The record-union., 1895-02-01
DESERT LANDS FOR IRRIGATION.
California Entitled to Patents to One
Million Acres.
How They Are to be Selected, and
Other Regulations Imposed by
the Government.

The United States Land Office in this
city is in receipt of a circular from the
Interior Department containing regula-
tions concerning the selection of desert
lands by certain States.
According to an Act OF Congress, the
Secretary of the Interior, with the ap-
proval of the President, is authorized to
contract and agree to patent to the States
Of Washington, Oregon, California, Ne
vada, Idaho, Montana, Wyoming, Colo
rado. North Dakota and South Dakota,
or any other States, as provided in the
Act and, in which may be found desert
lands, not to exceed l, 100000 acres of such
lands to each State, under certain condi-
tions. The text of the Act is as follows:
''Section 4. That to aid the public land
States in the reclamation of the desert
lands therein, and the settlement, cultlva-
ton and sale thereof in small tracts to
actual settlers, the Secretary OF the lnte-
rior, with the approval OF the President,
be, and hereby is, authorized and EN-
powered, upon proper application of the
State, to contract and agree from time 10
time with each OF the States in which
there may be situated desert lands as de-
tined by the Act entitled An Act to pro-
vide for the sale OF desert land in certain
3, 1877, and the Act amendatory thereof.
approved March B, 1851, binding tho
United States to donate. grant and patent
to the State free of cost for survey or
price such desert lands, not exceeding
1000, coo acres III each State, as the State
may cause to be irrigated, reclaimed,
occupied, and not less than twenty acres
OF each l6Oacre tract cultivated by actual
settlers, within ten years next alter the
passage of this Act, as thoroughly as is
required OF citizens who may enter under
the said desert land law.
ANY State contracting under this sec
ton is authorized to make all necessary
contracts to cause the said lands to be re-
claimed, and to induce their settlement
and cultivation IN accordance with and
subject TO the provisions OF this section;
but the Stale shall not be authorized TO
lease any of said lands or to use or dis
pose OF the same in any way whatever,
except to secure their reclamation, culti-
vation and settlement; provided, that
said States shall not dispose Of more than
100 acres Of said lands to any one person,
and any surplus OF money derived by any
State from the sale of said lands in excess
OF the cost of their reclamation, shall be
held as trust fund for and be applied to
the reclamation of other desertl lands in
such State"
The law requires that the State shall
first file map of the land selected and
proposed TO be irrigated, which shall ex-
hibit plan showing the mode OF con-
templated irrigation and the source of
the water In accordance with the re-
Quirements OF the Act, the State must give
full data to show that the proposed plan
Will be sufficient to thoroughly irrigate
and reclaim the land and prepare il to
raise ordinary agricultural crops, for
which purpose a statement OF the amount
OF water available for the plan OF irriga-
ton will be necessary.
lay,r Of -i,,,+ ! IL
decisions hereunder are as follows: "AII
lands exclusive of timber lands and
mineral lands, which will not, without
artificial irrigation produce some agri-
cultural crop, shall be deemed desert
land" 1t is prescribed also as follows:
tirst-Lands bordering upon streams,
lakes or other natural bodies of water,
or through or upon which there is any
river, stream, arroyo, lake, pond, body
OF water or living spring, are not subject
10 entry under the desert land law until
the cIearest proof of their desert character
is furnished.
Second-Lands which produce native
grasses sufficient in quantity, if unfed
by grazing animals, to make al ordinary
crop OF hay IN usual seasons, are not
desert lands.
Third-Lands which will produce an
agricultural crop OF any kind, in amount
to make the cultivation reasonably re-
muneratye, are not desert.
Fourth-Lands containing sufficient |
moisture TO produce a natural growth OF !
trees are not to be classed as desert lands. !
Ihe map should be accompanied by q |
list IN trIplicate OF the lands selected,
designated by legal subdivisions. When !
tow nshlp has not been subdiYided but |
has had its eXterIors surveyed, the whole |
township may be selected, but no patent |
can issue thereon until The land has been |
surveyed.
The lists ,,ouSt La ooroF,II--o.l -:
ca!Iy examined by the Register and Re-
celyer, and their accuracy tested by
the plats and records of their Office |
when so examined and found correct in
all respects, the Register will thereupon
post the selections in ink in the tract
book.
For rejected selections new applica-
ton and new list will be required, upon
Whlch the Register Will note opposite
each tract the objections appearing on the
records, and lndorse thereon his reasons
IN full fCr refusing to certify the same
Ihe agent will be allowed to appeal in the |
manner provided for in the Rules of
fractlce. Lists containing erasures re-
celVeo at this office viii not be filed, but
VIII be returned for perfection. Form OF
tlIle page 10 be prehxed to the lists Of Sc
Iectlons viii be found on page s. marked
a. On The map Of lands selected the
Register VIII mark rejected" such tracts
as ne has rejected on the lists.
When the canals or reservoirs required
py the plan OF irrigation cross public land
not selected by the State, an application
ior right OF way over such lands under
sections Is to q, Act Of March 3. 1891
go Stat, 1885. should be filed separately.
In accordance with the regulations OF
February 20, 1894
Accompanying the circular are five
forms to De hlled out, and which must be
sent TO the Interior Department to obtain
the lands.
The present Legislature is expected to
take action in the matter, so that the State
VIII get It's full quota OF the land.