The Lamar register., 1907-08-07
HOW TO Get LAND
METHOD OF SECURING LAND UN-
DER THE CAREY ACT.
THOUSANDS OF ACRES OPEN
Colorado State Commercial Assoeia-
ton Complies Facts for Benefit
Of Prospective Settlers.

Scores of Inquiries concerning the
method of securing land under the
Carey act have been received by the
Colorado State Commercial Associa-
ton from farmers in the farming belts
of the Middle West and East. Each
letter asks practically the same ques-
ton, "How much money is necessary
to take up land under this act, and
how many acres are there left?"
Full information has been re-
quested concerning the workings Of the
act, and, for the benefit of many. even
in our own state OF Colorado. who do
not know the provisions of the act, 1t
has been compiled in brief form.
BY an act of Congress, approved
August IS, 1894, the secretary of the
Interior, with the approval of
the President OF the United
States, was given the power to con-
tract and agree to patent to states
having desert lands within their boun-
daries, tracts not to exceed 100000
acres of such land under certain condi-
lions.
This act, known as the Carey act.
has been one Of the greatest factors in
the upbuilding of the West during the
past ten years. Colorado settlers have
NOT yet Dcucutcu " any very Sicat
extent by this act, as but very few
thousand acres of land have thus far
been taken up under the provisions OF
this act, which was accepted by the
Tenth Colorado Legislature March 10,
1895.
The ordinary homeseekers' plats
and semi-arid lands do not come un-
der the head of desert lands, as. to
gain absolute patent to these, 1t Is not
necessary to place the land under ir-
rigating bitches as well as under cul-
tivation, as in the case Of desert lands.
The Carey act was passed entirely for
the purpose Of impressing people with
the wonderful possibilities of desert
lands when properly irrigated. 1t has
fulfilled its purpose. and within the
next few years Colorado will have re-
ceived patents for its total allotment
Of 100000 acres.
Apply to State Officials.
Under the statutes of Colorado the
selection, management and disposal OF
this desert land is vested In the State
Board Of Land Commissioners. There
fore all applications for such desert
land under the Carey act must be made
the Colorado state engineer. Any per-
son. company of persons. associations
or Incorporated companies are entitled
to all the Dement'S under the act, pro
viding they desire to construct reBer-
voirs. canals, bitches or other irriga-
ton works with which to reclaim the
lands. In such cases a request for the
selection Of certain lands Is fled with
the board, the land being designated
by the usual legal Subdivisions. The
state engineers office Is then called
upon to investigate the land to be To-
Gated and also to Investigate the status
Of the persons making the request.
The source Of the water supply. the
place of diversion. the place Of stor-
age. the length of the irrigating sys-
TEN and the cost Of the system, all
have to be put In the request and
must be accompanied by a certified
check Of not less than $3.50 and not
more than $4,000 to assure the carry
ing out of the project. The proposed
carrying capacity of the ditch and the
terms and price at which the perpetual
water rights will be sold to settlers on
the land reclaimed, this perpetual
right to embrace a proportionate con-
current interest in the system. must
also be stated In the request for loca-
ton and must be carried out to the let
ter.
Individuals. as well as companies or
corporations. may enter upon and re-
claim this land singly or acting Jointly.
Under the statutes the State Board of
Land Commissioners has made rules
consistent with the laws of the United
States. whereby the individual settlers
are allowed the requirement of indi-
vidual water rights for specific tracts
of land, not to exceed 100 acres for
each individual. Individuals. as well
as corporate interests. must deposit
with the land commissioners certified
checks for the amount specified by the
commissioners when the request is
granted. This is forfeited II the par
ties fail to fulfill their contract with
the state.
Must File the Plans.
Maps of the lands. water rights. etc.
which are requested must be filed with
the state engineer at the time of the
request, to enable that ONCE to facili-
tate the looking up of the rights and
title in the land.
After 1t is determined whether or
not the request complies with the
rules of the board and the regulations
of the Department of the Interior, 1t Is
either returned for correction or, II
correct in It's terms. is sent to the
state engineer for examination. He
shall determine whether or not the
proposed works are feasible, whether
or Aot suf1icient water can be secured
to reclaim the land requested, and
whether or not the lands described are
desert in character and may be set
aside under the law, and shall SO re-
port to the land commissioners.
In case the report is adverse. the
parties making the request are allowed
from sixty days to six months, accord
ing to the ruling Of the board, in which
to file another proposal.
The board having acted upon fav-
orabie report of the state engineer. the
contract between the state and the par
ties is drawn up and signed and bond
of i've per cent. OF the total cost of the
irrigating system filed. Then the land
Is ready for entry.
Work must be begun on the irriga-
ton works within six months from
the date of the signing of the contract
and at least one-tenth Of the construc-
ton work must be completed within
two years Under the statutes no such
contract for the construction OF an ir
rigation system can be made II 1t is
known that the work will take more