, 1886-04-29
rnE pEsERT LAND lam


The amendment proposed arc conceived
in a spirit of fairness and contain as much
of safeguard against frauds as can be pro-
yided by any enactments. The text of
the sections proposed t. be added to the
act is as follows:
Sec. 1. That 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 thorough
" irrigate and reclaim said land, and pre-
pare it to raise ordinary agricultural crops
in every part thereof. and shall also show
the source of the water to be used for irri-
CATION aud reclamation, and said declara-
ton shall show that said applicant has a
ditch OF water right or other privilege, or
an interest therein, sufficient 10 irrigate
and reclaim said land as herein provided;
and thereup"n the applicant shall be emit
tied to enter said land, If otherwise unar-
proprlated; and any person otherwise
qualified may make entry for a tract of
desert land o exceeding a section, who
WINS such water ditch, water right, or
privilege, or an interest therein, sufficient
20 thoroughly i~rrigate the same. Where
persons entering separate sections, or frlc-
tional parts of sections, of desert lands,
have associated together in the construc-
ton of canals and bitches for irrigating
aud retaining all Of said tracts, they may
file a joint map or maps showing their
plan of internal improvements.
Sec. s.. That no land shall be patented
10 go paraon .-l.r tI.a .Af ,trlaoa he -
his a%ssignors shall have expended in the
irrigation and reclamation thereof, by
means of main canals aud branch bitches,
and in permanent improvements upon the
land, at least s. per acre of the whole
tract reclaimed aud patented, in the man
ner following: Within one year after
making entry for such tract OF desert land,
as aforesaid, the party so entering shall
expend not less than 81 per acre in the
necessary irrigation and reclamation OF
said tract, in the construction of main or
branch bitches to or upon the same; and
he shall in like manner expend the sum
of 81 per acre during the second and also
during the third year thereafter, until the
full sum of 50 per acre is expended
in the construction of canals and bitches
10 irrigate and reclaim said tract Of desert
land. Said party shall file during each
year with the register a map or plan show
ing the progress of said improvements,
and shall prove each year, by the a~fiavits
of two or more credible witnesses, that
the full SUN OF one dollar per acre has
been expended in such improvements
during such year, and during each year
after date of the entry. II any party who
has made such entry shall fail during any
year to file the plan and testimony atore-
said, the lands shall revert to the United
States, and the twenty five cents advanced
payment shall be forfeited to the United
States, and the entry shall be cancelled.
Nothing herein contained shall prevent a
claimant from making his final entry and
receiving his patent at any earlier date
than heIeinbeiore prescribed, provided
that he then makes the required proof of
reclamation TO the aggregate extent of
three dollars per acre.
$50. G.. That in all cases where desert
lands have heretofore been filed upon in
good faith under the law for the sale OF
desert lands, and the said filings have not
been cancelled or the land abandoned, or
where final entries have not beer hereto.
fore made, notice shall be gwen to each
locator thereof To file, within ninety days
thereafter, with the register of the local land
office, a map or plan Of any Improvements
commenced or projected for the irrigation
and reclamation of the land 80 taken up.
the progress made in such irrigation. the
source of water supply, and other par
ticulars herein required in case of an
original application. the same to be sub
stantiated by the afhdayits of at least two
credible witnesses. If it shall satisfac
torily appear from the showing hus
made in any case. that the party thus
taking up said desert land is not in good
faith proceeding to irrigate and reclaim
the same, or that he has no ditch or water
right or privilege, OF interest therein. suf-
fcient to irrigate il, or has not expended
in the necessary works TO irrigate il at the
rate OF at least one dollar per acre per
year for any part of three years elupsing
since the date of his application, SAID
land and all moneys paid therefor shall be
forfeited to the United States, and the
claim shall be cancelled. In case any
such desert land clam shall have been
suspended. but not cancelled, such sus-
pension shall be removed and notice shall
be sent as hcreinbefore provided and
proof shall be required that the parties
claiming the same were diligently en-
gagged in necessary works of reclamation
At the date Of suspension; and if the sus.
pension was made after the lapse of a
year after entry, proof shall be made that
at least one dollar per year per acre had
been expended before suspension, and on
such proof being made the time of sus.
pension shall not be included in es.
timating time for any of the pur-
poses of this act: Pnoriied. That expen-
ditures made during the period OF
suspension shall be applied in satisfaction
Of the annual expenditure required by
this act The annual proofs required by
this ast in case Of new entries shall be
made by parties claiming under former
applications Provided. That the proof
made under the notices aforesaid shall
suffice for the year in which such proofs
are made. In case Of failure to make
such proofs annually thereafter. the
claims of all persons dcfaulting therein
shall be cancelled and the lands aud
moneys paid therefor shall be forfeited to
the United States. Any witness ia max
ing any prof, or any applicant giving
any testimony or making any affidavit or
oath authorized by this law, who swears
falsely to any material matter contained
therein, the said false swearing being
willful and corrupt, shall be deemed guilty
of perjury, and shall be punished by i'm
prisonment OF not more than five years
nor less than one wear, aud by fine Of
not more than a. 200.
SEC. Z. That at any time after filing
the declaration. and within the period of
three years thereafter, upon making
satisfactory proofs to the register and the
receiver Of the reclamation OF said land
to the extent and cost and in the manner
aforesaid, and substantially in accordance