The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1904-10-18
CONDITIONS GOVERNING PAT.
ENTs TO IRRIGATED LANDS.
ACIRCuLAR BY Department
Claim Shanties and Nominal Resi-
dence Will Not Be Recognized
As Legal Home.

Those desiring to Jake up land or
to make homes under any OF the many
irrigation projects undertaken by the
government will find the requirements
for securing patents to such land
much more rigid than those imposed
under any former grants by the gov
eminent. For the guidance OF in
tending settlers the department OF the
interior has issued the following cir
cular on the reclamation act:
Only Actual Settlement.
"The only way in which land can
be taken is under the terms OF the
homestead law, which requires actual
| settlement and cultivation. Occa-
sional absence is allowable, il some
good reason is given, but actual and
continuous residence is required by
the law, and you must establish your
home on the land and live there for
the full term required.
you are given six months from
the time of taking out your first pa:
pers to establish a residence, and be-
fore the end OF that time you must
be actually living on the ground. The
! claim shanty and the nominal resi-
dence which may have sutticed under
some conditions will not be sufficient
on the irrigable land. An actual home
! where you sleep and take your meals
habitually will be required.
"You car obtain title to a certain
| piece of land only, which may be 40,
80, 100 or 100 acres, and you can
not convey any title to this, or to any
portion of it, until you have lived on
it at least five years. You may be
able to relinquish or give up a portion
of it, and in that event some other
person can make a new homestead
| entry, but you a not transfer to
| him any rights or privileges, and he
must begin his term OF residence
from the time he makes his entry.
"After you make your homestead
entry you must comply with the
terms of the homestead law. No ex-
cuuse will be accepted because OF
lack of water, as it is not desired to-
have people enter the land until water
is ready for their use; if lands are
entered upon before water is ready
there is a presumption that the per.
son making the entry does it for spec
ulative purposes rather than for an
actual home. Under usual conditions
there is no law to prevent your enter
ing 100 acres at first; but this entry
down to 40, 80 or 100 acres, accord
ing to the plans finally determined
upon. The entry will be subject to
certain limitations, charges and
terms, which cannot be given until
the contracts for obstruction have
been let.
No Assurance Given.
you can have no assurance that
the land will be irrigated until public
notice has been given. II you enter
in advance OF the public notice you
make a speculative entry, wholly at
your own risk, and without any guar
antee or safeguard that water will
be supplied, and with a reasonable
probability that you may lose your
homestead right.
The lands and waters are to be
managed by water users associa-
tions. They are associations of indl.
viduals owning OF having claims to
water and lands to which water may
be supplied by the works constructed
by the government. They are formed
in order to assure the government
that the and owners will apply for
water from the irrigation works, and
that they will so adjust the existing
claims to the use of water that the
administration of all the water avail
? able for lands in private ownership,
whether from private or government
!. irrigation works, shall be under one
control, viz, that of the water users
themselves.
persons joining such associations
agree to turn over to the management
OF the association the water which
they have heretofore appropriated, to
be administered in connection with
the additional water supply furnished
from the government irrigation sys.
tenn. They agree to make their for
mer water rights, as we'll as the gov.
: eminent water rights, appurtenant to
: the lands irrigated. They agree to
. pay the charges for the water rights