Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1883-09-07
sonably remunerative, it is not des.

so"aoiy remuneratlve, it is not DIES.
ert.
Force must be given to the term
"crop" used in the act. 1t has def.
mite meaning; and in the sense in
which 1t Is used, it means such an ap.
r'cultural production Is would be a
TAR reward for the expense Of pro.
ducing it.
The government grants these des.
ert lands at the usual price, s1.25
per acre. 1t grants them in amounts
larger than under the Presumption
and Homestead laws, because the
lesser amount would not justify the
outlay Of capital necessary to bring
water to them. The soil OF these
lands is presumed to be good, from
the price placed upon them by the
Government. Such a soil might in
some seasons produce even fair crop
without irrigation, but in most seasons
would produce growth that, consid.
cred US crop, would afford no ade.
quate compensation for the expense
0t slowed upon it.
When the testimony shows, as in
this case, that the class OF land is
such that without irrigation it fails,
year after year, 70 return even the
seed, aud the growth Of grain sown is
so poor as to be cut for hay, the land
may prope ~ be regarded as desert
within the meaning OF the statute.
This testimony in the case is cor.
roborsted by the physical character Of
the country. In 1875 (before the
passage Of the present and more gen.
eral act), Congress passed q special
act, relating only to Lassen county,
providing for the sale of desert lands
i'll that county rs Stat, 479). Las
sen county lies within the section of
country designated by Powell US the
''arid region" sin all this region the
mean annual rainfall is insufficient for
agriculture" (Powell's Lands in the
Arid Region, page 81
AS near as | am able to ascertain
from an examination of the tables and
charts accompanying Powell's report,
the mean annual rainfall in that sec :.
ton does not exceed 20 inches. "The
limit of successful agriculture without
irrigation has been set at 20 inches;
that the extent of the arid region
should by no means be exaggerated,
but at 70 inches agriculture will not
be uniformly successful from sea.
son to season. Many droughts will
occur; many seasons in long series
will be fruitless; and it may be
doubted whether on the whole agri.
culture would prove remunerative.
d., page 81
Even with this amount of rain,
much depends upon whether the rain.
fall is evenly distributed, SO that
''rainy season" is produced, the qucs-
ton whether agriculture will be sue.
cessful without irrigation then de.
ponds upon the "rainy season." and
the amount of rainfull during that
season. Qb., page ~
The good faith of these claimants
is shown by the large amount expend.
ed by them in building a dam, and
constructing bitches for the purpose
of irrigating the lands. One of such
bitches is six miles in length, and the
amount expended by one Of the claim.
ants is 1900, and considerable sums
by the others. l am satisfied from the
testimony that the lands are desert in
character within the meaning of the
act under fair Interpretation, and
that the lands cannot be successfully
cultivated without irrigation.
The cases have been long pending,
and the controversy in relation to
them should be ended; and l must
decline to allow any further hearing
therein.
The testimony seems to have been
carefully considered by the Register
and Receiver, and by your Office, and
the same result was reached in both
cases as to the desert character Of
these lands. l concur in the conclu.
sion thus reached, and affirm your de-
cision.