Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-07-11
100 ACRES IS THE
OWNERSHIP LIMIT
Assistant Attorney General An
SwerS important Question
From Idaho.
AS TO MINID0KA PROJECT.
Lands Under This Enterprise Have
Been CLASSIFIED and Farm Unit
Fixed at so Acres.

The assistant attorney general Of the
United States has just rendered an i'm.
portant opinion on the following ques-
tons
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 un.
der the general law may obtain water
for such tract and also for one or more
other tracts of which he is the proprie-
tor, provided the area held In private
ownership does not exceed the private
ownership limit fixed by the secretary
Of the interior.
Second IL the homestead entry was
made prior 10 the reclamation act
withdrawal and contains an irrigable
area In excess OF the farm unit limit
whether, for the purposes under con-
sideratlon, the excess area Is TO be re-
garded as OF the same status as land
Ia private ownership.
The case In point Is on the Minidoka
project, Idaho, where certain state
lands fall within the irrigable area. The
lands under this project have been
classified and the farm unit fixed al
50 acres. The question arose as TO
whether a person who makes home
stead entry OF So acres under the Mini
doka project and also purchases 50
acres OF state land may secure water
from the government works for the ir-
rlgatIon Of both tracts. The point
submitted involves broad question
applicable to all OF the reclamation
projects. The assistant attorney gen
eral holds that
"A person who has made or may
make homestead entry Of lands With
drawn for disposal under the act Of
June II, 1902 (32 Stat. 2sSl. and subject
10 the provisions, limitations and con-
ditions Of said act, may obtain water
for such tract and may also obtain wa
ter for one or more tracts Of which he
is the proprietor. not exceeding the
limit OF area fixed by the statute, au.
thorizing the use Of water for land in
private ownership. or as fixed by the
secretary Of the Interior
III the entry was made prior 10 the
withdrawal under the reclamation act,
the entryman may be entitled 10 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 him in
private ownership, which added to the
lrrigable area OF his entry VIII not eI-
coed 100 acres.
While there appears 10 be no restric-
ton I'm the act upon the right Of a
homesteader 20 toe use 81 water for
land owned by him 10 the extent Of
area allowed TO any one landowner. Il
has been deemed advisable TO admu-
ister the law through ''e Instrumental
lily Of whteusers' asSPiations which
are organized by the owners 81 lands
within the project. BY the contracts
heretofore made with such associations
by the secretary Of the interior, only
those who are or may become members
Of such associations viii be accepted as
entrymen or applicants FOR the right 20
the u.s. 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 n such associations
which are part 81 every contract, every
member or shareholder ~ the associa-
ton whether no he the user Of lands
or an entrymau ~ public lands. Is re-
stricted IN his holding TO 100 shares of
stock, one share being allowed 10 each
acre or fraction thereof So that the
secretary Of the interior. hy entering
| into a contract with such associations.
has 1Xed 100 acres as the limit Of the
I right 70 the use 81 water by any one
I person. whether the land irrigated ls
entered as public land or Is held In pri-
/ yatc ownership, or under both rights"