, "An act making appropriationsfor sundry civil expenses of the government for the fiscal year ending June30th, 1909, and for other purposes"; approved May 27th, 1908, providingfor the granting of an additional million (1,000,000) acres of land to thestate of Wyoming to be reclaimed as provided in the acts above mentioned, andall acts of congress and parts of acts of congress now or hereafter enacted bycongress for the reclamation of desert lands within the state of Wyoming,together with all the grants of land to the state of Wyoming, and any and allinterests therein, with all rights and privileges thereunder, under theprovisions of the aforesaid acts or parts of acts.
36-7-102. Selection, management and disposal of lands.
Theselection, management and disposal of said land shall be vested in the stateboard of land commissioners, as constituted by section 3 of article 18 of theconstitution of the state of Wyoming. Said state board of land commissionersshall be hereinafter designated as "the board".
36-7-103. Institution of legal proceedings.
Allsuits or actions brought by the board, under the provisions of this act, shallbe instituted by the board, in the name of the people of the state of Wyoming.
36-7-104. Disposition of forfeitures.
Allmoneys received by the state of Wyoming as proceeds from forfeited bonds,pledges or other forfeitures of whatsoever kind in connection with theoperations under the act commonly known as the "Carey Act" shallbecome a part of the general fund.
ARTICLE 2 - BOARD OF LAND COMMISSIONERS
36-7-201. Meetings; president; duty; quorum.
Theboard shall meet at least once in each month, at such time as the board mayprescribe, for the transaction of business. The governor shall be president ofthe board, and it shall be his duty to sign all contracts, papers or documentsthat shall be approved, made or directed by the board. Provided, however, thatall leases approved or directed to be entered into by the board of landcommissioners may be signed for and on behalf of the state by the director. Amajority of the board shall constitute a quorum for the transaction of any andall business; and in the absence of the governor, one (1) of the other membersmay act as president pro tempore and may preside at such meeting.
36-7-202. Special meetings; duties of secretary.
Thepresident shall have the power to call a special meeting, if in his judgment,public good requires the same to be done for any purpose contemplated in thischapter, or any other chapter prescribing the duty of said board; and such callmay be either a personal or written notice. The object of such meeting shall bemade a matter of record by the secretary of the board. The director shall bethe secretary of such board, and it shall be his duty to keep a careful recordof the transactions of such board in a substantially bound book to be kept forthat purpose, and which shall be known as the record and proceedings of theboard of land commissioners as to Carey Act matters. The secretary shallcountersign all papers, instruments or documents approved, made or directed bythe board bearing the signature of the president.
36-7-203. Office; duties of director.
Theboard shall have an office in Cheyenne. The director shall be in charge of theoffice. He shall have the custody of the records of the board; shall receiveand file all proposals for the construction of irrigation works to reclaimlands selected under the provisions of this act; prepare and keep for publicinspection maps or plats, on a scale of two (2) inches to the mile, of alllands selected; receive entries of settlers on these lands, and hear or receivethe final proof of their reclamation, and do any and all work required by theboard in carrying out the provisions of this act. He shall have authority toadminister oaths whenever necessary in the performance of his duties.
36-7-204. Rules; copies of maps, plats and contracts; annual report ofcontractors; waiver of rules.
Theboard shall provide suitable rules for the filing of proposals for constructingirrigation works, and for the entry of and payment for the land by settlers,and for the forfeiting of entry by settlers upon failure to comply with theprovisions of this act. There shall be kept in the office of the board, forpublic inspection, copies of all maps, plats, contracts for the construction ofirrigation works, and of the entries of land by settlers. It shall require fromeach person, company of persons, association or incorporated company engaged inthe construction of irrigation works, under the provisions of this act, anannual report, to be submitted to the board on or before November first of eachyear. This report shall show the number of water rights sold, the number ofusers of water under said irrigation works, the legal subdivisions of land forwhich water is to be furnished, the names of the officers of the company, theacreage of land which the said irrigation works is prepared to supply withwater, and such other data as the board sees fit to require. The rules requiredby this section may be waived in the case of irrigation works being constructedby a person, colony or association of persons to furnish water for land settledupon and being reclaimed by themselves.
36-7-205. Duties of employees; fees.
Theboard shall prescribe the duties of all its employees and shall collect thefollowing fees: for filing each application, one dollar ($1.00); for filingeach final proof, one dollar ($1.00); for issuing each patent, one dollar($1.00); for making certified copies of papers or records, the same fees asprovided for to be charged by the secretary of state for like services. Themoney collected for fees shall be paid to the treasurer of the state and by himcredited to the general fund.
36-7-206. Annual report.
Theboard shall issue, on or before November thirtieth of each year, a reportsetting forth in detail the names, location and character of the irrigationworks in process of construction, the acreage and legal subdivisions of landintended to be reclaimed, the estimated cost of said irrigation works, theprice of water rights from such irrigation works, and the terms of payment forboth water rights and land. Not less than five thousand (5,000) copies of suchreport shall be printed for gratuitous distribution.
36-7-207. Grants of rights-of-way to counties.
Theboard of land commissioners is hereby empowered, under such terms andregulations as may be provided by it, to grant to the counties of this state,either temporary or permanent rights-of-way for roads and highways, over andacross lands ceded to the state under the provisions of an act approved August18, 1894, known as the Carey Act, and the title to which lands is still vestedin the state at the time such grant is made.
ARTICLE 3 - RECLAMATION OF LAND
36-7-301. Requisites; contents.
Anyperson, company of persons, association or incorporated company constructing,having constructed or desiring to construct ditches, canals or other irrigationworks to reclaim land under the provisions of this act shall file with theboard a request for the selection on behalf of the state by the board, of theland to be reclaimed, designating said land by legal subdivisions. This requestshall be accompanied by a proposal to construct the ditch, canal or otherirrigation works necessary for the complete reclamation of the land asked to beselected. The proposal shall be prepared in accordance with the rules of theboard and with the regulations of the department of the interior. It shallstate the source of water supply, the location and dimensions of the proposedworks, the estimated cost thereof, the price and terms per acre, at whichperpetual water rights will be sold to settlers on the land to be reclaimed,said perpetual rights to embrace a proportionate interest in the canal or otherirrigation works, together with all rights and franchises attached thereto. Inthe case of incorporated companies, it shall state the name of the company, thepurpose of its incorporation, the names and places of residence of itsdirectors and officers, the amount of its authorized and its paid-up capital.If the applicant is not an incorporated company, the proposal shall set forththe name or names of the party or parties, and such other facts as will enablethe board to determine his or their financial ability to carry out the proposedundertaking.
36-7-302. Guaranty; forfeiture.
Theboard shall have authority to prescribe that each request and proposal shall beaccompanied by a certified check in an amount to be designated by the board,the same to be held as a guarantee of the execution of the contract with thestate in accordance with its terms by the parties submitting such proposals, incase of the approval of the same and selection of the land by the board and tobe forfeited to the state in case of failure of said parties to enter into acontract with the state in accordance with the provisions of this act.
36-7-303. Application for permit to appropriate water.
Theperson, company of persons, association or incorporated company, makingapplication to the board for the selection of lands by the state, shall havefiled with the state engineer an application for a permit to appropriate waterfor the reclamation of the lands described in the request to the board. Thisapplication shall be prepared in conformity with the provisions of W.S.41-3-613, 41-3-615, 41-4-501 through 41-4-512 and 41-4-517, except that thetime for beginning construction, as specified by W.S. 41-4-506 thereof, shallbegin within one (1) year from the date the lands, described in the saidrequest to the board, are segregated to the state. The maps showing theproposed irrigation works and the lands to be irrigated shall be prepared inaccordance with the regulations of the state engineer's office and the rules ofthe department of the interior.
