Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-02-29
Secy. Hitchcock Renders Decision
That Will Stop Work Of Des-
ert Land Thieves
IRRIGATION MUST Be ACTUAL.
Entrymen Must Have Absolute Right
To Sufficient Water to Successfully
Irrigate Land.
Especial to the "News.")

Washington, n. c., Feb. 27,-'The rul-
ing OF Secy. Hitchcock today in re-
gard to final proofs In desert land en-
tries, will put the screws to the desert
land thieves and throw a scare into
thousands of applicants for patents
under the desert land law.
The ruling is the result Of an In
aulry concerning the acceptance by
the land Office OF final proof Of an en-
tryman In Wyoming, said proof con-
slsting OF evidence showing that q
marked increase In the growth OF grass
or grass sufficient to support stock
had been produced on desert land. 1t
seems that certain expressions In that
decision had been taken as indicating a
purpose to encourage the offer and
sanction the acceptance OF final proofs
in desert land entries that do not clear
~ establish a strict compliance with
all the requirements Of law That such
result was not contemplated when
that decision was rendered, and that
the department does not intend there
shall be any relaxation Of the enforce
ment of the requirements and that the
law and regulations governing such
matters must be complied with In every
essential particular, Is most clearly set
forth in the ruling today.
The secretary holds that entrymen
must have an absolute right To suf-
iicient water to successfully lrrigate the
land. That the system OF bitches to
conduct the water 10 and distribute II
over the land must be adequate for
this purpose, and that the land must
be actually irrigated for n sufficient
period OF time to demonstrate the suf-
fciency OF the water supply and eff
feotlveness of the system, are essential
facts which must IN all cases be clear
ly established by the proofs. Actual
tillage must as rule be shown. II,
however, II be shown. and It must he
made to conclusively 80 appear, that
because OF climatic conditions crops
other than grass cannot be successfully
produced or that actual tillage OF the
soil will destroy or injure It's productive
qualities, the actual production Of a
crop of hay Of merchantable value as
the result OF actual irrigation may be
accepted as sufficient compliance with
the requirements as TO cultivation.
Proofs which show that because Of ir-
rlgation there Is on the land "a marked
Increase In the growth Of grass" or
that grass sufficient TO support stock
has been produced on all the land
viii not be accepted as showing COM
pliance with that provision OF the
anendatory act Of 1891 that proof shall
be further required OF the cultivation OF
one-eighth Of the land"
This ruling directly affects appli-
cants for patents to lands under a
number OF the large irrigation bitches
In several OF the western states. I'M
der this decision the mere presentation
of water right secured by purchase
from q company will not be considered
sufficient proof, II must be accom-
panied by conclusive evidence that the
capacity OF the ditch and the water
supply are sufficient to irrigate the
land, that the ditch company has ac-
tually supplied the water required, and
that the land has been actually culti-
waited.
IT has frequently been the practise
OF large canal companies 10 sell water
rights far In excess OF the water sup
ply or the carrying capacity Of the
ditch, and this decision, by rendering
such water rights OF no value as proofs,
may serve TO protect innocent purchase
ers who contemplate taking up homes
on desert lands In the vicinity Of these
canals.