United States.

Compiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes online

. (page 99 of 150)
Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 99 of 150)
Font size
QR-code for this ebook


of Reclamation Service.

Sale of land acquired under rec-
lamation acts; appraisement;
notice of sale.

Conveyance to purchaser; limita-
tion of amount.

Proceeds of sale to be covered
into reclamation fund and cred-
ited to project for which land
was acquired.

Change of levels of lakes, etc., in
Oregon and California, in car-
rying out irrigation projects;
disposition of lands acquired.

Construction of dams in or across
Yellowstone River in Montana
in carrying out irrigation proj-
ects.

(1929)



Digitized by



Google



§ 4674 THE PUBUC LANDS (Tit 32



DESERT LANDS

§ 4674. (Act March 3, 1877, c 107, § 1.) Sale of desert lands; m
of water; declaration; patent; quantity purchasable by one
person.

It shall be lawful for any citizen of the United States, or any
person of requisite age "who may be entitled to become a citizen.
and who has filed his declaration to become such" and upon pay-
ment of twenty five cents per acre — to file a declaration under oath
with the register and the receiver of the land district in which any
desert land is situated, that he intends to reclaim a tract of denTt
land not exceeding one section, by conducting water upon the
same, within the period of three years thereafter, Provided
however that the right to the use of water by the person so conduct-
ing the same, on or to any tract of desert land of six hundred and
forty acres shall depend upon bona fide prior appropriation : and such
right shall not exceed the amount of water actually appropriated,
and necessarily used for the purpose of irrigation and reclamation:
and all surplus water over and above such actual appropriation and
use, together with the water of all, lakes, rivers and other sources of
water supply upon the public lands and not navigable, shall remain
and be held free for the appropriation and use of the public for
irrigation, mining and manufacturing purposes subject to existing
rights. Said declaration shall describe particularly said section oi
land if surveyed, and, if unsurveyed, shall describe the same as nearly
as possible without a survey. At any time within the period of three
years after filing said declaration, upon making satisfactory proof to
the register and receiver of the reclamation of said tract of land in
the manner aforesaid, and upon the payment to the receiver of the
additional sum of one dollar per acre for a tract of land not exceeding
six hundred and forty acres to any one person, a patent for the same
shall be issued to him. Provided, that no person shall be permitted
to enter more than one tract of land and not to exceed six hundre^i
and forty acres which shall be in compact form. (19 Stat. 377.)

This section and the two sections next following were an act entitled **\n
act to provide for the sale of desert lands in certain States and Territories,'*
cited above.

Five further sections, nambered as sections 4-8 of this act, were add«d to
it by amendment by Act March 3, 1891. c. 561, | 2, 26 Stat 1096.

The right to make entry of desert lands under this act as amended was re-
stricted to surveyed public lands of the character contemplated thereby, aMixn-
ments of such entries were restricted, and the time to complete the irrifatioK
works and make final proofs thereunder was extended, by Act March 28, m^
r. 112, post, II 4<{81-4()S3.

Second desert-land entries, by persons whose former entries had been lo«t
forfeited, or abandoned, were provided for by Act March 26, 1908, c 103, 35
Stat. 48, which was buperseded by similar provisions applying to both dewrt*
land and homestead entries, of Act Feb. 3, 1911. c. 34, ante, | 4556.

The aggref^ate quantity of land which any person could acquire under all
of the land laws was limited to 320 acres by Act Auj?. 30. liSiK), c. S37. | I
ante, { 4558, but tbii limitation is to be construed to include only africultuni
lands and not mineral lands, by Act March 3, 1891, c G61, I 17, aata, | 4:^0.



(1930)



Digitized by



Google



Ch. 6b) the public lands § 4678

§ 4675. (Act March 3, 1877, c. 107, § 2.) Desert lands defined.

All lands exclusive of timber lands and mineral lands which
will not, without irrigation, produce some agricultural crop, shall
be deemed desert lands, within the meaning of this act, which
fact shall be ascertained by proof of two or more credible witnesses
under oath, whose affidavits shall be filed in the land office in which
said tract of land may be situated. (19 Stat. 377.)

See notes to section 1 of this act, ante, I 4674.

§ 4676. (Act March 3, 1877, c. 107, § 3.) States in which act to
apply.

This act shall only apply to and take eflfect in the States of
California, Oregon and Nevada, and the Territories of Washing-
ton, Idaho, Montana, Utah, Wyoming, Arizona, New Mexico and
Dakota, and the determination of what may be considered desert
land shall be subject to the decision and regulation of the Commis-
sioner of the General Land Office. (19 Stat. 377.)
See notes to section 1 of this act, ante, I 4674.