36-7-304. Examination.
Immediatelyupon receipt of any request and proposal, as designated in W.S. 36-7-301, itshall be the duty of the director of the office of state lands and investmentsto examine the same, and ascertain if it complies with the rules of the boardand the regulations of the department of the interior. If it does not, it is tobe returned for correction, but if it does so comply, the director shall causeto be examined by an engineer in his office, the maps, plans, specificationsand surveys, to determine whether or not the proposed works are feasible,whether the proposed irrigation system is practicable and the best that can beprovided for the reclamation of said lands, whether there is sufficientunappropriated water in the source of supply to furnish an ample supply ofwater for the irrigation and reclamation of the lands described in suchproposal, whether the capacity of the proposed works is adequate to reclaim thelands described, whether or not the proposed cost of construction isreasonable, considering the area of land to be reclaimed, and whether or notthe lands proposed to be irrigated are desert in character, and such as may beproperly set apart under the provisions of the aforesaid act of congress andthe rules and regulations of the department of the interior thereunder.Whenever the director shall deem it necessary to obtain the desiredinformation, he shall cause a field examination of such project to be made byan engineer from his office. The state engineer shall afford to the director orthe engineers in his office, every facility to examine the records and files ofthe state engineer's office to obtain the desired information, and upon requestof the director, and without charge, shall furnish all information as to waterpermits issued, and concerning the water supply for such proposed irrigationsystem, and furnish such reports as may be called for by the director, or theinterior department.
36-7-305. Submission for consideration; approval.
Wheneverthe director shall have made the investigation of such request and proposal ashe deems necessary, he shall submit such request and proposal, with the report ofsuch investigation, to the board for its consideration. In case of approval,the board shall instruct the director to file in the local land office, arequest for the withdrawal of the land described in said proposal.
36-7-306. Notification of nonapproval; resubmission.
Whenrequests and proposals are not approved by the board, the board shall notifythe parties making such proposal of such action, and the reason therefor. Theparties so notified shall have sixty (60) days in which to submit a satisfactoryproposal, but the board may, at its discretion, extend the time to six (6)months.
36-7-320. Duty to contract; contents; withdrawal of land and filing ofbond necessary.
Uponthe withdrawal of the land by the department of the interior, it shall be theduty of the board to enter into a contract with the parties submitting theproposal, which contract shall contain complete specifications of the location,dimensions, character and estimated cost of the proposed ditch, canal or otherirrigation work; the price and terms per acre at which such works and perpetualwater rights shall be sold to settlers; the price and terms upon which thestate is to dispose of the land to settlers; provided, that such price andterms for irrigation works, water rights and for lands to be disposed of by thestate to settlers shall, in all cases, be reasonable and just. This contractshall not be entered into on the part of the state until the withdrawal ofthese lands by the department of the interior and the filing of a satisfactorybond on the part of the proposed contractor for irrigation works, which bondshall be in a penal sum equal to five percent (5%) of the estimated cost of theworks, and to be conditioned for the faithful performance of the provisions ofthe contract with the state.
36-7-321. Terms.
Nocontract shall be made by the board which requires a greater time than five (5)years for the construction of the canal, works or irrigation system, and allcontracts shall be conditioned that active construction work shall begin withinsix (6) months from the date of the contract, and that at least one-tenth ofthe construction work shall be completed within one (1) year of the date of thecontract; that at least one-third of the construction work shall be completedwithin two (2) years from the date of the contract, and that construction shallbe prosecuted diligently and continuously to completion; and that a cessationof work under the contract with the state for a period of ninety (90) daysduring the months of May, June, July, August, September, October and November,after the second year will forfeit to the state all rights under the saidcontract.
36-7-322. Notice upon failure to fulfill; sale of incompleted works;option to complete.
Uponthe failure of any parties, having contracts with the state for theconstruction of irrigation works, to begin the same within the time specifiedby the contract, or to complete the same within the time or in accordance withthe specifications of the contract with the state, it shall be the duty of thedirector to give such parties written notice of such failure, and if, after aperiod of sixty (60) days from the sending of such notice, they shall havefailed to proceed with the work, or to conform to the specifications of theircontract with the state, unless said parties shall show to the satisfaction ofthe board good and sufficient reason for such delay and failure to completesaid works or conform to said specifications and demonstrate to thesatisfaction of said board their financial ability and intentions to proceedwith said work in good faith, the bond and contract of such parties and allwork constructed thereunder shall be at once and thereby forfeited to thestate, and it shall be the duty of the board at once so to declare and to givenotice once each week, for a period of four (4) weeks, in some newspaper ofgeneral circulation in the county in which the work is situated, and in one (1)newspaper at the state capital, in like manner and for a like period, of theforfeiture of said contract, and that upon a day fixed, proposals will bereceived at the office of state lands and investments in the capitol atCheyenne, for the purchase of the incompleted works and for the completion ofsaid contract; the time for receiving said bids to be at least sixty (60) dayssubsequent to the issuing of the last notice of forfeiture. The money receivedfrom the sale of partially completed works under the provisions of W.S.36-7-321, shall first be applied to the expenses incurred by the state in theirforfeiture and disposal; secondly, to satisfying the bond; and the surplus, ifany exists, shall be paid to the original contractors with the state; provided,however, that the board may, in its discretion, accept from any parties unablefor any reason to fulfill the terms of their contract with the state, the fullrelease, relinquishment and surrender of any rights acquired from the stateunder and by virtue of said contract, and may thereupon abrogate the same andrelease said parties from the conditions of the said contract and bond, and mayproceed in its discretion to enter into a new contract with other parties, ifsuch there be, for the completion of the works so surrendered.
36-7-323. State not responsible for contractor failures.
Nothingin this act shall be construed as authorizing the board to obligate the stateto pay for any work constructed under any contract, or to hold the state in anyway responsible to settlers for the failure of contractors to complete the workaccording to the terms of their contracts with the state.
36-7-324. Maps; lands subject to rights-of-way.
Themaps in the office of the board of the lands selected under the provisions ofthis act, shall show the location of the canals or other irrigation worksapproved in the contract with the board, and all lands filed upon shall besubject to the rights-of-way of such canals or irrigation works; saidrights-of-way to embrace the entire width of the canals, and such additionalwidth as may be required for their proper operation and maintenance, the widthof such rights-of-way to be specified in the contracts provided for in thisact.
36-7-325. Inspection of completed systems; application for patent.
Wheneverany person, firm or corporation constructing an irrigation system to reclaimlands under the Carey Act, shall notify the director that such irrigationsystem is completed, and that an ample supply of water is being delivered in asubstantial ditch or canal to the lands included in such segregation, or anyunit of such lands, the director shall cause an inspection to be made of suchconstructed system, and if he finds that said irrigation system has beenconstructed in a substantial manner, and in accordance with the plans andspecifications agreed upon, and that an ample supply of water is beingdelivered to such lands in a substantial ditch or canal, he shall immediatelyapply to the United States government for patent to such lands, and shallsubmit to the interior department, proof of the reclamation of such lands.
36-7-326. Assessments for operation; failure to pay; enforcement oflien; costs and fees; injunction bond.
