Imperial Valley press., 1909-07-17
Prompt and Thorough RecIa- nation No Ground For
 Contest of Entry.
Land Office has encouraged Re- entry of Improved Land as Desert Claims and Does Not Intend Now to Up- hold BIaekmaiIlng Contestants Text of Registers Decision.

A copy of Register Prescott's re- cent decision adverse to contestants of desert land entries in Imperial Val ley has been received by the Press. A synopsis of the decision was given recently by Los Angeles papers and reprinted in all the valley papers, but an important part of the document was omitted The decision in full, ex- cepting citations of Idaho cases by way of illustration, is as follows House
 Reynolds )
 June 30, 1909.
 This affidavit of contest relies on the allegation that at the time of filing the desert land entry the land had been reclaimed.
 There is nothing in the affidavit say ing that the land is not naturally des- ert in character or that it was re- claimed by the installation of a we'll or other permanent water supply1 which would not fail and allow it to revert back to desert as desert land would do upon the segregation, prior to entry or upon relinquishment of water stock representing solely water rights from exterior ditches.
 The matter is of vital consequence to the Imperial Valley. Conditions there have been complicated in every way. Floods, broken dams, destruc- tion of ditches, financial disasters, CT roneous surveys and different climatic conditions which have impeded set tiers and claimants. From absolutely innocent causes many entries of lands upon which thousands of dollars have been expended have had to be relin- quished and relied upon. The seg- regation of the water stock, still left in the hands of private parties, has resulted in the lands, again restored to the public domain, reverting to des- ert as the presence of the water rights alone made them agricultural. AL though leveling, bordering and ditch ing might be complete, the withdraw al of water by the placing of the water rights in one person and the title to the freehold in another made the lands as completely desert as far as any legitimate purpose of cultiva- tion is concerned as though the land yoo coyorod with orioinal hmm mOoIrc
 This has been the practice ever since the first settlement of the val ley. The present Register and Re ceiver and their predecessors have concurred or given no sign of warn ing or dissent. It has become a fixed policy and, under the circumstances justly SO To have adopted another would have been ruin to innocent peo- pie and against the facts.
 The character of Imperial lands and the manner of their reclamation are too we'll understood and too thorough ly a matter of public record to be ig- nored. It Is a common fact that rec lamation is effected by purchase of water stock Promptly upon the seg- regation of water stock and conse- quent lack of water the land reverts to desert. These facts must be mega tived by proper affirmations and no contest affidavit should be accepted and notice issued thereon where this is left in any way ambiguous.
 Congress by the Act approved March 2S, 1908. 35 Stat, 52, expressly pro vided against advantage being taken of such a technicality. That Act very justly provides that any individual who "has reclaimed" unsurveyed land