The Arizona sentinel. [volume] (Arizona City [Yuma], Yuma County, A.T. [Ariz.]) 1872-1911, 1890-07-12
relief rroEsA she Arid Eul2ls
law.
(gepubushed BY general requcst.)
Pacific Rural Press.

request for communications on the sub
iect of how to provide relief from the
Objectionable parts of the Arid Lame
law of October 1888, J will say that the
law practically reserves all desert land
from entry or settlement except such
as are so peculiarly situated that they
can never be reclaimed through the
agency Of reservoirs. 1t does net &C
tually reserve such lands; it renders
fling on them on such doubtful vail
dity as be very undesirable, and, 30
say the least, risk,
AS the law reads now, would not
be safe to ile on any desert land un-
less one first explored all the sur
rounding elevations ard water sup
plies to be sure there was no possibi-
liry of its being subject to benefit
from a future reservoir.
The land offices are to this day re
ceiving hlings on desert land, and
many are making filings with the idea
of reclaiming their lands independents
Iy of any reservoirs, and it would seem
that they should be assured that it
will not be within the power of
Major Powell or his successor to say
hereafter that this land lies within a
district liable to be benefited by pos
sible mo matter how improbable) re-
servoirs.
Enthusiastically the intention Of the
Act of October, 1888, was to prevent
land reclaimable only by the agency
of reservoirs from being gobbled up
by spectators who would depend on
the Government showing such lard to
be so reclainable. An exact con-
struction of the Act does not say that
only such lands as are rcclaimabIs IN
no other way than 10y reservoirs shall
be reserved, but might as easily be
construed as embracing all lands, no
matter how otherwise reclaimed, pro-
7ided the Chief of the Survey reports
them capable of being irrigated
through the agency of reservoirs. The
true relief, then, would seem to be to
make the law read so that any land
which could be proven to the satisfac-
ton of the Land Department Of the
Government to have been reclaimed
Independently of any reservoir would
no be subject to the reserve clause Of
the Arid Land law Of October, 1888
I assumed as the basis of my sug-
gestions that the Desert Land At is
4 wise law. Many seem to think that
the Arid land bill viii prevent spe-
culators from taken up land inasmuch
as it reserves the land entirely and
provides that if it is ever thrown on
the market it shall be in so acre tracts
. actual settlers. If the Desert
Land, Homestead, Presumption and
Timber Culture Acts are not wise the
proper mode Of procedure would be to
amond or repeal the acts. This would
eliminate any discussion from this
standpoint. The Desert Land Act
allows any citizen to file on $40 acres
of unproductive, d sert land, and
after he has proven to the satisfaction
Of the Government that he has con-
Quoted water on 1t in sufficient guam
tity and of permanent supply so as
20 make it habitable and productive
it allows him to purchase it of the
Government at a low price. The
Homestead, Presumption and Timber
Culture Acts allow a citizen to take
up l60 acres under each Art. The
Arid land law does not abolish these
various Acts but restricts their appli-
cation so that one may take up but so
acress by actual settlement on desert
land. 1t does not restrict him to 50
acres of fertile land in a rainy region.
Surely here is an Inconsistency. We
are restricted to 80 acres whore we
have to buildour own reservoir, canals,
etc; and are allowed 100 acres il
we 90 where reservoirs are not needed
and nature has reclaimed the land.
Eighty acres III Arizona with water
TO be provided at the Evidence Of the
settler may be better than 100 acres
Of our California soil, with rain provi
ded free, but it would be hard to con
vince the average Californian Of the
fact. D. A. LINDLEY.
nzAa-ssz.vzz..ezz -
Arid Hand Law Railing.