Companies,associations, or corporations operating or controlling irrigation systems,ditches, or reservoirs or other devices for the distribution of water forirrigation shall be authorized to levy and collect such reasonable andnecessary assessments for the cost of operation, maintenance, repairs and improvementsof such irrigation systems, ditches or reservoirs, and for the purpose ofrepaying money borrowed for such purposes, as may be authorized by a majorityof the members of such companies, or associations, or fixed in the mannerprovided by the bylaws of such corporation. Payment of such assessments shallbe the necessary requisite for the use of such reservoirs, irrigation systemsor ditches for the storage or conveyance of water for the lands deeded ordescribed in contracts for or deeds to proportionate interests in suchreservoirs, irrigation systems and ditches upon which assessments are made, andin the event such assessments remain due and unpaid more than ten (10) daysafter the date fixed as the date of payment for the purpose, such companies, associationsand corporations are authorized to close down any headgate or other divertingor measuring device used by any delinquent, or by any person in possession ofor using such lands, and to refuse to allow the use of such reservoirs,irrigation systems and ditches for the purpose of storing water for orconveying water to the lands of such delinquents and refuse such delinquentsthe right to vote at any meeting of such company, association, or corporation,until such repair or maintenance assessment shall have been paid. Suchcompanies, associations and corporations shall have a lien upon theproportionate interest in such reservoirs, irrigation systems and ditches,which shall become a first lien upon the lands deeded or described in contractsfor or deeds to such proportionate interests for the amount of any unpaidassessments which may be enforced in a court of competent jurisdiction, as inthe case of other liens. In all suits or actions to obtain a judgment on suchaccount and to enforce the lien, when the plaintiff or complainant shall obtainjudgment or decree, the costs, together with twenty-five dollars ($25.00) forattorney's fees, shall be taxed or recovered from the adverse party. Norestraining order, or order of injunction shall be issued against any suchcompany, association or corporation unless applicant for same shall file asufficient bond conditioned upon the immediate payment of all delinquentassessments if such shall be found by a competent court to be reasonable andjust. This act [section] shall include all lands under any of the above namedsystems if water has been used or is being used in any one irrigation seasonand providing that water is in said canal, reservoir or ditches, subject to useof owners.
ARTICLE 4 - SETTLEMENT OF LANDS
36-7-401. Notice lands open for settlement.
Uponreceipt of notice by the contracting company that water for beneficialirrigation can be furnished for all or any part of the lands in any segregationlist at stated time, it being shown to the satisfaction of the board that thecontracting company will be able to deliver water at the said time, it shall bethe duty of the board, by publication, at the expense of the contractingcompany, in one (1) newspaper in the county in which said lands are situatedand such other newspaper or newspapers as may be designated by the contractingcompany, to give notice that certain lands, generally described, are open forsettlement; that the land will be sold at fifty cents ($.50) per acre by thestate and that proportionate interests in the irrigation system for a perpetualwater supply can be purchased at the price named and water for beneficialirrigation can be furnished on the date named, and such other information asthe board shall deem advisable.
36-7-402. Proceeds earmarked for reclamation.
Pursuantto the act of congress, approved August 18, 1894 (28 Stat., 372-422), allmoneys received by the state of Wyoming from the payments of fifty cents ($.50)an acre received on lands segregated under what is commonly known as the CareyAct, and all moneys received as fees pursuant to operations of the Carey Act,are hereby appropriated for the purpose of reclaiming school or granted landsbelonging to the state of Wyoming, and lands which may be hereafter granted orselected for the said state of Wyoming for any purpose whatsoever.
36-7-403. Application for entry; certificate of location; payments.
Anyadult citizen of the United States or any adult person having declared hisintention of becoming a citizen of the United States, may make application,under oath, to the board, to enter any of said land in an amount not to exceedone hundred and sixty (160) acres for any one (1) person; and such applicationshall set forth that the person desiring to make such entry does so for thepurpose of actual reclamation, cultivation and settlement in accordance withthe act of congress and the laws of this state relating thereto, and that theapplicant has never received the benefit of the provisions of this act to anamount greater than one hundred and sixty (160) acres, including the number ofacres specified in the application under consideration. Such application mustbe accompanied by an original signed copy or a certified copy of a contract fora water right, made and entered into by the party making the application withthe person, company or association who have been authorized by the board tofurnish water for the reclamation of said lands, or, if the person, company orassociation who has been authorized by the board to furnish water for thereclamation of said lands is not the owner of the water right attached andappurtenant to the land upon which the applicant seeks to file, then, with thebona fide owner of said water right; such application for entry shall be madewithin thirty (30) days from the time the applicant shall have contracted withthe owners of the water right attached and appurtenant to the land for thepurchase of a proportionate interest in said water right, and it shall be theduty of the owners of the water rights to notify the director whenever theyhave contracted with applicants for the purchase of proportionate interests insaid water rights; and if said applicant has at any previous time entered landsunder the provisions of this article, he shall so state in his application,together with description, date of entry and location of said land. The boardshall thereupon file in its office the application and papers relating thereto,and, if allowed, issue a certificate of location to the applicant. Allapplications for entry shall be accompanied by a payment of twenty-five cents($.25) per acre, which shall be paid as a partial payment on the land if theapplication is allowed; and all certificates when issued shall be recorded in abook to be kept for that purpose. If the application is not allowed, thetwenty-five cents ($.25) per acre accompanying it shall be returned to theapplicant; provided, that where the construction company fails to furnish waterto any settler under the provisions of its contract with the state, the stateshall refund to such settler, all payments that he shall have made to thestate. The board shall dispose of all lands accepted by the state under theprovisions of this article at a uniform price of fifty cents ($.50) per acre,half to be paid at the time of entry and the remainder at the time of makingfinal proof by the settler; and, provided, further, that whenever any citizenof the United States, or any person having declared his intention of becoming acitizen of the United States, shall make application as provided in thissection to enter any of said land in an amount not exceeding one hundred andsixty (160) acres, and shall further prove to the satisfaction of the boardthat he or she is the father or mother of eight (8) living children, it shallbe the duty of the board to permit the application for entry by him or herwithout charge and to issue a certificate of location to such applicant withoutcharge, and to dispose of such lands to said applicant upon final proof beingmade.
36-7-404. Final proof of reclamation; fee and last payment; right topatent; failure to timely prove.
Withinthree (3) years from the date of the certificate of location issued to anentryman on the Carey Act lands, the entryman shall appear before the director,who is hereby authorized to administer oaths in matters pertaining to the stateof Carey Act lands in Wyoming, a judge or clerk of the district or circuitcourt of any state, or commissioner of the United States district court, andmake final proof of reclamation, settlement, and occupation, which proof shallembrace evidence that he has a perpetual water right for the irrigable area ofthe tract of land so filed upon, sufficient in volume for the completeirrigation and reclamation thereof, and has cultivated and irrigated not lessthan one-fourth part of the irrigable area of said tract and not less thanone-eighth of the entire tract filed upon, that he has resided upon the landfor the period of time required by the rules of the board, and such furtherproof, if any, as may be required by the regulations of the department of theinterior, or the board. The officer taking this proof shall be entitled to afee of two dollars ($2.00), which fee shall be paid by the entryman, and shallbe in addition to the price paid to the state for the land. All proofs soreceived shall be submitted by the director to the board, and shall beaccompanied by the last and final payment for said land, and on the approval ofthe same by the said board, shall entitle the said entryman to a patent to saidland, whenever said land shall be patented by the United States to the state;provided, that when the director shall take such final proofs, all feesreceived by him shall be turned in to the state treasury; provided further,that when an entryman fails to make final proof within three (3) years from thedate of the issuance of the certificate of location, the board may in itsdiscretion, after (60) days' notice is given to the entryman by registeredletter to his last known address, cancel the certificate of location anddeclare the land covered by such certificate open to entry.