§ 4677. (Act March 3, 1877, c. 107, § 4, as amended. Act March 3,
1891, c 561, § 2.) Irrigation plan to be filed.
At the time of filing the declaration hereinbefore required the
party shall also file a map of said land, which shall exhibit a plan
showing the mode of contemplated irrigation, and which plan shall
be sufficient to thoroughly irrigate and reclaim said land, and
prepare it to raise ordinary agricultural crops, and shall also show
the source of the water to be used for irrigation and reclamation.
Persons entering or proposing to enter separate sections, or fractional
parts of sections, of desert lands, may associate together in the con-
struction of canals and ditches for irrigating and reclaiming all of
said tracts, and may file a joint map or maps showing their plan of
internal improvements. (26 Stat. 1096.)

This section and the three sections next following were added to Act March
3, 1877, c 107, as sections 4, 5, 7, and 8 thereof, by Act March 3, 1891, c.
561, 8 2, 26 Stat. 1096.

Section 6, also added to this act by Act March 3, 1891, c. 561, § 2, provided
that existing claims under Act March 3, 1877, c. 107, should not be affected
by the amendment, but might be perfected under the original act, or under the
later act, at the option of the claimant, and also repealed all acts and parts
of acts in conflict with the amending act. It is omitted as temporary merely.

Colorado was included by the amending act. See section 8, post, f 4680.

§ 4678. (Act March 3, 1877, c. 107, § 5, as amended, Act March 3,
1891, c 5Q1, § 2.) Expenditures on and cultivation of land re-
quired; patent.

No land shall be patented to any person under this act unless
he or his assignors shall have expended in the necessary irriga-
tion, reclamation, and cultivation thereof, by means of main ca-
nals an(i branch ditches, and in permanent improvements upon the
land, and in the purchase of water rights for the irrigation of the
same, at least three dollars per acre of whole tract reclaimed and

(1931)



Digitized by



Google



\



S 4678 THE PUBLIC LANDS (Tit- Z^^

patented in the manner following: Within one year after ma Icing
entry for such tract of desert land as aforesaid the party so cnteri»-i^
shall expend not less than one dollar per acre for the purposes afov*^.
said: and he shall in Uke manner expend the sum of one dollar f>cr
acre during the second and also during the third year thereafter, until
the full sum of three dollars per acre is so expended. Said ^^rzy
shall file during each year with the register proof, by the affidavit j
of two or more credible witnesses, that the full sum of one dollar
per acre has been expended in such necessary improvements during
such year, and the manner in which expended, and at the expira-
tion of the third year a map or plan showing the character and
extent of such improvements. If any party who has made such ai>-
plication shall fail during any year to file the testimony aforesaid
the lands shall revert to the United States, and the twenty-five
cents advanced payment shall be forfeited to the United States, a.cid
the entry shall be canceled. Nothing herein contained shall prev^ent
a claimant from making his final entry and receiving his patent a.t
an earlier date than hereinbefore prescribed, provided that he tbieii
makes the required proof of reclamation to the aggregate ex tout I i^*^/to^ti

of three dollars per acre: Provided, That proof be further re \ ^^^•^^^'

quired of the cultivation of one-eighth of the land. (26 Sut l(KXi.) ^ ^^^^ '

See notes to tection 4 of this act, ante, f 4677.

§ 4679. (Act March 3, 1877, c. 107, § 7, as amended. Act MarcSa. 3«
1891, c 561, § 2.) Issue of patent on making, proofe; limi^^ ^^
individual holding; additional proofs.
At any time after filing the declaration, and within the pcr^*^^^
of four years thereafter, upon making satisfactory proof to 'C:^*^
register and the receiver of the reclamation and cultivation ^^
said land to the extent and cost and in the manner aforesaid, ^ ^^ «
substantially in accordance with the plans herein provided for, ^ ^^ ^
that he or she is a citizen of the United States, and upon payn»^^^
to the receiver of the additional sum of one dollar per acre for s^^-^ ^
land, a patent shall issue therefor to the applicant or his assig"^^^^
but no person or association of persons shall hold by assignment ^-^
otherwise prior to the issue of patent, more than three hundred •-^ ^ j

twenty acres of such arid or desert lands but this section shall ^^^ J/kv .v

apply to entries made or initiated prior to the approval of this ^^^' ,4 .'

