The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1880-11-19
s.srs under Desert Land Act OF
March ID, 1877. M. 81
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DEPARTMENT OF THE INTERIOR,
GENERAL LAND OFFICE,
Washington, ID. c., September ), 1880.
TO Registers and ReceirerS, United States
Land Offices:
GENTLEMEN: II appears from evidence
on flo in this Office that desert land entries
have in many cases been made in narrow
longitudinal tracts along the margins OF
streams, without reference TO the require
ments Of the act of Congress of March I'd,
1877. that "each tract shall be in compact
form"
1t is also represented that, under the pr'ac-
ticc of locating meanderng sections on the
streams, large quantities of hay lands have
been taken up in certain districts, irespec-
tive of the restrictions In said act confining
desert land entries TO Glands which Will not,
without irrigation, produce some agricultural
crop"
The act of March Sd, 1877, authorizes any
qualified person, upon the payment OF TWEEN
ty-five cents an acre, TO file a declaration, I'M
der oath, of his intention 10 reclaim q tract
of desert land, not exceeding one. section"
by conducting water thereon not exceeding
three years thereafter. IL defines the right 70
the use of the water conducted on orto ANY
desert tract of six hundred and forty acres"
The declaration of intention shall particular
ly describe " said section" II surveyed, and,
II unSurveyed, shall describe the same as
nearly-as possible without a survey. Al any
time after three years, upon satisfactory proof
of the reclamation OF t'said tract and the
''payment Of the addit ional sum OF one DOL
lar per acre for tract of land not exceeding
six hundred and forty acres TO any one person
a patent 20 the same shall be issued TO him !:
Pr0uided, That no person shall be permitted
20 enter more than one section OF land, and
not to exceed six hundred and forty acres,
which shall be in compact form"
The law allows the entry OF tract OF des-
ert land mot exceeding six hundred and forty
acres. IL must be in q compact form. These
are the essential conditions relative 10 the
quantity and situation of the land that may
be enteredunder this act. Hence desert en-
tries are not restricted to specific technical
sections, but to the quantity of land EN-,
braced in a technical section. The land
must also be in compact form"
The requirement of compactness OF form
will be held to be complied with on surveyed
lands when section, or part thereof is de-
scribed by legal subdivisions compact with
each other, as nearly In the form OF tecllni.
cal section rs the situation of the land and
It's relation to other sections will admit OF, nj
though parts Of two or more sections be Ia
ken to make up the quantity or equivalent
of one section. But entries which show on
reasonable requirementsef eompactnesssa AND
being merely contiguous by the joining OF
ends 10 each other, wall not be admiued
whether on surveyed or on unsurveyed lands
On unsurveyed lands the degree of com
pactness required will be such as upon the
adjustment of the lines after the survey viii
bring the land thin the limits and general
form Of technical section, or part thereof
rs neara as may be. sa .
In no case will the side lines be permitted
10 exceed one mile and n quarter when the
full quantity Of six hundred and forty acres
is entered. Where the entry embraces les
quantity than whole section or its equiva
lent, the limit TO the side lines will be pro
portonately decreased.
You will in future be strictly governed by
the foregoing instructions. Entries hereto
fore made, whether by legal subdivisions or
surveyed lands or of irregular form on un
surveyed lands, running along the margins o.
including both sides of streams and NOT be
ing compact in any true sense, viii be sus
pended by this Office, and the, parties will b
called upon TO amend their entries so as &
conform TO the law; failing to do which, af
ter proper notice, such entries will be helt
for cancellation.
In reference TO the proper proof TO be re
qured of the desert character Of lands pro
posed 10 be entered under the desert land ac
you are instructed that land along stream
and around bodies Of water which produces
grass for hay without artificial irrigation ii
not desert land in the meaning of the law
and such lands are not subject TO desert en-
try. In accepting entries to lands on the
borders Of streams and lakes you will re
quire evidence that the land in its natural
state is not productive of hay.
J. A. WILLIAMSON,
Commissioner.
Department Of the Interior, Sept. II, 1880.
Approved: A. BELL, Acting Secretary.