36-7-405. Issuance of patent to heir.
Wherean entryman upon Carey Act lands, who has made valid final proof thereon, diesbefore the state has issued patent therefor, patent when issued, shall issue inthe name of the heir of the estate of such deceased entryman.
36-7-406. Final proof by heirs; devise or descent of entry.
Inall cases where lands have been entered under the provisions of W.S. 36-7-403,and the entryman has died prior to the making of final proof of reclamation,settlement, and occupation, proof of reclamation may be made by an heir, andproof of settlement and occupation may be made by such person, or persons, orby an agent thereof, and patent when issued shall issue in the name of theheirs of the estate of such deceased entryman. Any such entry may be devised orshall descend as other real estate.
36-7-407. Issuance of patents.
Uponthe issuance of a patent to any lands by the United States to the state, noticeshall be forwarded to the settler upon such land. It shall be the duty of theboard, under the signature of its president, and attested by its secretary, toissue a patent to said lands from the state to the settler.
ARTICLE 5 - WATER RIGHTS AND LIENS
36-7-501. When water rights attach to land.
Thewater rights to all lands acquired under the provisions of this act shallattach to and become appurtenant to the land as soon as title passes from theUnited States to the state.
36-7-502. First and prior lien on water right.
Anyperson, company or association furnishing water for any tract of land shallhave a first and prior lien on said water right and land upon which said wateris used, for all deferred payments for said water right; said lien to be in allrespects prior to any and all other liens created or attempted to be created bythe owner and possessor of said land; said lien to remain in full force andeffect until the last deferred payment for the water right is fully paid andsatisfied according to the terms of the contract under which said water rightwas acquired.
36-7-503. Recording of contract; foreclosure of lien.
Thecontract for the water right upon which the aforesaid lien is founded, whetherheretofore or hereafter executed, shall be recorded in the office of the countyclerk of the county where said land is situate; and upon the default of any ofthe deferred payments secured by any lien under the provisions of this article,the person, company of persons, association or incorporated company holding orowning said lien, may, within ten (10) years after the last maturing deferredpayment secured by such lien shall have become due, foreclose the sameaccording to the terms and conditions of the contract granting and selling tothe settler the water right.
36-7-504. Notice and place of foreclosure sale; duties of sheriff;limitation on bids.
Allsales shall be advertised in a newspaper of general circulation, published inthe county where said land and water right is situate for six (6) consecutiveweeks, and shall be sold to the highest bidder at the front door of thecourthouse of the county, or such place as may be agreed upon by the terms ofthe aforesaid contract. And the sheriff of said county shall in all such casesgive all notices of sale and shall sell all such land and water rights andshall make and execute a certificate of sale to the purchaser thereof, and atsuch sale no person, company of persons, association or incorporated company,owning and holding any lien shall bid in or purchase any land or water right ata greater price than the amount due on said deferred payment for said waterright and land, and the costs incurred in making the sale of said land andwater right.
36-7-505. Redemption.
Atany time within nine (9) months after the foreclosure sale by the sheriff, ofthe land and water rights as aforesaid, the original owner against whom thelien has been foreclosed, may apply to the person, company of persons,association or incorporated company purchasing at such sale, to redeem suchland and water rights, and the purchaser shall assign the certificate of saleof such land and water rights to such original owner, upon the payment by himwithin such nine (9) months, of the amount of the lien for which the same wassold at such foreclosure sale, together with the interest, costs and fixedcharges thereon. Where the lienholder becomes the purchaser at such foreclosuresale, if such lands and water rights are not redeemed by the original ownerwithin nine (9) months, then at any time within three (3) months after theexpiration of such nine (9) months, any person desiring to settle upon and usesuch land and water rights, may apply to the purchaser at such foreclosure saleto redeem such land and water rights, and such purchaser shall assign thecertificate of sale of such land and water rights to the person desiring toredeem the same, upon the payment by him, within such three (3) months, of theamount of the lien for which the same was sold at such foreclosure sale,together with the interest, costs and fixed charges thereon.
36-7-506. Redemption; recording certificate of sale.
Uponissuing any certificate of sale, it shall be the duty of the sheriff to filefor record in the office of the county clerk of the county where such land issituated, a certified copy of such certificate of sale, and in case theoriginal owner shall redeem the land and water rights sold as aforesaid, heshall file for record in the office of such county clerk, the certificate ofsale assigned to him by the purchaser as aforesaid, upon his redemption of suchland and water rights.
36-7-507. Redemption; issuance of deed.
Incase the land and water rights shall be redeemed by any person other than theoriginal owner, the sheriff shall, upon presentation of such certificate, issuea deed for such land and water rights to the person so redeeming the same. Ifthe land and water rights shall not be redeemed by any person within the timeand in the manner hereinbefore provided, it shall be the duty of the sheriff,upon presentation of the certificate of sale by the original purchaser, toissue a deed to such purchaser.
36-7-508. Proceeds of foreclosure sale; fees of sheriff.
Wheresuch lands and water rights are not purchased by the lienholder of suchforeclosure sale, it shall be the duty of the sheriff to first pay thelienholder out of the proceeds of such sale, the amount of the lien togetherwith all interest, costs and fixed charges thereon, and to pay any balanceremaining to the person against whom such lien has been foreclosed, and for hisservices in such cases the sheriff shall receive the same fees as are providedby law in civil cases.
36-7-509. Authority to purchase water rights; lease and sale;disposition of moneys received.
(a) The board of land commissioners is hereby authorized topurchase water rights or proportionate interests in canals, reservoirs orirrigation systems for the purpose of reclaiming school and other grantedlands. Lands for which water rights become appurtenant may be leased by theboard at a price which will return an equitable income, or may be sold upon thefollowing terms and conditions:
(i) The land shall be offered at public auction at the frontdoor of the courthouse of the county in which the land is situated, after beingadvertised for four (4) weeks, as required by law;
(ii) Thirty percent (30%) of the purchase price of the land mustbe paid in cash on the day of sale;
(iii) The purchaser shall, before the sale is consummated, enterinto a contract for the purchase of a water right or proportionate interest inthe irrigation system which will supply water for the said land, which may beconditioned on not to exceed twenty (20) annual payments with interest at sixpercent (6%) per annum;
(iv) Delinquent payments shall bear interest at the rate ofeight percent (8%) per annum until paid.
(b) Moneys received for the sale of land, and the interestthereon, shall be placed in the proper permanent land fund account inaccordance with the purpose for which the land was granted to the state. Moneysreceived from the sale of water right contracts and the interest thereon shallbe turned in to the state treasury to the credit of the general fund.
36-7-510. Filing of reports for future use.
Theboard of land commissioners shall from time to time secure reports from thestate engineer or his deputies or assistants or from other qualified personscovering the lands for which it is proposed to secure water rights and landsfor which applications to purchase have been filed, and shall file same untilit shall seem to the advantage of the state to secure water rights for the saidland or to offer same for sale.
