, 1885-12-08
DESERT LANDS.
Over Thirty Claims Returned From
the General Land Office.
What Is required by the Department
to make the Proofs Perfect.

Within a short time a number of per
sons who have made final desert proof
at the land office in this city, have re-
ceived notification from Register Edgar
5. Wilson that their papers did not com
ply with the spirit or even the letter of
the law. The notification sent was in
substance an extract from a recent letter
from Commissioner Sparks of Washing
ton, d. G, and reads as follows
IN the final proof paper for applicant
to sign under question l6, there is a
phrase which seems to be overlooked by
many applicants, duly verified abstracts
OF title must be furnished, the referen c
being to the right and proprietorship Of
toa,er for irrigation of the desert land
tract. It is not deemed enough by this
office for applicant to say that a ditch has
been constructed by an association of
individuals of which the afiant is a
member, or 10 say that water is drawn
from a creek or river, under a right con
ierred by law, without stating what hat
law is. Nor is it giving IAN abstract of
title" to say that ones proprietorship to
the water is by purchase from the com
papy owning said ditch conveying it. If
it is asserted that applicant uses the water
by prior Appropriation of the same, with
out its being a matter Of record, there
should be come show Of ha,i ing such right
by general law, or general and unaues-
toned assent, and usage. Ii applicant
afirms that the bitches he uses were
constructed by himself and associates,
ei.h hul ling a like share, he should state
how IN my shans there are, and how
many h. holds, and under what grant ard
pro ect'o1, and what the source of his
supply. Now the demand for abstracts
OF title goes upon the common law prin
ciple. which demands evidence not only,
but the best eridence ofwhich the case ad
mits. Sometimes this leads to a show
ing of the action Of the board of county
commissioners, aud sometimes to the
showing Of the character of some associa
ton, and the number of shares an APP
plicant holds under its working. What
ever the kind of evidence, some kind is
required, and that, the best possible under
the circumstances. You will call upon
all applicants to furnish for your trans
mi SION to this office, such supplementary
proof a. to their title TO their water right,
as he Ease admits Of and requires"
The letter from Commissioner Sparks
showed simply the construction placed
upon tie matter by the department, with
out giving definite instruction as to the
proper steps to be taken by the parties
interested to secure the necessary proof
before filing their papers. A prominent
attorney of this city, who has been con
suited 10y clients in regard to this matter.
said yesterday:
THE first step for the applicant is to
show by witnesses, the ownership Of the
land in question, also Of the ditch. And
wheu the dit h begins on other land, an
agreement with the owners for its use,
should appear. WherD a ditch company
has been organized, a copy Of the articles
OF incorporation, and an abstract of the
record, showing how many shares the APP
plicant owns, also a copy Of the bylaws
referring to the sale of the water should
be furnished. II, however, the bylaws
do not show the disposition of the water.
then a certified copy of The agreement to
sell the claimant the wafer ought to be on
file at the Office of the register Of deeds
of the county. In case the claimant buys
his water from a company, q duly verified
copy of the sale Of water, recorded in the
office of the register Of deeds, and an alb
stract of the title attached, should be
provided. These points cover the re-
quirements demanded by the land office"