Provided, however, That additional proofs may be required at m^^y '/ *|nctc

time within the period prescribed by law, and that the claims ^^^ j "^

entries made under this or any preceding act shall be subject to co^"! ; ^^J^^'

test, as provided by the law, relating to homestead cases, for ille^^' i tv^T^

inception, abandonment, or failure to comply with the requirement^ J \^

of law, and upon satisfactory proof thereof shall be canceled, an" f >^J!^;|^*

the lands, and mone>'s paid therefor, shall be forfeited to the Unit^^ "^'

Sutes. (26 Stat. 1096.)

See notes to section 4 of this act, ante, g 4677.

The period of four yean prescribed by this section was extended to ft>^
years as to pending entries where the time for final proof had not escplf^
prior to Jan. 1. 1894, by Act Aug. 4, 181)4, c 208, 28 SUt 220. That vmu
■ion is omitted as temporary merely.

(1932)



I i>:.:!;



Digitized by



Google



Ch. 6b) the public lands § 4681

§ 4680. (Act March 3, 1877, c. 107, § 8, as amended. Act March 3,
1891, c. 561, § 2.) Act to apply in Colorado; resident citizens
only entitled to enter.
The provisions of the act to which this is an amendment, and
the amendments thereto, shall apply to and be in force in the State
of Colorado, as well as the States named in the original act; and
no person shall be entitled to make entry of desert land except he
be a resident citizen of the State or Territory in which the land
sought to be entered is located. (26 Stat. 1096.)
See notes to section 4 of this act, ante, g 4677.

Entries on affidavits made before a United States court commissioner or any
officer authorized to administer oaths were validated by Act Aug. 4, 1894, c.
211, 28 Stat. 227.

The administration of oaths by United States court commissioners in pre-
liminary affidavits and final proofs was provided for by Act March 2, 1895,
c. 174, ante, {§ 4547-4549.

All entries under the desert-land laws, in which final proof and payments
had been made and certificates had been issued, and to which there were no
adverse claims originating prior to any final entry and which had been sold or
incumbered prior to March 1, 1898, and after final entry, to bona fide pur-
chasers or incumbrancers, for a valuable consideration, were, unless, upon an
investigation by a government agent, fraud on the part of the purchasers
should be found, to be confirmed and patented upon presentation of satisfac-
tory proof to the Land Department of such sale or incumbrance, by Act
March 8, 1891, c. 561, § 7, post, I 5113, notwithstanding a proviso in said act
authorizing the Commissioner of the General Land Office to suspend entries
on the public lands for correction of clerical errors ; and, after the lapse of two
years from the date of the issuance of the receiver's receipt upon the final
entry of any tract of land, there being no pending contest or protest against
the validity of the entry, the entryman was to be entitled to a patent for the
land entered by him, by said act

All persons, duly qualified to make entry under the desert-land laws, who
had occupied any lands in the Algodones land grant with the intention of en-
tering the same under the desert-land laws, were entitled, within a certain
time, to make their entries, by Act Jan. 14, 1901, c. 12, § 2, 81 Stat 730.
That provision is omitted as special, and temporary merely.

The undisposed-of lands on the abandoned Fort Buford military reservation
were subject to entry under the desert-land laws, by Act May 19, 1900, c.
484, 81 Stat. 180. That provision is omitted, also, as special.

§ 4681. (Act March 28, 1908, c. 112, § 1.) Descrt-land entries re-
stricted to surveyed lands; preference of persons in posses-
sion of lands prior to survey.
From and after the passage of this Act the right to make entry
of desert lands under the provisions of the Act approved March
third, eighteen hundred and seventy-seven, entitled "An Act to
provide for the sale of desert lands in certain States and Terri-
tories," as amended by the Act approved March third, eighteen
hundred and ninety-one, entitled "An Act to repeal timber-culture
laws, and for other purposes," shall be restricted to surveyed public
lands of the character contemplated by said Acts, and no such entries
of unsurveyed lands shall be allowed or made of record : Provided,
however. That any individual qualified to make entry of desert lands
imder said Acts who has, prior to survey, taken possession of a tract of
unsurveyed desert land not exceeding in area three hundred and twenty
acres in compact form, and has reclaimed or has in good faith com-

(1933)



Digitized by



Google



S 4681 THE PUBLIC LANDS (Tit 32

menced the work of reclaiming the same, shall have the preference
right to make entry of such tract under said Acts, in conformity with
the public land surveys, within ninety days after the filing of the ap-
proved plat of survey in the district land office. (35 Stat. 52.)