Thestate of Wyoming hereby accepts the conditions of 4 of an act of congressentitled "An act making appropriations for sundry civil expenses of thegovernment for the fiscal year ending June 30th, 1895, and for otherpurposes"; approved August 18th, A.D. 1894, together with all the grantsof land to the state under the provisions of the aforesaid act, and conditionsof Section 1 of an act of congress entitled, "An act making appropriationsfor sundry civil expenses of the government for the fiscal year ending June30th, 1897, and for other purposes"; approved June 11th, 1896, and theconditions of an act of congress entitled, "An act making appropriationsfor sundry civil expenses of the government for the fiscal year ending June30th, 1909, and for other purposes"; approved May 27th, 1908, providingfor the granting of an additional million (1,000,000) acres of land to thestate of Wyoming to be reclaimed as provided in the acts above mentioned, andall acts of congress and parts of acts of congress now or hereafter enacted bycongress for the reclamation of desert lands within the state of Wyoming,together with all the grants of land to the state of Wyoming, and any and allinterests therein, with all rights and privileges thereunder, under theprovisions of the aforesaid acts or parts of acts.
36-7-102. Selection, management and disposal of lands.
Theselection, management and disposal of said land shall be vested in the stateboard of land commissioners, as constituted by section 3 of article 18 of theconstitution of the state of Wyoming. Said state board of land commissionersshall be hereinafter designated as "the board".
36-7-103. Institution of legal proceedings.
Allsuits or actions brought by the board, under the provisions of this act, shallbe instituted by the board, in the name of the people of the state of Wyoming.
36-7-104. Disposition of forfeitures.
Allmoneys received by the state of Wyoming as proceeds from forfeited bonds,pledges or other forfeitures of whatsoever kind in connection with theoperations under the act commonly known as the "Carey Act" shallbecome a part of the general fund.
ARTICLE 2 - BOARD OF LAND COMMISSIONERS
36-7-201. Meetings; president; duty; quorum.
Theboard shall meet at least once in each month, at such time as the board mayprescribe, for the transaction of business. The governor shall be president ofthe board, and it shall be his duty to sign all contracts, papers or documentsthat shall be approved, made or directed by the board. Provided, however, thatall leases approved or directed to be entered into by the board of landcommissioners may be signed for and on behalf of the state by the director. Amajority of the board shall constitute a quorum for the transaction of any andall business; and in the absence of the governor, one (1) of the other membersmay act as president pro tempore and may preside at such meeting.
36-7-202. Special meetings; duties of secretary.
Thepresident shall have the power to call a special meeting, if in his judgment,public good requires the same to be done for any purpose contemplated in thischapter, or any other chapter prescribing the duty of said board; and such callmay be either a personal or written notice. The object of such meeting shall bemade a matter of record by the secretary of the board. The director shall bethe secretary of such board, and it shall be his duty to keep a careful recordof the transactions of such board in a substantially bound book to be kept forthat purpose, and which shall be known as the record and proceedings of theboard of land commissioners as to Carey Act matters. The secretary shallcountersign all papers, instruments or documents approved, made or directed bythe board bearing the signature of the president.
36-7-203. Office; duties of director.
Theboard shall have an office in Cheyenne. The director shall be in charge of theoffice. He shall have the custody of the records of the board; shall receiveand file all proposals for the construction of irrigation works to reclaimlands selected under the provisions of this act; prepare and keep for publicinspection maps or plats, on a scale of two (2) inches to the mile, of alllands selected; receive entries of settlers on these lands, and hear or receivethe final proof of their reclamation, and do any and all work required by theboard in carrying out the provisions of this act. He shall have authority toadminister oaths whenever necessary in the performance of his duties.
36-7-204. Rules; copies of maps, plats and contracts; annual report ofcontractors; waiver of rules.
Theboard shall provide suitable rules for the filing of proposals for constructingirrigation works, and for the entry of and payment for the land by settlers,and for the forfeiting of entry by settlers upon failure to comply with theprovisions of this act. There shall be kept in the office of the board, forpublic inspection, copies of all maps, plats, contracts for the construction ofirrigation works, and of the entries of land by settlers. It shall require fromeach person, company of persons, association or incorporated company engaged inthe construction of irrigation works, under the provisions of this act, anannual report, to be submitted to the board on or before November first of eachyear. This report shall show the number of water rights sold, the number ofusers of water under said irrigation works, the legal subdivisions of land forwhich water is to be furnished, the names of the officers of the company, theacreage of land which the said irrigation works is prepared to supply withwater, and such other data as the board sees fit to require. The rules requiredby this section may be waived in the case of irrigation works being constructedby a person, colony or association of persons to furnish water for land settledupon and being reclaimed by themselves.
36-7-205. Duties of employees; fees.
Theboard shall prescribe the duties of all its employees and shall collect thefollowing fees: for filing each application, one dollar ($1.00); for filingeach final proof, one dollar ($1.00); for issuing each patent, one dollar($1.00); for making certified copies of papers or records, the same fees asprovided for to be charged by the secretary of state for like services. Themoney collected for fees shall be paid to the treasurer of the state and by himcredited to the general fund.
36-7-206. Annual report.
Theboard shall issue, on or before November thirtieth of each year, a reportsetting forth in detail the names, location and character of the irrigationworks in process of construction, the acreage and legal subdivisions of landintended to be reclaimed, the estimated cost of said irrigation works, theprice of water rights from such irrigation works, and the terms of payment forboth water rights and land. Not less than five thousand (5,000) copies of suchreport shall be printed for gratuitous distribution.
36-7-207. Grants of rights-of-way to counties.
Theboard of land commissioners is hereby empowered, under such terms andregulations as may be provided by it, to grant to the counties of this state,either temporary or permanent rights-of-way for roads and highways, over andacross lands ceded to the state under the provisions of an act approved August18, 1894, known as the Carey Act, and the title to which lands is still vestedin the state at the time such grant is made.
ARTICLE 3 - RECLAMATION OF LAND
36-7-301. Requisites; contents.
Anyperson, company of persons, association or incorporated company constructing,having constructed or desiring to construct ditches, canals or other irrigationworks to reclaim land under the provisions of this act shall file with theboard a request for the selection on behalf of the state by the board, of theland to be reclaimed, designating said land by legal subdivisions. This requestshall be accompanied by a proposal to construct the ditch, canal or otherirrigation works necessary for the complete reclamation of the land asked to beselected. The proposal shall be prepared in accordance with the rules of theboard and with the regulations of the department of the interior. It shallstate the source of water supply, the location and dimensions of the proposedworks, the estimated cost thereof, the price and terms per acre, at whichperpetual water rights will be sold to settlers on the land to be reclaimed,said perpetual rights to embrace a proportionate interest in the canal or otherirrigation works, together with all rights and franchises attached thereto. Inthe case of incorporated companies, it shall state the name of the company, thepurpose of its incorporation, the names and places of residence of itsdirectors and officers, the amount of its authorized and its paid-up capital.If the applicant is not an incorporated company, the proposal shall set forththe name or names of the party or parties, and such other facts as will enablethe board to determine his or their financial ability to carry out the proposedundertaking.
36-7-302. Guaranty; forfeiture.
Theboard shall have authority to prescribe that each request and proposal shall beaccompanied by a certified check in an amount to be designated by the board,the same to be held as a guarantee of the execution of the contract with thestate in accordance with its terms by the parties submitting such proposals, incase of the approval of the same and selection of the land by the board and tobe forfeited to the state in case of failure of said parties to enter into acontract with the state in accordance with the provisions of this act.
36-7-303. Application for permit to appropriate water.
