The Colorado statesman., 1907-08-03
HOW TO Get LAND
METHOD OF SECURING LAND uN-
DER THE CAREY ACT.
THOUSANDS OF ACRES OPEN
Colorado State Commercial Associa
tion Complies Facts for Benefit
of Prospective Settlers.

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-
tion, 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, it
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 1,OO0. 900
acres of such land under certain condi-
tions.
This act, known as the Carey act,
has been one of the greatest factors in
the upbuilding of the West during the
not yet benefited to any very great
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, ss, 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
to the secretary of that board, or to
the Colorado state engineer. Any per-
son, company of persons, associations
or incorporated companies are entitled
to all the benefits under the act. pro-
viding they desire TO construct reser-
voirs. canals, dit or other irriga-
tion works with which to reclaim the
lands. In such cases request for the
selection of certain lands is filed with
the board, the land being designated
by the usual legal subdivisions. The
| state engineers Office is then called
upon to investigate the land 10 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 n certified
check of not less than $3.50 and not
more than s2,500 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-
tion 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 160 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 if 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 Office 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. II is
either returned for correction or. If
correct in its terms. is sent to the
state engineer for examination. He
shall determine whether or not the
proposed works are feasible, whether
or not sufficient 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 Droposal