Imperial Valley press and the Imperial press., 1906-05-12
OUR WATER RIGHTS
Continued from ist page

 in Che growth of grass" or that "grass sufficient to support stock has been pro- duced on the land" will not be accepted as showing compliance with the pro- visions of the Act of March 3d, 1901, that proof be further required of the cultivation of one-eighth of the land.
 In addition to proof of cultivation it must be clearly shown in all cases that the entryman has an, absolute right to sufficient water to successfully irrigate the land that the system of ditches to conduct water to and distribute 1t over the land is adequate for those purposes and that the land has been actually ir- rigsted for a sufficient period of time to demonstrate the sufficiency of the water supply and effectiveness of the system Secretary Hitchcock to the Commission
 CT of the General Land Office.
 By decision of July 23d, 1908, the De- partment accepted the final proof of John Cunningham under desert land entry for NE l-4, Sec. 2l and SW IA of Sec. 22, Tp. 43 \, R. JOS w, LaMder Wyoming Land district.
 It is possible some expressions in that decision may be taken as indicating a purpose to encourage the offer and sanc- tion the acceptance of final proofs in desert land entries that do not clearly establish strict compliance with the law. Such result wasnot contemplate ed when that decision was rendered, nor does the Department intend that there shall be any relaxation in the enforce ment fthe requirement that such proofs shall conclusively demonstrate that the law and regulations governing such mat ters have been compiled with in every essential particular.
 Possibly the proof in that case was not so clear and explicit as such proofs should be, yet tisnot deemed necessary or advisable to recall the decision ac- cepting it for further consideration for the purpose of laying down with greater exactness the proper rule to be observed in passing upon final proofs in desert land entries.
 Proof which shows that because of irrigation there is on the land Ca marked increase in the growth of grass or that "grass sufficient to support stock has been produced on all the land" will not be accepted as showing compliance with that provision of the amendatory act of 1891, "that proof be further re- quired of the cultivation of One-eighth of the land Actual tillage must as rule be shown. If however, it be shown and it must be made to conclusively so appear that because of climatic condi- tions crops other than grass cannot be successfully produced or that actual till age of the soil will destroy or injure its productive qualities, the actual produc- tion of crop of hay of merchantable value as result of actual irrigation may be accepted as sufficient compliance with the requirement as to cultivation.
 That the entryman has an absolute right to sufficient water to successfully irrigate the land that the system of ditches to conduct the water to and dis tribute it over the land is adequate for those purposes and that the land has been actually irrigated for a sufficient period of time to demonstrate the suffi- ciency of the water supply and the ef- fectiveness of the system are essential facts which must ill all cases be clearly established by the proofs. You will take such measures as may be proper to bring these matters to the attention of the district land officers.
 Dated, February I7th, 1904.
 These instructions apparently were written to correct certain lax methods that had grown up in the Lander, Wy oming, Land district, where the lands are merely sage brush plains and can not be made to produce anything more valuable than a crop of grass The Secretary sought to overcome the lack of cultivation by requiring an ab-