Appendix I. Summary and Analysis of Reclamation Act
The Newlands Act is noteworthy in three regards. The act embraces the entire region of the American West; all powers involving irrigation are nationalized; the irrigation projects are funded by a revolving fund from the sale of the public lands in the separate states.[1]
The Newlands Act disregards state boundaries, overrides state governments, and bypasses the legislative appropriations process.
The original act covered 15 Western states: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah & Washington. Texas was added in 1906.
The Secretary of Interior was given power over all aspects of an irrigation project. These included: surveying of suitable lands, locating the project, managing the construction, and selling the irrigated lands.
The Secretary of Interior also was empowered to withdraw from entry or sale any public lands contemplated for irrigation works.
The Secretary of Interior specifically was authorized to let all contracts in an irrigation project.
The Secretary of Interior was prohibited to sell any irrigated properties of less than 40 acres or more than 160 acres.
[1] The arid-land reclamation fund is considered the most innovative part of the act. Press hailed it as ”comprehensive and automatic,” two of Newlands’ favorite adjectives. Conservation historian Samuel P. Hays wrote that funding by a revolving fund first appeared in Newlands bill HR 13864, introduced January 26, 1901. Section 1 of HR 13846 describes the fund and names it the “arid land reclamation fund” (quotes in original). Pisani, 323; Hays, Conservation, 12 n. 24