The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1906-07-17
MAY HAVE WATER FOR LAND
Holders Of H0mestcads Viii Be
Greatly Benefited
ATTORNEY GENERAL MAKES 4 RULING
THEY MUST FIRST BECOME A
MEMBER OF A WATER USERS
ASSOCIATION.
ATTORNEY GENERAL MAKES A RULING

The assistant attorney SeAeIdd Aoi
the interior department has rendered
an important opinion on the following
questions, which are of interest to
those who are interested in irrigation
projects in Washington state:
First-Whether one who has made a
homestead entry not exceeding the
farm unit limit, either under the pro-
visions of the reclamation act or under
the general law, may obtain water for
such tract and also for one or more
other tracts of which he is the pro-
prietar provided the area held in prl-
vate ownership does not exceed the
private ownership limit fixed by the
secretary of the interior.
Second-If the homestead entry was
made prior to the reclamation act
withdrawal and contains an irrigable
area in excess of the farm unit limit,
whether, for the purposes under con-
sideration, the excess area is to be
regarded as of the same status as land
in private ownership.
The case in point is on the Mini
doka project, Idaho, where certain
state lands fall within the irrigable
area. The lands under this project
have been classified and the farm
unit fixed at 80 acres. The question
arose as to whether a person who
makes a homestead entry of 80 acres
under the Minidoka project and also
purchases 80 acres of state land may
secure water from the government
works for the irrigation of both tracts.
The point submitted invites a broad
question applicable to all of the re-
clamation projects. The assistant at
tourney general holds that:
May Obtain Water.
"A person who has made or may
make homestead entry of lands with
drawn for disposal under the act OF
June II, 1902 (52 Stat. 2sS), and sub
ject to the provisions, limitations and
conditions of said act, may obtain wa
ter for such tract and may also obtain
water for one or more tracts of which
he is the proprietor not exceeding the
limit of area fixel by the statute, au-
thorizinng the use of water for land
in private ownership, or as fixed by
the secretary of the interior.
IF the entry was made prior to the
withdrawal under the reclamation act,
the entryman may be entitled to the
right to the use of water for the irri-
gable area of the land entered, and
also for such area Of lands held by
to the irrigable area of his entry will
not exceed 100 acres.
while there appears to be no re-
striction in the act upon the right of a
homeSteader to the use of water for
land owned by him to the extent of
area allowed to any one land owner,
it has been deemed advisable to ad-
minister the law through the instru-
mentality of water users associations
which are organized by the owners of
lands within the project
Must Be Member.
by the contracts heretofore made
with such associations by the secre-
tary of the interior, only those who
are or who may become members of
| such associations will be accepted as
entrymen or applicants for the right
to the use of water which may be i'm
pounded or controlled by the works Of
such project.
Under the articles of Incorporation
and by the laws of such associations,
which are part of every contract
every member or shareholder of the
association, whether he be the owner
of lands or an entryman of public
lands, is restricted in his holding to
100 shares of stock, one share being
allowed to each acre or fraction
thereof. So that the secretary of the
interior. by entering into a contract
with such associations has fixed 100
acres as the limit of the right to the
use of water by any one person.