Santa Fe daily New Mexican. [volume] (Santa Fe, N.M.) 1885-1897, 1889-08-14
ARID LANDS LAW.
The Secretary Of the Interior Fur
uisbes Some Highly Important
Information.
All Arid Lands and Reservoir Sites Re-
served to the Governmental
Slow Process,

The appended letter, written by the
secretary Of TIE interior to the governor
Of Idaho, III response to complaint that
land spectators were trying to secure
control Of lakes ard running streams in
that territory for the purpose OF organic
ing irrigation companies and selling water
rights TO settlers, has been referred to
GOV. Prince for his information. Its ex-
PLANTATION OF the sweeping character OF the
new law regarding arid lands is OF such
import AS to justify its publication in full
Under the act authorizing the Z, s. geo
logical survey to investigate and report on
the location OF storage reservoi S, canals,
etc, it appears FROM tins letter that no
private individual or corporation has n
right to undertake any enterprise looking
to the reclamation ol public lands. The
whole matter is in the hands Of Uncle
sam, and II tins IL the correct view Of it,
the question naturally arises " hat is being
lone 10y the government in his section OF
lie country? There is Il " hole host of nice
,ounS WAshlnH0nians about here III the
employ oil one department or the other OF
the I. :, peOiOllcaI survey, but up to date
no reservoirs have been located and no lines
lul. Tor irrigation canals. 1t isn't cheer.
tuI to reflect that il may lie years before
Uncle Sam Will help this beautiful valley
II the klO Santa he to secure and hold
her waste waters while at the same time
private capital Is prohibited from render
ng us any service according to the fol
lowing.
DEPARTMENT OF THE INTERIOR,
Washington, Aug. 3, l899.(
Hon G, L. shoup, Governor, Boise City, Idaho.
have Just received the resolution
adopted by the constitutional convention
transmitted by you to me through tele.
gram. A iull reply to this question !
think is found i'll the following provisions
OF the appropriation act OF October 2,
1885, which reads as follows.
For The purpose Of investigating the
extent to which the arid region of the
United States can be redeemed bv irriLa
tlon, and the segregation of the irrisable
lands III such arid region, and for the
selection OF sites for reservoirs and other
hydraulic works necessary for the storage
ana Utilization OF water tOr irrigation, and
the prevention OF foods and overtows,
and to make the necessary maps, in-
GLIDING the pay to employees in field and
IN office, the cost OF all instruments, ap-
paratus and materials, and all other nee
essary expenses connected therev ill.,
the work to be performed 10y the geoIog-
ical survey, under the direction of the
secretary OF the interior, the sum OF $780,
900 or 80 much thereof as NAV he neCes-
sary. And the director OF the geological
survey, under the supervision OF the sec
rotary Of the interior, shall make a report
to congress on the first Monday III
December OF each year, showing in de-
tail how the said money has been eX-
pended, the amount used for actual sur.
vey and engineer work in the field in
locating sites for reserI oirs, and an item
ICED account OF the expenditures under
this Appropriation. And all the lands
which may hereafter be designated or
selected 10y such United States SURVEYS
Tor sites Tor reservoirs, bitches or canals
Tor irrigation purposes and all the lands
made susceptible Of irrigation by such
reservoirs, bitches or canals, are from
this lime henCeiorth hereby reserved ioi
sale as the property OF the United States,
and shall not be subject afe. the passage
o; this act, to entry, settlement or oCcu-
patton unit fur her provide, by law.
Provided, That the president may al
any time in his discretion by proclama-
ton open amy portion or all the lands re-
served by this provision to settlement
under the homestead laws"
This is the law OF to-day. unreversed,
nnrepealed and in iul force. You per
eve its vast extent and tie immense
consequences that will follow therei. ON in
lie direction that Your resolution points |
unless there he further action IN regard !
thereto by congress. 1t follows necessar.
lily that the SPECTATORS, corporations or |
other persons referred to III the resolution |
are under the effect OF this law and una
Die to obtain the advantages that you say
they are seeking. Unless the law is re-
peaIed or the president opens the lands to
settlement under TIE homestead laws the |
government must have and will take
eventually absolute control OF every acre
OF arid land that may be redeemed by the
system OF reservoirs, canals and bitches |
AS provld, d III the appropriation act men
toned. The subsequent appropriation act
has not affected the above provision.
This, think is full solution of the |
whole trouble between the territory OF |
Idaho and Utah, and parties entering up
on these lands in either territory will be |
subjected to the superior title and further
control Of the United States. | have di- |
reCted the commissioner OF the land office |
10 notify the local officers OF this law and |
prohibit entries Of the kind YOU specify |
and | have also ordered the surerin,
tendent OF the geological survey to pro.
coed rapidly with the surveys on Bear
river. The statute you observe reserves
these lands from the date thereof and
The assistant attorney general Of this
department agrees with me that it
is constitutional and effective to the
extent expressed. fully appreciate the
conflict Of rights that must arise between
territories and states, but these can and
viii be better regulated by national con-
troll than local conflicts and contradictory |
legislation,
fear that the statute to which I have
referred TO is not known to the western
territories to tie extent at least that il |
ought TO be, and Twill have your dispatch
and this published to-day in full.
JonN W. NOBLE, Secretary.