Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1914-04-18
NEW REGULATIONS OUT
In Connection With Filing on Desert
Claims Some Amendments to
Former Circulars.

DESERT ianQ circulars are nerepy amend
ed to read as follows:
IL. Whoever makes a desert entry
must acquire clear right to the use of
sufficient water to irrigate and reclaim
the whole of the land entered or as
much of it as Is susceptible of irrigation.
Therefore whoever tenders a desert
land declarationwithout definite arrange
ments for obtaining water, in anticipa-
ton of the construction of
extensive irrigation works not
determined upon, and where it is not
demonstrated that water can be con.
served in sufficient quantity and con-
veyed to the land, does not meet the re-
quirements of the law, and the declara-
ton shall be rejected by the register &
receiver, subject to the usual right of
appeal. Ifapplicant proposes to appro.
pirate water for the irrigation of the
land claimed by him, he must file with
his declaration record evidence of his
notice of appropriation under applicable
state laws. In case he proposes to pro-
cure water through an irrigation district
a corporation, or an association, record
evidence of a contract for water must
accompany bis declaration, or if no con-
tract can be obtained prior to entry
some written assurance from responsible
officials of such district, corporation hav4
ing either proposed irrigation scheme,
one under construction, or one conplet-
ed that, if entry be allowed, applicant
will be able to procure from that source
the necessary water to irrigate and re-
claim the land described in the declara-
ton.
Is. At the time of filing his declara-
ton with the register and receiver the
applicant must also file plans describing,
in detail, the following: Source of water
supply; character of the irrigation works
constructed, in course of construction, or
proposed to be constructed, i. e., reser-
soirs for storage, canals, fumes, or other
methods by which water is to be con-
veyed to the land; or if by diversion, the
nature of the flow of streams or springs,
i. e., whether perennial flowing or in
termittent; character of the works con-
structed, in course of construction, or to
be constructed to convey water to the
land; whether the irrigation works, if
not constructed, are to be built by an
irrigation district, corporation, an as
sociation, or by the applicant personal
ly; if the works have not been construct
ed, then to make general statement as
to the proposed plan, whether surveys
therefore and other investigations have
been made, and by whom, to demon
strate the existence of sufficient water
supply and the feasibility of the pro-
posed works to convey water to the land.
If the applicant or others in association
propose to construct irrigation works for
the reclamation of their own lands, a
sworn statement must accompany the
declaration, containing general de.
scription of the proposed works, an es-
innate of the cost, and such other data
as will enable the register & receiver
and the department to determine the
feasibility of the proposed works to
convey water to the lands to be irrigat-
ed. If the irrigation is proposed by
means of artesian wells, or by pumping
from nonartesian underground sources
of water supply, evidence must be SUBJ
mitted as to the existence of such water
supply upon or near the land involved,
including statement as to other wells
Heretofore sunk and affording a water
supply to adjoining or nearby lands.
In this connection, with respect to the
land itself, a specific showing must be
submitted as to its approximate eleva-
ton, character of the soil, and to what
point upon the tract the ditch or lateral
is to be extended; also, that the land is
of such contour that it can be irrigated
from the proposed canal or lateral. The
map required to be filed by section 4
of the act of March 3, 1891 (26 Stat,
l095), must be sufficiently definite and
accurate preferable, but necessarily pre-
pared by licensed engineer) to show
practicable and feasible plan for con-
Quoting water to the land to be irrigated
and the register and receiver will care
fully examine the evidence submitted in
such declarations, and either reject de-
fective declarations or require addition
al evidence to be filed. They will also
report any facts in their knowledge with
respect to the land, the water supply, or
the proposed plan of irrigation, includ-
ing the financial responsibility and gen.
eral ability of irrigation districts, corpo-
rations or associations which propose to
construct works for the reclamation of
such land, if known to them. At the
time of filing his declarations, plans, and
the statements submitted Herewith, the
applicant must pay the receiver the sum
of 25 cents per acre for the lands therein
described, the declaration to be given
its proper serial number, at that time
in accord with paragraph 4, Cir No. l05.
The receiver will issue receipt for the
money. and the register will, in due
course, sign the certificate at the end OF
the declaration, under date OF its allow.
ance. All such desert land declaration,
plans, and statements submitted in sup
port thereof will be transmitted at the
end of each month with the registers