37-706. Persons eligible to apply for entry; limitation on area; contents of application; price of lands; disposition of monies received

A. Any citizen of the United States, or any person who has declared his intention to become a citizen, over the age of eighteen years, may make application to enter any of the lands not exceeding one hundred sixty acres, under the regulations of the department of the interior and the state land department.

B. The application shall be accompanied by a certified copy of a contract for a perpetual water right, made by applicant with the person authorized to furnish water for reclamation of the lands, together with twenty-five cents per acre for the land applied for, to be returned if the application is not allowed, and the application shall contain the declaration that applicant will settle upon and improve the land. If the application is allowed, the applicant shall be issued a certificate of the location.

C. If the contractor fails to furnish water to any settler under the provisions of his contract, the state shall refund to the settler all payments he has made to the state.

D. The state land department shall dispose of all lands accepted by the state at a price not to exceed fifty cents per acre, twenty-five cents to be paid at the time of entry and the remainder at the time of making final proof by the settler. No settler shall be entitled to make more than one entry. Settlers shall also pay, at the time of making final proof, whatever additional amount per acre, if any, which the state may be required to pay to the United States for the land so entered.

E. All monies received for the sale of lands, except those required to be paid to the United States, shall be deposited, pursuant to sections 35-146 and 35-147, in the appropriate fund of the state.