Elmore County Republican. [volume] (Mountain Home, Idaho) 1910-1915, 1912-12-28
ENGINEERS TO
APPROVE PROOFS
Reclamation Officers to Pass on
Homestead Proofs Under
New Ruling


Final patents upon land unde,
reclamation projects being built b,
the government will be subject to q
new ruling which has been issuad hx
tne department of the interior. Unde,
Inc new method the affidavit which
the netryman files with the land Of
ice must first be submitted to the
project engineer who passes upon The
seateinenes made by the entryman
concerning the number of acres he
mas under cultivation. After the en-.
gineer approves 1t, it will be sent to
the land office, where the final Ger.
tificate OF patent is issued. The af.
fidavit must fully set forth what has
been done in connection with reclama
llon and cultivation Of the lad which
Is entered under the homestead bill.
When application is made for the
patent under the new ruling Of the
department of the interior the entry.
man must have been resident OF
the tract of land to which he seeks
patent for the required number Of
years.
When the affidavit is signed and
sworn to in order that patent may
issue under the new ruling, at least
one-half of the irrigable land upon
the tract must be cleared and leveled
The land which has been SO entered
must have sufficient lateral canals
constructed upon 1t so that it can be
properly irrigated, and 1t must be put
IN proper condition for the irrigation
and cultivation of the entry. AT least
one crop pf some kind must be raised
upon the land before a patent will
issue. This crop must be satisfactory
to the project engineer and must be
approved by him before the land Of
flee will issue a patent upon the
entry. All charges for construction
and maintenance which are due and
payable at the time the application Is
made for patent must be paid be-
fore the patent is issued.
For the unpaid part which may
be due for the water right furnished
by the government, a lien is retain
ed under the law against the entry
man 8 land for the payment of what
ever balances there may be. This
is reserved in the statutes Of the
United States which reserves the
right to hold the land in lieu Of pay
ment for the water right.
The section of the laws which cov-
or the unpaid portions for the water
right Is as follows:
THAT any homestead entryman
lnder the act of June II, 1902,
Known as the reclamation act, includ-
ng entrymen on ceded Indian lands,
nay, at any time after having COM
,lied with the provisions Of law ap-
,licable to such lands as to residence
reclamation, and cultivation, submit
,roof Of such residence, reclamation
md cultivation, which proof. II found
egular and satisfactory. shall en-
itle the entryman tc a patent and all
of water right certificates
m reclamation projects shall be en-
tiled to a final water-right certifi-
ate upon proof of the cultivation and
exclamation of the land to which the
ertificate applies, to the extent re-
uired by the reclamation act for
entrymen. Provided, that
o such patent or certificate shall is-
ue until all sums due the United
tates on account of such land or
'ater right at the time Of issuance
I patent or certificate have been
aid"
Under this section of the law the
md is held as security for the pay
lent Of the moneys due upon the
nd from the entryman to the gov
.nment. Upon lands where the rec
nation service has furnished water
} the entryman under temporary
,ntal agreement as on the Boise t
'oject, all charges due the govern
ent for rentals and other incidentals Z
the time application LIS made for 4
q final certificate OF patent must i
!, paid. q
William Balderston, register Of the p
cal land office has been directed t
the department Of the interior to a
,ue final patents subject to the Il
N retained against the lands by II
W, when an affidavit Is filed with Il
m showing that the entryman had "
ed the required time upon the land
at one-haH OF the irrigable land q
8 been reclaimed, that sufficient b
erals for the proper irrigation Of D
0 land have been constructed and q