Theperson, company of persons, association or incorporated company, makingapplication to the board for the selection of lands by the state, shall havefiled with the state engineer an application for a permit to appropriate waterfor the reclamation of the lands described in the request to the board. Thisapplication shall be prepared in conformity with the provisions of W.S.41-3-613, 41-3-615, 41-4-501 through 41-4-512 and 41-4-517, except that thetime for beginning construction, as specified by W.S. 41-4-506 thereof, shallbegin within one (1) year from the date the lands, described in the saidrequest to the board, are segregated to the state. The maps showing theproposed irrigation works and the lands to be irrigated shall be prepared inaccordance with the regulations of the state engineer's office and the rules ofthe department of the interior.
36-7-304. Examination.
Immediatelyupon receipt of any request and proposal, as designated in W.S. 36-7-301, itshall be the duty of the director of the office of state lands and investmentsto examine the same, and ascertain if it complies with the rules of the boardand the regulations of the department of the interior. If it does not, it is tobe returned for correction, but if it does so comply, the director shall causeto be examined by an engineer in his office, the maps, plans, specificationsand surveys, to determine whether or not the proposed works are feasible,whether the proposed irrigation system is practicable and the best that can beprovided for the reclamation of said lands, whether there is sufficientunappropriated water in the source of supply to furnish an ample supply ofwater for the irrigation and reclamation of the lands described in suchproposal, whether the capacity of the proposed works is adequate to reclaim thelands described, whether or not the proposed cost of construction isreasonable, considering the area of land to be reclaimed, and whether or notthe lands proposed to be irrigated are desert in character, and such as may beproperly set apart under the provisions of the aforesaid act of congress andthe rules and regulations of the department of the interior thereunder.Whenever the director shall deem it necessary to obtain the desiredinformation, he shall cause a field examination of such project to be made byan engineer from his office. The state engineer shall afford to the director orthe engineers in his office, every facility to examine the records and files ofthe state engineer's office to obtain the desired information, and upon requestof the director, and without charge, shall furnish all information as to waterpermits issued, and concerning the water supply for such proposed irrigationsystem, and furnish such reports as may be called for by the director, or theinterior department.
36-7-305. Submission for consideration; approval.
Wheneverthe director shall have made the investigation of such request and proposal ashe deems necessary, he shall submit such request and proposal, with the report ofsuch investigation, to the board for its consideration. In case of approval,the board shall instruct the director to file in the local land office, arequest for the withdrawal of the land described in said proposal.
36-7-306. Notification of nonapproval; resubmission.
Whenrequests and proposals are not approved by the board, the board shall notifythe parties making such proposal of such action, and the reason therefor. Theparties so notified shall have sixty (60) days in which to submit a satisfactoryproposal, but the board may, at its discretion, extend the time to six (6)months.
36-7-320. Duty to contract; contents; withdrawal of land and filing ofbond necessary.
Uponthe withdrawal of the land by the department of the interior, it shall be theduty of the board to enter into a contract with the parties submitting theproposal, which contract shall contain complete specifications of the location,dimensions, character and estimated cost of the proposed ditch, canal or otherirrigation work; the price and terms per acre at which such works and perpetualwater rights shall be sold to settlers; the price and terms upon which thestate is to dispose of the land to settlers; provided, that such price andterms for irrigation works, water rights and for lands to be disposed of by thestate to settlers shall, in all cases, be reasonable and just. This contractshall not be entered into on the part of the state until the withdrawal ofthese lands by the department of the interior and the filing of a satisfactorybond on the part of the proposed contractor for irrigation works, which bondshall be in a penal sum equal to five percent (5%) of the estimated cost of theworks, and to be conditioned for the faithful performance of the provisions ofthe contract with the state.
36-7-321. Terms.
Nocontract shall be made by the board which requires a greater time than five (5)years for the construction of the canal, works or irrigation system, and allcontracts shall be conditioned that active construction work shall begin withinsix (6) months from the date of the contract, and that at least one-tenth ofthe construction work shall be completed within one (1) year of the date of thecontract; that at least one-third of the construction work shall be completedwithin two (2) years from the date of the contract, and that construction shallbe prosecuted diligently and continuously to completion; and that a cessationof work under the contract with the state for a period of ninety (90) daysduring the months of May, June, July, August, September, October and November,after the second year will forfeit to the state all rights under the saidcontract.
36-7-322. Notice upon failure to fulfill; sale of incompleted works;option to complete.
Uponthe failure of any parties, having contracts with the state for theconstruction of irrigation works, to begin the same within the time specifiedby the contract, or to complete the same within the time or in accordance withthe specifications of the contract with the state, it shall be the duty of thedirector to give such parties written notice of such failure, and if, after aperiod of sixty (60) days from the sending of such notice, they shall havefailed to proceed with the work, or to conform to the specifications of theircontract with the state, unless said parties shall show to the satisfaction ofthe board good and sufficient reason for such delay and failure to completesaid works or conform to said specifications and demonstrate to thesatisfaction of said board their financial ability and intentions to proceedwith said work in good faith, the bond and contract of such parties and allwork constructed thereunder shall be at once and thereby forfeited to thestate, and it shall be the duty of the board at once so to declare and to givenotice once each week, for a period of four (4) weeks, in some newspaper ofgeneral circulation in the county in which the work is situated, and in one (1)newspaper at the state capital, in like manner and for a like period, of theforfeiture of said contract, and that upon a day fixed, proposals will bereceived at the office of state lands and investments in the capitol atCheyenne, for the purchase of the incompleted works and for the completion ofsaid contract; the time for receiving said bids to be at least sixty (60) dayssubsequent to the issuing of the last notice of forfeiture. The money receivedfrom the sale of partially completed works under the provisions of W.S.36-7-321, shall first be applied to the expenses incurred by the state in theirforfeiture and disposal; secondly, to satisfying the bond; and the surplus, ifany exists, shall be paid to the original contractors with the state; provided,however, that the board may, in its discretion, accept from any parties unablefor any reason to fulfill the terms of their contract with the state, the fullrelease, relinquishment and surrender of any rights acquired from the stateunder and by virtue of said contract, and may thereupon abrogate the same andrelease said parties from the conditions of the said contract and bond, and mayproceed in its discretion to enter into a new contract with other parties, ifsuch there be, for the completion of the works so surrendered.
36-7-323. State not responsible for contractor failures.
Nothingin this act shall be construed as authorizing the board to obligate the stateto pay for any work constructed under any contract, or to hold the state in anyway responsible to settlers for the failure of contractors to complete the workaccording to the terms of their contracts with the state.
36-7-324. Maps; lands subject to rights-of-way.
Themaps in the office of the board of the lands selected under the provisions ofthis act, shall show the location of the canals or other irrigation worksapproved in the contract with the board, and all lands filed upon shall besubject to the rights-of-way of such canals or irrigation works; saidrights-of-way to embrace the entire width of the canals, and such additionalwidth as may be required for their proper operation and maintenance, the widthof such rights-of-way to be specified in the contracts provided for in thisact.
36-7-325. Inspection of completed systems; application for patent.
Wheneverany person, firm or corporation constructing an irrigation system to reclaimlands under the Carey Act, shall notify the director that such irrigationsystem is completed, and that an ample supply of water is being delivered in asubstantial ditch or canal to the lands included in such segregation, or anyunit of such lands, the director shall cause an inspection to be made of suchconstructed system, and if he finds that said irrigation system has beenconstructed in a substantial manner, and in accordance with the plans andspecifications agreed upon, and that an ample supply of water is beingdelivered to such lands in a substantial ditch or canal, he shall immediatelyapply to the United States government for patent to such lands, and shallsubmit to the interior department, proof of the reclamation of such lands.
