Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1891-01-22
IRRIGATION RESERVOIRS.
4 Decision by the Commissioner Of the Gen.
eral Land 0fice.

The following decision by the Hon.
Commissioner of the General Land
Office will be of interest to our readers,
especially those whose filings come
within its provisions, as it decides the
question of lands reserved for irriga-
ton reservoirs. We are informed by
Mr.. Won Tobel that he is preparing to
make a test case on the question.
Register and Receiver,
Lswistown, Montana.
In the act of October 2, 1888, enti-
tied "An act making provisionsfo for sew
eral civil expenses ofthe government" +"
etc., (25 Stats. p. 527l the following
provision occurs:
'1And all the land which may hereafter be
designated or selected by such United
States surveys, for sites for resorveirs,
bitches or canals, for irrigation purposes
anG all the lands made susceptible to irri-
Eatien by such resesv oirs. bitches or canals,
are from this time hencsforth, hereby re-
served from sale, as the property Of the
United States, and shall not be subject
after passage Of this act, to entry, settle
msnt or occupation until further provided
by law"
The act of August 80, 1890, entitled
can act making provisions for sundry
civil expenses OF the government" etc.
session acts of the first session OF the
Fifty-first Congress, p. 391), contains
the following provisions:
For topographic surveys in various por-
tions OF the United States, three hundred
md tua Nv -Gya nd Il <,1I hol lF
OF which sum shall be expended west OF the
one hundredth meridian; and so much OF
the act of October second, eighteen hun
drsd and sighty-eight, entitled, AN act max
ing appropriations for sundry civil ex penses
of the Government for the fiscal year ending
June thirtieth, eighteen hundred and eighty
nine, and for either purposes as provides
for the withdrawal OF the public la nds from
entry, occupation and settlement, is hereby
and all entries made or claims
initiated in good faith and valid but for
said act, shall be recognized and may be
perfected in the same manner as il said law
had not been enacted, exespt that reservoir
sites heretofore located or segregat ted
shall remain segregated and reserved from
entry or settlement as provided by said
act, until otherwise provided by law, and
sites hereafter located or selected
on public lands shall in like manner be re-
served from the date of location or selec-
ton thereof"
mo person who shall, after the passage
OF this act, enter upon any OF the public
lands with a view to occupation, entry or
settlement under any OF the land laws shall
be permitted to acquire title to more than
three hundred and twenty acres in the ag-
grsgate, under all OF said laws, but this linn
itati0n shall not operate to curtail the
right OF any person who has heretofore
made entry or settlement on the public
lands or whose occupation, entry or settle
ment is validated by this act: Provided,
that in all patents for lands hereafter taken
up under any OF the land laws OF the
United States or any entries or claims vail
dated by this act, west of the one hundredth
it shall be expressed that there
is reserved from the lands in said patent
a right Of way thereon for bitches
or canals constructed by the authority OF
the United States"
This act was the subject of circular
"a" September 5, 1890, in which act
you were advised that the act of
August 80, 1890, last above cited, re-
pe.i so much of the act OF October, 2,
1888, as withdraws the land in the
arid regions OF the United States from
entry, occupation and settlement, with
the exception that reservoir sites there
tofore located and selected shall re-
main segregated and reserved from en-
try and settlement until otherwi,e
provided by law; and reservoir sites
hereafter located or selected on public
lands, shall in like manner be reserved
from the date of location or selection.
In other words, the act OF August
30, 1890, recognizes Withdrawals OF
lands made by the act of October 2,
SSS, in each and every case where an
actual selection was made prior to the
passage of the act of August 80, 1890,
and it follows that such selections re-
late back to the original reservation
made and created by the act OF Octo-
Der 2, 1888.
On July 8, 1890, there was trans
mitted to you by letter "E' a list OF
lands designated and selected by the
director OF the United States Geolog-
ical Survey, as sites for reservoirs, with
the recommendation that all the pub
lie lands within the limits specified, be
as provided by the act of
October 2, 1855. This letter and list
was accompanied by a copy of the
order of the Hon. Secretary of the In
terror, dated March 13, 1890, direct
ing that said list be examined in con-
nection with the records of this Office,
and that such steps in regard to the
lands embraced therein be taken as
may be appropriate to securing unto
it's execution the provisions OF said
law.
You were accordingly instructed to
suspend from all manner OF disposal
the lands enumerated in said list until
further advised by this office.
In view of the provisions OF these
acts, and all instructions and orders
Hereunder all settlements, filings and
entries made for any and all of said
lands enumerated in the list referred
to, or in other lists of similar import,
or on lands actually selected prior to
August 80, 1890, and of which you
have not yet been notified, within the
so-called arid region, made between
October 2, 1888, and August 80, 1890,
are illegal.
James A. Ford made pre-emption
cash entry No. 3537 for the NJ Mel,
NEA NWA and Lot 1, Sec Is, TIP. Il
N, r. 13 E., May 21, 1889; this tract
with other lands, was set apart foI
the Judith River Reservoir System
the entry, having been made subse
quent to the passage of the act o.
October 2, 1888, and the actual reser
walton having been made prior to the
passage of the act of August 30, 1890
is illegal and therefore held for cancel
latien. So advise Ford. allowing sixty
days for appeal.
Respectfully,
w. M. STONE,