Rocky Ford enterprise., 1912-07-26
r + + + + + r + r + r 4. r 4.
MONTHLY DIGEST.
OF Important Public Land De-
cisions.
T. 4. =. L =. l. \. L Z, =. =. L L L

Section of the act of March 2nd,
1899, is not an additional homestead
law. 1t grants those persons otherwise
homestead right by the entry of less than
l6O acres of lar d under the homestead
law, who have earned and received pat
ent thereon by performing the required
residence and cultivation. the right to
make another homestead entry of the
area which. added to that contained in
the original and patented entry. shall not
exceed 16o acres. As in other cases
where the homestead right is restored, it
requires full compliance with the home
stead laws as to residence and cultivation
of the lands included in the new entry.
Section of the enlarged homestead
act makes no provision for allowance of
an entry under said act as additional TO a
former entry upon which proof has been
offered. Neither can a right to make
such additional entry be gained by defer
ring the making of final proof on an orig
inal entry beyond the fixed. legal statu-
tory period.
A mere filing of map and statement
with the state engineer cannot of itself
create valid and permanent water right
any more than the actual construction of
canal. but it is the actual diversion of
the water and the application of the same
to beneficial use. The filing of notice
fixes priority of such filing. but must be
diligently followed by construction and
beneficial use. Where. without filing a
notice. unaprropriated water is diverted
through irrigation works and applied to
beneficial use. the right OF the appropria-
tor will date from the construction of his
works, and subsequent appropriations
cannot divest him of the right so acquir-
ed and maintained.
Although section of the Reclamation
Act provided for cultivation of the entry
in default of water payments when due.
| it is not imperative that cancellation or
forfeiture should be declared. 1t rests
with the sound discretion of the Secre-
tary of the Interior as to whether an en-
tryman may thereafter be permitted to
cure such default by payment OF the
water charges if he has continued to
comply with the provisions Of the home
stead act.
When an assignee takes desert land
entry by assignment. he not only exhausts
his right under the desert land law, pre-
cisely the same as if he made the initial
entry. but he also assumes the burdens as
well as the benefits Of such entry and is
obliged to comply with the requirments OF
law within the statutory period as fixed
by the date of the entry. not by the date
of the assignment. While his right under
the entry is first initiated by the assign
ment. it relates back when so initiated to
the date of the entry and the date there
Of is the date when it was first made.
A contest directed against an entry in
which the claimants name is enormously
gwen must fail unless be is shown to have
received the notice or the rule of idem
sonans is applicable.
There is nothing in rules z8 and z9 of
the rules OF practice that specifically re-
quires petition tor certiorari to be flied
within 20 days or any other definite
period after notice OF the decision of the
Commissioner denying a party the right
| to appeal from his decision.