The Delta independent., 1909-03-12
Land Decisions
of Importance
Will be Of Special lnterestto Those
Taking Up Lands Under the
Reclamation Service.
INFORMATION OF VALUE

The Secretary of the Interior has
just issued the following regulations
which are of Importance to settlers on
the Reclamation Service projects:
l. Reclamation of land entered sub
ject to the provisions of the Reclama
tion Act. To establish compliance with
the clause of the Reclamation Act that
requires reclamation of at least one-half
of the irrigable area of an entry made
subject to the provisions of the Act,
entry men will be required to make
proof showing that the land has been
cleared of sagebrush or other incum-
brance and leveled, that sufficient lat
erals have been constructed to provide
for the irrigatian of the required arep,
that the land has been put in proper
condition and has been watered and
cultivated. and that at least one salts
factory crop has been raised thereon.
?. Reclamation Of lands in private
ownership. The express purpose of
the Reclamation Act is TO secure the
reclamation of arid or semi-arid lands
and to render them productive, and
Section s declares that the right to the
use of water acquired under this Act
shall be appurtenant to the land irri-
gated and that ben eficial use shall be
the basis. the measure and the limit of
right. There can be no beneficial use
of water for irrigation until it is actu
ally applied to reclamation of the land.
The final and only conclusive test of
reclamation is production. This does
not necessarily mean the maturing of
a crop, but does mean the securing of
actual growth Of crop. The require
ment as TO reclamation imposed upon
lands under homestead entries shall
therefore be imposed likewise upon
lands in private ownership. namely.
that the land owner shall reclaim at
least one-hah of tte total irrigable
area of his land for agricultural pur-
poses, and no right to the use of water
for such lands shall permanently attach
until such reclamation has been shown.
3. Delinquency. Under Section of
the Reclamation Act
"A failure to make any two pay
ments when due shall render the entry
subject to cancellation with the forfeit
ure of all rights under this act. as well
as of any moneys already paid there
on
This provision evidently states the
rule to govern all who receive water
under any project, and accordingly
failure on the part of any water right
applicant TO make any two payments
when due shall render his water right
application subject to cancellation with
the forfeiture of all rights under the
Reclamation Act. as well as of any
moneys already paid to or for the use
of the United States upon any water
right sought to be acquired under said
act. In the case of one who has made
homestead entry subject to the terms
of the Reclamation Act the entry shall
be subject to cancellation in case of
such delinquency in payment, whether
or not water right application has been
made by him.
4. Operation of b-laterals. s.-The
control of operation of all sub-laterals
constructed or acquired in connection
with projects under the Reclamation
Act is retained by the Secretary of the
Interior to such extent as may be con-
sidered necessary or reasonable TO as
sure to the water users served there
from the full use of the water to which
they are entitled.
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