Semi-weekly herald., 1910-10-17
DESERT LAND ADJACENT
TO IRRIGATION DISTRICT


Commissioner bennett of the gen.
eral land office, has made a ruling
that contracts entered into between
irrigation districts and desert land en-.
trymen under the amendment OF 1908
to the Colorado irrigation district law.
will be recognized and accepted by the
general land office as evidence OF title
to water necessary to reclaim and
make final proof upon desert lands,
In discussing the Colorado irriga.
tion district law as amended by the
general assembly, the commissioner
says;
Briefly stated, the law in question
as originally enacted, provided for
the maintenance by public authorities
money raised by means of taxation OF
the lands neld In freehold ownership
and benefited by such systems Lands
the legal title to which remained In
iect to taxation by the state, could
not be included in an Irrigation dis
trict, under the terms of this statute,
and the law did not expressly author
into contracts with entrymen OF such
lands agreeing 10 make the lands a
part OF the district, II legal title there,
to should be acquired. so that they
"a. T.
did. however. provide that the disttict
authorities might return water to claim
ants of such lands renting agree
ment. being a mere temporary arrange
ment, could not. under tae clrcum.
stances, be accepted by this office as
water right such us claimants un'
der the desert land acts ale required
to possess. even though such a claim
ant might have actually irrigated the
lands claimed by him with the water
furnished by the district under the
renting agreement.
This was the situation at the date
of the passage Of the Rmendnt9ry act
to which you refer CSC ossion laws OF
1909, chapter 17G) This act provides
that the board of directors may not
only rent water to settlers upon or oc.
oupants of the public domain but
may also enter into contracts with
them TO the effect that they shall
and upon the payment OF their proper.
| tionate share of bond assessments, In
| clude their lands in the district and
shall. upon such inclusion. be entitled
to all the rights and privileges of a
member of the district The law re-
quires certain formalities. MS TO the
| publication of notice. hearing. and op
portunlties for protest by Interested
parties in order to render such a con
tract binding, and these formalitics
appear to be essentially the same AZ
those attending the inclusion in tn,
district of other new lands actual,
owned In fee.
81 am of the opinion that, unde
the law as II now stands. final proc
| uHutl tnt utptil lsiliu utios SuOWlHf
| that the claimant had actually re
| claimed his land with water rented to
| him by II district organized under
these statutes; that he had actually
made n contract with the district
such as the statutes now authorize
that no protest had been made against
such contract within the time allowed
by the law, sufficient to defeat the
contract and that he had done all that
he was required TO do by the terms OF
his contract with the district, might
properly be accepted by this office
Such n contract, In my opinion, would
give the claimant a vested or abso-
Lutte right TO the use of water which
would satisfy the requirement of the
desert land acts In that regard"
This ruling of the land department
VIII enable all desert land entrymen
on tho Florida mesa who have obtain.
ed extensions of time, to make final
proof next year. and all other desert
land entrymen on the mesa TO comply
with the law regarding the appllca'
ton OF water to their lands before
final proof is allowed.
The Herald has had many Inquiries
from subscribers with reference TO the
above and gladly gives space for It's
publication, as II is of interest to
many Of our citizens. and especially
to residents of the Florida mesa, where
the first irrigation district in our coun
ty has been organized and viii soon
be in successful operation.
DRASTIC ACTION.