This section and the two Beotions next following were an act entitlfHl *'Ab
act limiting and restricting the right of entry and assignmrnt ander th#
desert-land law and authoriiing an extension of time within which to make
final proof.**

Act March 8. 1877, c 107, as amended by Act March 8, 1881, c. S61, f 2.
mentioned in this section, is ante, H 4674-4680.

§ 4682. (Act March 28, 1908, c. 112, § 2.) Assignments of desert-
land entries restricted.
From and after the date of the passage of this Act no assipi-
ment of an entry made under said Acts shall be allowed or recog-
nized, except it be to an individual who is shown to be qualified to
make entry under said Acts of the land covered by the assigned entry,
and such assignments may include all or part of an entry; but no
assignment to or for the benefit of any corporation or association
shall be authorized or recognized. (35 Stat. 52.)

Provisions applicable to Imperial County, California, only, anthoriiing com-
pletion of desert-land entries by assignees in good faith, and by holden ia
good faith of second deaert-land entries, were made by Act Jane 25, 1910, c
437, 36 Stat 867.

§ 4683. (Act March 28, 1908, c 112, § 3.) Time to complete irri-
gation works and make final proofs under desert-land entries
extended. %

Any entryman under the above Acts who shall show to the sat-
isfaction of the Commissioner of the General Land Office that
he has in good faith complied with the terms, requirements, and
provisions of said Acts, but that because of some unavoidable delay
in the construction of the irrigating works, intended to convey water
to the said lands, he is, without fault on his part, unable to make proof
of the reclamation and cultivation of said land, as required by said
Acts, shall, upon filing his corroborated affidavit with the land oflSce
in which said land is located, setting forth said facts, be allowed an
additional period of not to exceed three years, within the discretion of
the Commissioner of the General Land Office, within which to furnish
proof as required by said Acts of the completion of said work. (35
Stat. 52.)

Previous provisiona for extension of time for makinx final proofs under en-
tries of desert lands in certain cases were made by Act Aug. 4, 1894, c 208,
28 Stat. 226.

A further extension of time to make final proof on deaert-land entries ia
the counties of Benton, Yakima^ and Klickitat, in the State of WashloKtoo,
was authoriEed by Act Feb. 28, 1911, c. 180, 38 Stat. 960.

The Secretary of the Interior was authorized to grant an additional exteih
•ion of time for making; final proof to desert-land entrymen by Act April 80^
1912, c. 101, post, I 4684.

(1934)



Digitized by



Google



Ch. 6b) the public lands § 4685

§ 4684. (Act April 30, 1912, c. 101.) Further extension of time
for final proof in desert-land entries to be granted by the Sec-
retary of the Interior; afi&davit for extension; limit of ex-
tension.

The Secretary of the Interior may, in his discretion, in addition
to the extension authorized by existing law, grant to any entry-
man under the desert-land laws a further extension of the time
within which he is required to make final proof: Provided, That
such entryman shall, by his corroborated affidavit filed in the land
office of the district where such land is located, show to the sat-
isfaction of the Secretary that because of unavoidable delay in the
construction of irrigation works intended to convey water to the
land embraced in his entry he is, without fault on his part, unable
to make proof of the reclamation and cultivation of said lands as
required by law within the time limited therefor; but such exten-
sion shall not be granted for a period of more than three years,
and this Act shall not affect contests initiated for a valid existing
reason : Provided, That the total extension of the statutory period
for making final proof that may be allowed in any one case under
this Act, and any other existing statutes of either general or local
application, shall be limited to six years in the aggregate. (37
Stat. 106.)

This was an act entitled "An act authorizing the Secretary of the interior

to grant further extension of time within which to make proof on desert-land

entries."
Previous provisions for extension of time to make final proof on desert-land

entries were made by Act March 28, 1908, c. 112, § 3, ante, § 4683.

GRANTS OF DESERT LANDS TO STATES FOR RECLAMATION (THE

CAREY ACT)

§ 4685. (Act Aug. 18, 1894, c. 301, § 4.) (1) Contracts by United
States with public-land States for donation of arid lands.
That to aid the public land States in the reclamation of the desert
lands therein, and the settlement, cultivation and sale thereof in
small tracts to actual settlers, the Secretary of the Interior with. the
approval of the President, be, and hereby is, authorized and empow-
ered, upon proper application of the State to contract and agree, from
time to time, with each of the States in which there may be situated
desert lands as defined by the Act entitled "An Act to provide for the
sale of desert land in certain States ^nd Territories," approved March
third, eighteen hundred and seventy-seven, and the Act amendatory
thereof, approved March third, eighteen hundred and ninety-one, bind-
ing the United States to donate, grant and patent to the State free
of cost for survey or price such desert lands, not exceeding one mil-
lion acres in each State, as the State may cause to be irrigated, re-
claimed occupied, and not less than twenty acres of each one hundred
and sixty-acre tract cultivated by actual settlers, within ten years next
after the passage of this Act, as thoroughly as is required of citizens
who may enter under the said desert land law.

