The Parma herald. (Parma, Idaho) 1903-1917, 1904-03-19
MUST HAVE WATER
Absolute Title To Sufficient Wa
ter ESSENTIAL to Final Proof
on Desert Entry.

HIS lhdut q luilhs it AcS"A' I
to final proofs in desert land entries that
is Of the utmost Importance to many
settlers in Idaho.
The ruling is the result Of an inquiry
concerning the acceptance by the land
office Of final proof Of an entryman in
Wyoming, said proof consisting Of evil
dence showing that a marked increase
in the growth OF grass, or grass sufficient
to support stock had been produced on
the dessert land. It seems that certain
expressions in that decision had been
taken as indicating a purpose to en-
courage the offer and sanction the ac-
ceptance OF final proofs in dessert land /
entries that do not clearly establish I
strict compliance with all requirements .
oi the law. That such a result was not
contemplated when that decision was
rendered. and that the department does
not intend there shall be any relaxation
OF the enforcement OF the requirements
and that the law and regulations govern
ing such matters1nust be complied with
in every essential particular, is most
clearly set forth in this latest ruling.
The secretary holds that entrymen
must have an absolute right to sufficient
water to successfully irrigate the land.
The system of bitches to conduct the
water to and to distribute it over the
land must be adequate for this purpose,
and that the land must be actually irri-
gated for sufficient period of time to
demonstrate the suficiency Of the water
supply ard effectiveness Of the system,
are facts which must in all cases be
clearly established by the proofs. Ac-
tuaI tillage must as rule be shown. Ii,
however, it be shown, and it must Ie
made to concIusiyely 80 appear, that be-
cause Of climatic conditions crops other
than grass cannot be successfully pro-
duced, or that actual tillage OF the soil
will destroy or injure its productive
qualities, the actual production OF a crop
of hav Of merchantable value as the re-
suit of actual irrigation may be accepted
as actual compliance with thu require
ments as to cultivation. Proofs that
show that because Of irrigation, there l.
on the land, "a marked increase in the
growth Of grass, or that grass sufficient
t. support stock has been produced OF
the land will not be accepted al
showing compliance with the provision
of the amendatory act Of 1891, ''tha
proof shall be further required Of tn
cultivation of one-eighth of the land.
This ruling directly affects applicant
for patents to lands under a number q
the large irrigating dithes in several
the western states Under this decisio
the mere presentation OF water rigl
secured by purchase from compan
will not be considered sufficient proc
1t must be accompanied by conclusiy
evidence that the capacity OF the dite
and the water supply are sufficient
irrigate the land, that the ditch con
pany has actually supplied the water r.
quired, and that the land has been a
tually cultivated.
1t has frequently been the practice
large canal companies to sell wat
rights FAR in access Of the water supp
or the carrying capacity OF the ditc
and this decision, by rendering su'
water rights Of no value as proofs, mi
serve to protect innocent purchase
who contemplate taking up homes
desert lands in the vicinity OF the
canals.