The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-06-03

Ger COnbtTuCllOu, which VIII CDsL go
800, 900 when completed,
Besides these great projects, wherein
Uncle Sam aids the man with the
shovel, there are several other great
projects which private capital has fos.
tered and carried to completion. The
greatest Of these ia the Twin Falls
canal system. the largest irrigation
est in the world There are two sec
tions controlled by this company, name
ly, the South Side system, covering 2l0,-
600 acres, and the North Side system,
now under construction. covering 1S0,.
600 acres. The South Side system is
now complete, and whore two years ago
was naught but sagebrush and desert, is
today hlled with prosperous settlers and
thriving, progressive towns and cities.
All these lands under this system
in fact, all the lands under private ir-
rigation schemes in the State, excepting
some of the smaller ones started years
ago-nre known as Carey act lands.
Now, about the Carey act, which applies
to the arid States. and the manner Of
obtaining lands under that act, Here
it is in brief:
Carey Act.
Tho so-caled Carey act was originally
embraced as section 4 In an act passed
| by Congress In 1905, making approprla-
tions for the sundry civil expenses OF the
sovernment and is a donation ny the
general government Of ,00n, 900 acres OF
land 70 the States named in the sec
ton. among which Is the State Of Idaho
coupled with the condition that the
In each $50 10 be irrigated. reclaimed
and occupied by actual settlers within
IN wears from the passage OF the act
limiting the holding OF each settler to
$50 acres
Two very important amendments have
since been made 10 the act, one passed
approximation act. which authorizes the
| State TO create a Hen on the separate
| legal subdivisions OF the tract of land
| 10 be reclaimed under the provisions Of
| the act In an amount equal to the
actual cost and necessary expenses with
reasonable interest from the date OF re-
clamation; that means that the actual
! cost and necessary expenses of the ir-
! rigation works are to be prorated to each
legal subdivision Of the whole tract TO
be reclaimed or irrigated by the contem-
plated works and which becomes q lien
| upon the land as soon as water Is ready
! for delivery to such legal subdivisions
inuring 10 the benefit of the party con-
structing the works; not a joint lien,
nor a Joint and several Hen. but a sew
eral lien upon each 40-acre tract sus-
ceptihle Of receiving wafer,
settles upon the tract subsequent to
! the completion OF the works-that Is
| subsequent to the time when water could
have been delivered on the legal asubdi-
| tles-will be required to pay reasonable
| interest on his pro rata share OF the cost
and expenses of constructing the works.
| for the time intervening between the
date OF reclamation and his settlement,
The other amendment Is found also in
a similar appropriation act passed March
| g. 1901. . IT simply shifts the 10-year
! limitation from the date of the passage
OF the act 10 the date of the segrega- :
tion of the lands from the public domain
! by the Secretary OF the Interior so that
the limitation on the time in which the
land is TO be reclaimed only applies 10
the part segregated. leaving the re-
mainder OF the l:ooO, 600 acres a continu-
ing donation 10 the State.
This act, which found it's way to the
statute books boz under the shelter Of an ap-
gG{ f c2mo9a'iSn Sn,b and
desert and homestead land laws.
Obtaining Lands Under Carey Act.
ANY citizen of the United States or any
person who has declared his intention of
| becoming a citizen, except married
women, has the right TO enter 100 acres,
or less. but not more. under the Carey
act II a person takes less than 16O
! acres. his right to the remainder remains
intact. The right 10 an entry under
this act is not In any way affected by
| together and adhere in one and the same
| person.
The entry Is made, by, an application
| filed with the State Land Board which
! must contain a description Of the land
! selected and sought TO he entered; the
! applicant must state that he makes the
entry for the purpose of actual reclaim
alton. cultivation and settlement. and
! that he has never received the benefits
OF the provisions of the act. II he has
previously taken under the act a tract
less than $50 acres. he viii be per
mitted TO enter an amount of land
which, together with his former entry
will make UP 100 acres.
Previous 10 the entry and application
he must have entered into a contract
with the party constructing the works
| agreeing TO purchase perpetual water
| right OF sufficient volume TO irrigate the
tract TO be entered, and must file Ger,
titled copy OF 1t with his application, and
the application must be under oath.
The State statute fixes the price a
| 30 cents per acre at which the land shall
be sold TO the settler; half this amount
must accompany the application and he
come payment on the entry, If allowed
plicant, The other half is paid wher
final proof is made II the application
Is accepted by the board, a certificate
settler.
Settlers Are Notified.
When the constructor OF the works Is
ready to deliver water he notifies the sci
tiers and within year thereafter tbs
settler must put under cultivation one
sixteenth OF his claim, and within two
years he must have irrigated and cult
waited not less than one-eighth Of it, anc
within three years he must appear be
fore the secretary OF the State LanC
board, q Judge or clerk of the distrIc
court, or United States District court
or commissioner designated by the board
and make final proof OF reclamation, cul
tivation and settlement. which consists o
these facts. First, that he is owner 81
shares in the irrigation works sufficient
In volume TO irrigate his entire tract
CHS contract with the constructor OF the
works is sufficient testimony on thi.
head) Second. that he has been ar
actual settler on the land described II
his application and has cultivated ant
irrigated not less than one eighth OF tn,
entire tract. and this he does by his owr
oath and that Of two of his neghbors
the final and last payment of % cents ar
acre must then be paid and the board Is.
sues him a patent for his land
The price OF the perpetual water righ
is fixed and agreed upon between The
board and the party agreeing to con.
struct the works at the time the con.
tract is entered into. In fact, II is the
consideration Of the contract, the amount
to be paid to the contractor for building
the whole structure. whatever IL may
consist Of. The terms OF payment. Will
the interest on deferred payments are
also fixed at the same time. and appeal
in the contract,
The price OF water right is arrived a
| bV making careful estiu1hte or fbs cost