36-7-326. Assessments for operation; failure to pay; enforcement oflien; costs and fees; injunction bond.
Companies,associations, or corporations operating or controlling irrigation systems,ditches, or reservoirs or other devices for the distribution of water forirrigation shall be authorized to levy and collect such reasonable andnecessary assessments for the cost of operation, maintenance, repairs and improvementsof such irrigation systems, ditches or reservoirs, and for the purpose ofrepaying money borrowed for such purposes, as may be authorized by a majorityof the members of such companies, or associations, or fixed in the mannerprovided by the bylaws of such corporation. Payment of such assessments shallbe the necessary requisite for the use of such reservoirs, irrigation systemsor ditches for the storage or conveyance of water for the lands deeded ordescribed in contracts for or deeds to proportionate interests in suchreservoirs, irrigation systems and ditches upon which assessments are made, andin the event such assessments remain due and unpaid more than ten (10) daysafter the date fixed as the date of payment for the purpose, such companies, associationsand corporations are authorized to close down any headgate or other divertingor measuring device used by any delinquent, or by any person in possession ofor using such lands, and to refuse to allow the use of such reservoirs,irrigation systems and ditches for the purpose of storing water for orconveying water to the lands of such delinquents and refuse such delinquentsthe right to vote at any meeting of such company, association, or corporation,until such repair or maintenance assessment shall have been paid. Suchcompanies, associations and corporations shall have a lien upon theproportionate interest in such reservoirs, irrigation systems and ditches,which shall become a first lien upon the lands deeded or described in contractsfor or deeds to such proportionate interests for the amount of any unpaidassessments which may be enforced in a court of competent jurisdiction, as inthe case of other liens. In all suits or actions to obtain a judgment on suchaccount and to enforce the lien, when the plaintiff or complainant shall obtainjudgment or decree, the costs, together with twenty-five dollars ($25.00) forattorney's fees, shall be taxed or recovered from the adverse party. Norestraining order, or order of injunction shall be issued against any suchcompany, association or corporation unless applicant for same shall file asufficient bond conditioned upon the immediate payment of all delinquentassessments if such shall be found by a competent court to be reasonable andjust. This act [section] shall include all lands under any of the above namedsystems if water has been used or is being used in any one irrigation seasonand providing that water is in said canal, reservoir or ditches, subject to useof owners.
ARTICLE 4 - SETTLEMENT OF LANDS
36-7-401. Notice lands open for settlement.
Uponreceipt of notice by the contracting company that water for beneficialirrigation can be furnished for all or any part of the lands in any segregationlist at stated time, it being shown to the satisfaction of the board that thecontracting company will be able to deliver water at the said time, it shall bethe duty of the board, by publication, at the expense of the contractingcompany, in one (1) newspaper in the county in which said lands are situatedand such other newspaper or newspapers as may be designated by the contractingcompany, to give notice that certain lands, generally described, are open forsettlement; that the land will be sold at fifty cents ($.50) per acre by thestate and that proportionate interests in the irrigation system for a perpetualwater supply can be purchased at the price named and water for beneficialirrigation can be furnished on the date named, and such other information asthe board shall deem advisable.
36-7-402. Proceeds earmarked for reclamation.
Pursuantto the act of congress, approved August 18, 1894 (28 Stat., 372-422), allmoneys received by the state of Wyoming from the payments of fifty cents ($.50)an acre received on lands segregated under what is commonly known as the CareyAct, and all moneys received as fees pursuant to operations of the Carey Act,are hereby appropriated for the purpose of reclaiming school or granted landsbelonging to the state of Wyoming, and lands which may be hereafter granted orselected for the said state of Wyoming for any purpose whatsoever.
36-7-403. Application for entry; certificate of location; payments.
Anyadult citizen of the United States or any adult person having declared hisintention of becoming a citizen of the United States, may make application,under oath, to the board, to enter any of said land in an amount not to exceedone hundred and sixty (160) acres for any one (1) person; and such applicationshall set forth that the person desiring to make such entry does so for thepurpose of actual reclamation, cultivation and settlement in accordance withthe act of congress and the laws of this state relating thereto, and that theapplicant has never received the benefit of the provisions of this act to anamount greater than one hundred and sixty (160) acres, including the number ofacres specified in the application under consideration. Such application mustbe accompanied by an original signed copy or a certified copy of a contract fora water right, made and entered into by the party making the application withthe person, company or association who have been authorized by the board tofurnish water for the reclamation of said lands, or, if the person, company orassociation who has been authorized by the board to furnish water for thereclamation of said lands is not the owner of the water right attached andappurtenant to the land upon which the applicant seeks to file, then, with thebona fide owner of said water right; such application for entry shall be madewithin thirty (30) days from the time the applicant shall have contracted withthe owners of the water right attached and appurtenant to the land for thepurchase of a proportionate interest in said water right, and it shall be theduty of the owners of the water rights to notify the director whenever theyhave contracted with applicants for the purchase of proportionate interests insaid water rights; and if said applicant has at any previous time entered landsunder the provisions of this article, he shall so state in his application,together with description, date of entry and location of said land. The boardshall thereupon file in its office the application and papers relating thereto,and, if allowed, issue a certificate of location to the applicant. Allapplications for entry shall be accompanied by a payment of twenty-five cents($.25) per acre, which shall be paid as a partial payment on the land if theapplication is allowed; and all certificates when issued shall be recorded in abook to be kept for that purpose. If the application is not allowed, thetwenty-five cents ($.25) per acre accompanying it shall be returned to theapplicant; provided, that where the construction company fails to furnish waterto any settler under the provisions of its contract with the state, the stateshall refund to such settler, all payments that he shall have made to thestate. The board shall dispose of all lands accepted by the state under theprovisions of this article at a uniform price of fifty cents ($.50) per acre,half to be paid at the time of entry and the remainder at the time of makingfinal proof by the settler; and, provided, further, that whenever any citizenof the United States, or any person having declared his intention of becoming acitizen of the United States, shall make application as provided in thissection to enter any of said land in an amount not exceeding one hundred andsixty (160) acres, and shall further prove to the satisfaction of the boardthat he or she is the father or mother of eight (8) living children, it shallbe the duty of the board to permit the application for entry by him or herwithout charge and to issue a certificate of location to such applicant withoutcharge, and to dispose of such lands to said applicant upon final proof beingmade.
36-7-404. Final proof of reclamation; fee and last payment; right topatent; failure to timely prove.
Withinthree (3) years from the date of the certificate of location issued to anentryman on the Carey Act lands, the entryman shall appear before the director,who is hereby authorized to administer oaths in matters pertaining to the stateof Carey Act lands in Wyoming, a judge or clerk of the district or circuitcourt of any state, or commissioner of the United States district court, andmake final proof of reclamation, settlement, and occupation, which proof shallembrace evidence that he has a perpetual water right for the irrigable area ofthe tract of land so filed upon, sufficient in volume for the completeirrigation and reclamation thereof, and has cultivated and irrigated not lessthan one-fourth part of the irrigable area of said tract and not less thanone-eighth of the entire tract filed upon, that he has resided upon the landfor the period of time required by the rules of the board, and such furtherproof, if any, as may be required by the regulations of the department of theinterior, or the board. The officer taking this proof shall be entitled to afee of two dollars ($2.00), which fee shall be paid by the entryman, and shallbe in addition to the price paid to the state for the land. All proofs soreceived shall be submitted by the director to the board, and shall beaccompanied by the last and final payment for said land, and on the approval ofthe same by the said board, shall entitle the said entryman to a patent to saidland, whenever said land shall be patented by the United States to the state;provided, that when the director shall take such final proofs, all feesreceived by him shall be turned in to the state treasury; provided further,that when an entryman fails to make final proof within three (3) years from thedate of the issuance of the certificate of location, the board may in itsdiscretion, after (60) days' notice is given to the entryman by registeredletter to his last known address, cancel the certificate of location anddeclare the land covered by such certificate open to entry.
