§423c Exchange of Unpatented Entries; Entries, Farms or Private Lands, Eliminated From Project; Rights Not Assignable; Rights of Lienholders; Preference to Ex-service Men

Summary

Settlers who lose their unpatented land claims because the land was removed from a reclamation project, or whose water rights are cut so much that their land can no longer support a family, may trade their claim for other public land in the same or another federal reclamation project. They get credit for the time they lived on the old land, the work and farming they did, and for any construction charges they already paid. If they already finished final proof on the first claim, they do not have to redo it for the new claim. If a farm unit is reduced by permanently useless land, the settler can take an equal amount of available nearby project land with the same credits. Owners of private land removed from a project may, if the Secretary of the Interior agrees and if the land is free of liens, give up up to 160 acres to the United States and take the same area of vacant irrigable project land, keeping credit for construction costs they paid. Rights given here cannot be transferred to others. The Secretary must consider lienholders fairly and may change or combine farm units to make these swaps work. If two people want the same farm and only one is an ex-service man (as defined in law), the veteran gets preference.