Arizona weekly enterprise., 1889-08-31
TIE ARID LIND LAW.
Secretary Noble Explains its Purport More Fully. It Applies Only to Land Surves ed for Reservoir and Canal
 sites .nd RecIaimabIe Under
DEPARTMENT OF THE INTERIOR,

DEPARTMENT OF THE INTERIOR,
 WASHINGTON, Aug. 5 loo9.}
 Hon. G. L. ohoup, Governor, Bose City Idaho:
 have jus, received the resolution adop, ed by the constitutional cUnven- tion ransmi. ted by you to me through telegram. A full reply to this ques- ton, think, is found in the follow ing provision oG the appropriation act of October 7, 1SoS, which reads as follows:
 "For the purpose of investigating the extent to which the arid reglon ol the United States can be redeemed by irrigation, and the segregation ot the irrigable lands in such arid region, and for the selections of sites Tor reser- voirs and other hydraulic works neces- sary for the storage and utilization ol water for irrigation and prevention oi floods and overhows, and to make the necessary maps, including the pay ot employees in field and in office, the cost of all instruments, apparatus and materials, and all other necessary ex- penses, connected herewith, the work to be performed by the geological sur vey, under the direction of the Secre- tary of the Interior, the sum of one hundred thousand dollars or so much thereof as may be necessary is appro- priated.
 survey, under the direction of the Secretary of the Interior, shall make 8 | report to Congress on the first Mon l day in December of each year, show ing in detail how the said money has been expended, the amount used for actual survey and engineer work in the field for locating sites for reser- voirs, and an itemized account of the expenditures under this appropriation. And all lands which may hereafter be designated or selected by such United States or canals for irrigating purposes and all the lands made susceptible oi irrigation by such reservoirs, ditches O. canals are from this time hence forth reserved from sale as the porp- erty of the United States and shall not be subject, after the passage of this act, to entry, settlement or occupation until further provided by law
 Provided that the President may al any time in his discretion by proela- nation open any portion or all of the lands reserved by this provision tc settlement under the homestead laws"
 This is the law of to-day, unrevers ed, unrepealed and in full force. Yor perceive its vast extent and the i'm mense consequences that will follow therefrom in the direction that you resolution points unless there be fur ther action in regard thereto by Con gress. It follows necessarily that tht
 speculatOrs, corporations or other per
 sons referred to in the resolutions art under effect of this law and unable tC attain the advantages that you sa, they are seeking; unless the law i repealed or the president opens tn,
 lands to settlement under the home stead laws. The government mus have, and will take eventually, abso lute control of every acre of arid lanc that may redeemed by the system 0
 reservoirs canals and ditches as pro
 vided in the appropriation act men : toned.
 The subsequent appropriation ac , has not effected the above provision This, think, is full solution of til whole trouble between the Territorie of Idaho and Utah, and parties enter s ing upon these lands in either Terri i, tory will be subjected to the superio title and further control of the Unite
 States. 1 have directed the Commi:
 sioner of the land office to notify tn : geological survey to proceed rapidl ' with the surveys on Bear river.
 The statute, you observe, reserve , these lands from the date thereof, an 7 the assistant attorney general of thi department agrees with me that 1t l constitutional and effective to the e7
 tent expressed. I fully appreciate tn
 conflict of rights that must arise bt , tween Territories and between Terr
 tories and States, but these all ca
 and will be better regulated by Il; j tional control than local conflicts an n contradictory legislation I fear tha Y the Statute to which I have referre is not known in the western Terr tories to the extent, at least, that l. ought to be, and I will have your di e patch and this published to-day l. full.
 JOHN w. NOBLE, Sec.