36-7-405. Issuance of patent to heir.
Wherean entryman upon Carey Act lands, who has made valid final proof thereon, diesbefore the state has issued patent therefor, patent when issued, shall issue inthe name of the heir of the estate of such deceased entryman.
36-7-406. Final proof by heirs; devise or descent of entry.
Inall cases where lands have been entered under the provisions of W.S. 36-7-403,and the entryman has died prior to the making of final proof of reclamation,settlement, and occupation, proof of reclamation may be made by an heir, andproof of settlement and occupation may be made by such person, or persons, orby an agent thereof, and patent when issued shall issue in the name of theheirs of the estate of such deceased entryman. Any such entry may be devised orshall descend as other real estate.
36-7-407. Issuance of patents.
Uponthe issuance of a patent to any lands by the United States to the state, noticeshall be forwarded to the settler upon such land. It shall be the duty of theboard, under the signature of its president, and attested by its secretary, toissue a patent to said lands from the state to the settler.
ARTICLE 5 - WATER RIGHTS AND LIENS
36-7-501. When water rights attach to land.
Thewater rights to all lands acquired under the provisions of this act shallattach to and become appurtenant to the land as soon as title passes from theUnited States to the state.
36-7-502. First and prior lien on water right.
Anyperson, company or association furnishing water for any tract of land shallhave a first and prior lien on said water right and land upon which said wateris used, for all deferred payments for said water right; said lien to be in allrespects prior to any and all other liens created or attempted to be created bythe owner and possessor of said land; said lien to remain in full force andeffect until the last deferred payment for the water right is fully paid andsatisfied according to the terms of the contract under which said water rightwas acquired.
36-7-503. Recording of contract; foreclosure of lien.
Thecontract for the water right upon which the aforesaid lien is founded, whetherheretofore or hereafter executed, shall be recorded in the office of the countyclerk of the county where said land is situate; and upon the default of any ofthe deferred payments secured by any lien under the provisions of this article,the person, company of persons, association or incorporated company holding orowning said lien, may, within ten (10) years after the last maturing deferredpayment secured by such lien shall have become due, foreclose the sameaccording to the terms and conditions of the contract granting and selling tothe settler the water right.
36-7-504. Notice and place of foreclosure sale; duties of sheriff;limitation on bids.
Allsales shall be advertised in a newspaper of general circulation, published inthe county where said land and water right is situate for six (6) consecutiveweeks, and shall be sold to the highest bidder at the front door of thecourthouse of the county, or such place as may be agreed upon by the terms ofthe aforesaid contract. And the sheriff of said county shall in all such casesgive all notices of sale and shall sell all such land and water rights andshall make and execute a certificate of sale to the purchaser thereof, and atsuch sale no person, company of persons, association or incorporated company,owning and holding any lien shall bid in or purchase any land or water right ata greater price than the amount due on said deferred payment for said waterright and land, and the costs incurred in making the sale of said land andwater right.
36-7-505. Redemption.
Atany time within nine (9) months after the foreclosure sale by the sheriff, ofthe land and water rights as aforesaid, the original owner against whom thelien has been foreclosed, may apply to the person, company of persons,association or incorporated company purchasing at such sale, to redeem suchland and water rights, and the purchaser shall assign the certificate of saleof such land and water rights to such original owner, upon the payment by himwithin such nine (9) months, of the amount of the lien for which the same wassold at such foreclosure sale, together with the interest, costs and fixedcharges thereon. Where the lienholder becomes the purchaser at such foreclosuresale, if such lands and water rights are not redeemed by the original ownerwithin nine (9) months, then at any time within three (3) months after theexpiration of such nine (9) months, any person desiring to settle upon and usesuch land and water rights, may apply to the purchaser at such foreclosure saleto redeem such land and water rights, and such purchaser shall assign thecertificate of sale of such land and water rights to the person desiring toredeem the same, upon the payment by him, within such three (3) months, of theamount of the lien for which the same was sold at such foreclosure sale,together with the interest, costs and fixed charges thereon.
36-7-506. Redemption; recording certificate of sale.
Uponissuing any certificate of sale, it shall be the duty of the sheriff to filefor record in the office of the county clerk of the county where such land issituated, a certified copy of such certificate of sale, and in case theoriginal owner shall redeem the land and water rights sold as aforesaid, heshall file for record in the office of such county clerk, the certificate ofsale assigned to him by the purchaser as aforesaid, upon his redemption of suchland and water rights.
36-7-507. Redemption; issuance of deed.
Incase the land and water rights shall be redeemed by any person other than theoriginal owner, the sheriff shall, upon presentation of such certificate, issuea deed for such land and water rights to the person so redeeming the same. Ifthe land and water rights shall not be redeemed by any person within the timeand in the manner hereinbefore provided, it shall be the duty of the sheriff,upon presentation of the certificate of sale by the original purchaser, toissue a deed to such purchaser.
36-7-508. Proceeds of foreclosure sale; fees of sheriff.
Wheresuch lands and water rights are not purchased by the lienholder of suchforeclosure sale, it shall be the duty of the sheriff to first pay thelienholder out of the proceeds of such sale, the amount of the lien togetherwith all interest, costs and fixed charges thereon, and to pay any balanceremaining to the person against whom such lien has been foreclosed, and for hisservices in such cases the sheriff shall receive the same fees as are providedby law in civil cases.
36-7-509. Authority to purchase water rights; lease and sale;disposition of moneys received.
(a) The board of land commissioners is hereby authorized topurchase water rights or proportionate interests in canals, reservoirs orirrigation systems for the purpose of reclaiming school and other grantedlands. Lands for which water rights become appurtenant may be leased by theboard at a price which will return an equitable income, or may be sold upon thefollowing terms and conditions:
(i) The land shall be offered at public auction at the frontdoor of the courthouse of the county in which the land is situated, after beingadvertised for four (4) weeks, as required by law;
(ii) Thirty percent (30%) of the purchase price of the land mustbe paid in cash on the day of sale;
(iii) The purchaser shall, before the sale is consummated, enterinto a contract for the purchase of a water right or proportionate interest inthe irrigation system which will supply water for the said land, which may beconditioned on not to exceed twenty (20) annual payments with interest at sixpercent (6%) per annum;
(iv) Delinquent payments shall bear interest at the rate ofeight percent (8%) per annum until paid.
(b) Moneys received for the sale of land, and the interestthereon, shall be placed in the proper permanent land fund account inaccordance with the purpose for which the land was granted to the state. Moneysreceived from the sale of water right contracts and the interest thereon shallbe turned in to the state treasury to the credit of the general fund.
36-7-510. Filing of reports for future use.
Theboard of land commissioners shall from time to time secure reports from thestate engineer or his deputies or assistants or from other qualified personscovering the lands for which it is proposed to secure water rights and landsfor which applications to purchase have been filed, and shall file same untilit shall seem to the advantage of the state to secure water rights for the saidland or to offer same for sale.