Act' March 3, 1877, c 107, and Act March 3, 1891, c. 561, § 2, mentioned
in this paragraph, are set forth ante, §{ 4674-4680. They enumerated the

(1935)



Digitized by



Google



4686 THE PUBLIC LANDS (Tit 32

States in which desert lands were to be subject to salt, and defined dnvt



(2) Map showing plan of irrigation; regulations for reservatioa.
Before the appbcation of any State is allowed or any contract or

agreement is executed or any segregation of any of the land from the
public domain is ordered by the Secretary of the Interior, the State
shall file a map of the said land proposed to be irrigated which shall
exhibit a plan showing the mode of the contemplated irrigation and
which plan shall be sufficient to thoroughly irrigate and reclaim said
land and prepare it to raise ordinary agricultural crops and shall also
show the source of the water to be used for irrigation and redamation,
and the Secretary of the Interior may make necessary regulations for
the reservation of the lands applied for by the States to (Ute from the
date of the filing of the map and plan of irrigation, but such reserva-
tion shall be of no force whatever if such map and plan of irrigation
shall not be approved.

(3) States may contract for reclamation and settlement*

Any State contracting under this section is hereby authorized
to make all necessary contracts to cause the said lands to be reclaimed,
and to induce their settlement and cultivation in accordance with and
subject to the provisions of this section; but the State shall not be
authorized to lease any of said lands or to use or dispose of the
same in any way whatever, except to secure their reclamation, cultiva-
tion and settlement.

(4) Patents to States or assigns; limit of amount to one perKm;
disposal of funds derived from sale.

As fast as any State may furnish satisfactory proof according to such
rules and reg^ations as may be prescribed by the Secretary of the
Interior, that any of said lands are irrigated, reclaimed and occupied
by actual settlers, patents shall be issued to the State or its assigns for
said lands so reclaimed and settled : Provided, That said States shall
not sell or dispose of more than one hundred and sixty acres of said
lands to any one person, and any surplus of money derived by any
State from the sale of said lands in excess of the cost of their redama-
tion, shall be held as a trust fund for and be applied to the reclama-
tion of other desert lands in such State. (28 Stat. 422.)

This section, commonly known as the Carey Act, was part of the sondry
dvfl appropriation act for the fiscal year 1895, dted abore. The portioo
of the section omitted here proYi4ed an appropriation for the examination of
the lands. It was amended by Act June 11, 1896, c 420, I 1, post, I 46^0,
and again amended by Act March 8, 1901, c. 853, 8 8, post, | 4687.

The proTisions of this section and the amendments thereto, were extoided
to the Territories of New Mexico and Arixona, by Act Feb. 18, 1909, | 1, post,
I 4690.

Subsequent provisions made subject to the terms of this section and amend-
ments thereto an additional one million acres of arid lands, in each of seYeral
states, as follows:

In the State of Idaha Res. May 25, 1908, No. 28, post, 8 4688.

In each of the States of Idaho and Wyoming. Act May 27, 1908, c. MK
f 1, post, I 4(^89.

In the Sute of Nevada. Act March 4, 1911, c 285, 8 1» post, 8 4691.

In the State of Colorado. Res. Aug. 21, 1911, No. 7, post, | 4692.

The provisions of this section and amendments thereof were extended ovtr

(1936)



Digitized by



Google



Ch. 6b) the public lands g 4687

and apply to desert lands within a portion of the former Ute Indian reserva-
tion in the State of Colorado, by Act Feb. 24, 1909, c 178, post, §§ 4693,
4694.

The provisions of this section were made applicable to the lands in the former '
Fort Bridger Military Reservation, in Uinta County, Wyoming, by Act Feb.
16, 1911, c. 90, 86 Stat. 913.

Temporafy withdrawal from settlement or entry of lands for which a state
proposes to make application under this section was authorized by Act March
15, 1910, c. 96, post, I 4695.

State laws relating to irrigation and vested rights acquired thereunder, and



Online LibraryUnited StatesCompiled statutes of the United States, 1913 : embracing the statutes of the United States of a general and permanent nature in force December 31, 1913, incorporating under the headings of the revised statutes the subsequent laws, together with explanatory and historical notes → online text (page 99 of 150)