Bisbee daily review., 1909-03-16
ENTRIES ON
 LAND ARE
 TURNED DOWN
Department of Interior Has Not Yet Designated Sections Susceptible of Successful irrigation.

DOUGLAS, Arizona, March 15.--
 For some time tho local commis- sioner's office has been receiving ap- plications for entry of lands under the 320acre homestead law, which became effective about February 20 of this year. Many of these it has had to refuse by reason of the fact that the land sought to be entered has not been designated by the secretary of the interior, as not being. in his opinion, susceptible of successful irri- gation at Q reasonable cost from any known source of water supply. Un- der the law, such Is required, and many letters of explanation have had to be written by F. II. Parker. the reg ister, and Charles E. Arnold, the re ceiyer of the office at Phoenix. For the information of those interested. the law complete is reproduced and Is as follows:
 Be it enacted by the senate and house Of representatives of the United States of America. in congress assem- bled: That any person who is quail fed entryman under the homestead laws of the United States may enter,
 
 visions of this act, in the states of Colorado. Montana, Nevada, Oregon. Utah, Washington and Wyoming, and the territories of Arizona and New Mexico. 32G acres, or less. Of non- min eral. nonirrigable. unreserved and un- appropriated surveyed public lands which do not contain merchanlable timber. located in a reasonably com
 
 half mi es in extreme length: Pro vided. that no lands shall be subject to entry under thes provisions of this act until such lands shall have been designated by the secretary of the susceptible of successful irrigation at a reasonable cost from any known source of water supply.
 'Sec. 2. That any person applying 10 enter land under the provisions of this act shall and make subscribe be- fore the proper officer an affidavit, as required by section 2290 of the Reyis- ed Statutes, and in addition thereto shall make an affidavit that the land sought to be entered is Of the charac- ter described in section l of this act, and shall pay the fees now required to be paid under the homestead laws.
 sec 8. That any homes cad en- tryman of lands or the character herein described. upon which final proof has pot been made, shall have the Fi"ht to enter public lands, sub ject to the provisions of this act contiguous to his former entry which 1 shall not. together with the original entry, exceed 320 acres, and resi- deDce upon and cultivation of the original entry shall be deemed as res | idenCe upon and cultivation of the 1 additional entry
 'Sec. l. That at the time of maS ! ing final proofs, as provided in sec | ton 229I of the Revised Statutes, the entryman under this act shall, in ad dition to the proofs and affidayits re Quired under the said section, prove : by two credible witnesses that at least one-eighth of the area embraced iI his entry was continuously cultivatec { to agricultural crops other than na l tive grasses beginning with the sec ond year of the entry, and that al ' least one-fouTth of the area embraced
 in the entry was so continuously cul | tivated beginning with the third veal [ of the entry.
 sec. 5. That nothing herein con ' tained shall be held to affect the right 1 of a qualified entryman to make | homestead entry in the states named ! in section l of this act, under tho 1 provisions of section 22S9 of the Re
 vised Statutes. b-t no person who has
 made entry under this act shall be
 entitled to make homestead eH'rv m
 .Oll is each year. ior in those yasi der the provisions of said section, snf
 no entry under this act shall be com
 muted.
 l Sec. 6. That whenever the secre | tary of the interior shall find that any tracts of land. in the state of Utah | subject to entry under this act. dc not have upon them such suficion supply or water suitable for domes.it ! purposes as would make continuous ! residence upon the lands possible. hS may. in his discretion. designate suci l tracts Of land. not to exceed in th'
 aggregate 2.000.O0O acres. and there after they shall be subject to enir! under this act without the Decessit! of residence: Provided, that in sucl event the entryman on any such en try shall in good faith cultivate no
 less than oDe-eighth of the entir
 area of the entry during the seccpi
 year. one-fourfh during the third year
 and one half during the fourth am
 fifth years after the date of such CT
 try, and that after entry and unti final proof the entryman shall resid
 within such distance of said land @ will enable him successfully to fam
 the same as required by this SCI ! tion'