Arizona weekly enterprise., 1890-08-23
Arid Land Entries.

Washington special dispatch to the Globe-DemOcrat dated August 16th says: Commissioner Croft of the General Land Office today issued an additional letter of instructions to the Registers and Re ccivcrs of United States Land Offices throughout the Western States and Ter rtories upon the subject of entries in the arid regions A circular letter of instruc- tions was issued upon this subject one year ago by the Secretary of the Interior, calling attention to the provisions of the act of Congress of October 2, 1888, and directing the Registers and Receivers to cancel all filings subsequent to the date of the approval of this act.
 By the provisions of the act of 1888 the Director of the Geological Survey was authorized lO make al irrigation 'oy, with the view of selecting sites for reser- voirs, canals and ditches, and all irrigable lands within the arid regions were with drawn from settlement After citing the provisions of the act the Secretary's let fer of instructions continued;
 The object sought to be accomplished by the foregoing provision IS unmistaka ble The water sources and the arid lands that may be irrigated by the system of national irrigation are now reserved to be hereafter when redeemed to agricul- ture, transferred to the people of the Territories in which they are situated for homesteads The act of Congress and common justice require that they should be faithfully preserved for these declared purposes.
 "lhe statue provides that all lands which may be designated or selected by the Geological Survey as sites for reser- voirs, ditches or canals for irrigating pur- poses, and all lands made susceptible of irrigation by such reservoirs, ditches or canals, are since the passage of said act absolutely reserved from sale as property of the United States, and shall not be subject after the passage of the act to entry. settlement or occupation until further provided by law, or the President by proclamation. may open said lands to settlement. Neither individuals nor cor porations have the right to make filings upon any lands thus reserved, nor can they be permitted to obtain control of the lakes and streams that are susceptible of uses for irrgating purposes. You will, therefore, immediately cancel all filings made since October 2, 1888, on such sites for reservoirs. ditches or canals for irligat- ing purposes, and all lands that may be susceptible of irrigation by such reser- vors. ditches or canals, whether made by individuals or corporations, and you will hereafter receive no filings upon any such lands.
 Notwithstanding the passage of this act and the subsequent instructions to the land officials, it appears that numer- Ous filings and entries within the arid re- gions have been permitted to be made. Last April the Attorney General was ask ed for an opinion upon the matter of these subsequent filings and entries, and he fully sustained the action of the Com missioner. In his letter of instructions issued to-day Commissioner Croft calls attention to the former instruction by the Secretary and the opinion of the Attorney General, and directs the Registers and Receivers to proceed strictly i'll accord ance herewith He thus concludes:
 Although, in any case, there be at the time no designation of the land involved therein as a section for site or sites for 1 reservoirs. ditches, or canals for irrigation purposes OF as land thereby made suseep- | tible of irrigation; that fact is not to be considered as showing that the land is | open to entry, as, although not yet select | ed, it may be liable to such selection un- | der sad act, which is held to withdraw | all lands so liable from disposal. You will, therefore, permit no entry or filing | of any lands lying within the arid regions | that may be included in your land dis 1 trict, on any condition whatever, but will l promptly reject any application that may
 be made for such an entry or filing, with the usual rigbt of appeal. You will take any necessary action to ascertain the | proper limits of the arid regions, and whether any lands in your district are
 included thereiB, and if you have any doubt thereof, you may submit the ques-
 ton to this office for specific instructions.
 Any entries or filings of lands within the
 arid regions which may have already
 been allowed subsequent to the passage
 of the act of October ?, 1888, and report
 ed tO this office, will be taken up and
 acted upon according to the principles
 indicated herein, as soon as practicable
 in the course of official business"
 The question of withdrawing the arid
 lands from settlement is one which has
 been extensively debated incidently during
 the consideration of inc appropriations fol
 the irrigation sdrvey. Some of the western
 senators and members made vigorous
 protest and endeayored to wholly defeat , the irrigation scheme of Director Powel and the department, but they succeeded
 only in part The appropriation has pTac tically continued to a smaller extent thaI before, but it is evident from the instruc
 tons issued today that the policy inau
 gurated relative to the irritation of the ariC lands is still in force, and will remain SC , unless Congress takes positive action t
 the contrary
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