Enterprise news-record. [volume] (Enterprise, Wallowa County, Or.) 1910-1911, 1911-01-07
ENTRIES
MAY Be ASSIGNED
SECRETARY BALLINGER
ISSUES NEW INSTRUCTIONS
Homesteaders on Irrigation Projects
Are Beneficiaries-Reside Is
Required-Right to Dispose of Part
of Claim After Five Year Period.

of Claim After Five-Year Period.
Under new regulations approved by
Secretary Ballinger, homestead en-
trymen on government irrigation pro-
jects may assign any part of their
entries at any time after completing
five years residence upon the land,
ac required by law, says Washington |
special to the Oregonian. The law |
authorizes assignments, enacted June |
%, 1910. authorized the assignment of
entries 'in whole or in part" but the |
first regulations issued by the depart
ment under date of September 13 re-
stricted assignments to whole entries
and denied the right to assign a part
of an entry.
AS the bill had been passed largely
at the Instance of Senator Borah of
Idaho, and as he personally had in
serted the provision permitting the
assignment of parts of entries, the
Idaho senator took serious exception
70 the regulations on the ground that
they were at variance with the law.
and several times he personally pro-
tested to Secretary Ballinger against
the regulations of last September.
Ballinger Issues Order.
The Secretary recognized that the
regulations narrowed down the priv
ileges conferred by the law, and ac-
cordingly issued new instructions to
land officers and the Reclamation
Service. These new regulations, after
reciting the terms of the act Of June
| 22, 1910. read as follows:
1. let 90 Id, a4f
persons who have made or may make
homestead entries subject to the rec
lamation act may assign entries in
their entirety at any time after filing
| in the General Land Office satisfac-
tory proof of residence, improvement
and cultivation for the five years re-
quired by the ordinary provisions Of
the homestead law. The act also pro-
vides for the assignment of home-
stead entries in part, but such assign
ments, if made prior to the estab-
lishment of farm units, must be made
in strict accordance with the legal
sub divisions of the public survey, and
If made after such units are estab-
lished must conform thereto except as
hereinafter provided.
Entrymen May Elect Unit.
"In caseN where the entry involves
two or more farm units the entryman
may file an election as to which farm
unit he will retain, and he may as
sign and transfer to a qualified as
Isignee any farm unit or farm units
entirely embraced within the original
entry. If an election by the entry
man to conform to a farm unit be
filed and no assignment made of the
remainder of the entry, the entry will
be conformed to the farm unit select
ed for retention and Cancelled as to
the remainder. Assignments of parts
: of established farm units will be al
lowed only after report by the project
} engineer to the department that the
farm unit as proposed to be divided
J or as capable of adjustment in con-
nection with surrounding lands will
make two or more units, each capable
of supporting family, the report to
J be accompanied with plats describing
the amended farm units.
"Such plats will be submitted by the
Director of the Reclamation Service
to the Secretary of the Interior fol
approval, and when approved by him
will be forwarded to the Commission
er of the General Land Office fol
transmission to the local land office
with appropriate instructions; the as
signment of the lands embraced with
in one of the farm units so establish
ed to be allowed only after a proper
showing of the qualifications of the
assignee, the filing of water right ap-
plication by him and the payment OF
any amount due upon the lands COW
cred by the assignment under the
terms of the public notice issued in
connection with the project in which
: the lands are situated.
Applicants Pay for Survey.
: "If a survey shall be found neces-
sary to determine the boundaries OF
} the subdivision of any such farm
} unit, or the division of the irrigable
. areas, deposit equal to the estimated
cost of such survey must be made
, with the special fiscal agent, Recla-
nation Service, on the project by OIL
on behalf of the parties connected
, Any excess over the actual cost will
i be returned to the depositor or deposi.
I tors after completion of the survey.
, mo assignment of portion of any
' farm unit will be recognized by the
{ department as modifying any approx.
ed water right application or releas-
} ing any part of the farm unit as or
iginally established from any portion
of the charges announced against II
, until after the approval of the am.
ended farm unit by the Secretary oi
/, the Interior. the filing Of evidence ol
the qualifications Of the assignee. the
receipt of a proper water right appli.
, cation and of the payment due upor
, the land included in the assignment
Only One Unit Allowed.
Assignments under this act mus,
be made expressly subject to the limi.
tations, charges. terms and conditi.
ons of the reclamation act. and mas.
much as that act limits the right OF
! entry to one farm unit, the assignee
must present a showing in the form
OF an affidavit. duly corroborated
; that he has not acquired title to and
is not claiming any other farm unit
or entry under the reclamation act.
Assignments made and filed In the
local land office in accordance with
these regulations must be noted on
the records OF that office and forward
ed to the General Land Office for con-
sideration and. II approved. the as
signees in each case will be required