American Falls press. [volume] (American Falls, Idaho) 1907-1937, 1915-05-27

which would furnish such supply, a
complete statement should be made
as to the quantity, quality n avail
ability of the water. A statement
should also be made as to the loca-
ton, depth, elevation OF water plane
relative to the surface, depth at which
water was first obtained and other
pertinent facts as to wells situated
either I'm the vicinity Of the tract or
nearest thereto n as to the rela-
ton of the tract thereto. II ~unsuccess-
fui attempts have been made to Sc
cure a domestic water supply on the
land itself, the facts concerning them
should be set forth.
II the tract has not heretofore been
designated by the secretary of the
Interior under Sections / to 5 of the
act, applicants for designation under
Section 6 thereof, should, in addition
to the above, furnish the information
required of applicants for designation
under said Sections l to 5 as herein
above explained.
(e) The filing OF an affidavit as
above indicated, will not be conclusive
as to the character of the lane there
in described, and the applicant may
be required by the Geological Survey
to furnish additional evidences with
regard thereto. Moreover, the filing
Of IN application and petition does
not COVE the party the right to fence
the lane or place other improvements
thereon and the erection Of improve
ments will not confer upon him any
right to equitable consideration of the
application In the event the land is
found not to be OF the character con-
templated by those provisions of the
enlarged homestead act under which
the clai mis- filed.
4. The application for entry, (when
regularly will be suspended by you and
retained in your office, but you will
promptly forward both copies of the
affidavit by special letter to this office,
which will transmit one to the United
States Geological Survey for consider
alton. Where defects appear In the
papers especially (as to additional
entries) failure to refer in the affidavit
to the tract originally entered-you
will call for supplemental evidence, as
In other cases; II this Is not furnished,
you will forward all the papers to
this office for consideration, making
proper recommendations in connec
ton Herewith.
5. No other appropriation of the
land will be allowed before the appli-
cation has been finally disposed of.
However, later applications therefor
should be received and suspended. If
withdrawal of an application under
the act of March 4, 1915, be filed, you
will promptly notify this office there
of, inviting special attention to the
tendency of the petition for designa-
ton and will close the case on your
records. Prior to final action on the
application the party's homestead
will be In allegiance and he will
be entitled TO exercise same else
have two applications under this act
at the same time.
8. II a request for designation be
the application for entry will
be rejected from this office and when
the decision becomes final you will
directed to close the case on your
records. When a petition is granted
In part, an order appropriate to the
case will be made as to the designated
lands. II designation be made of all
the land involved. you will, when 1t
effective, be directe din the
usual manner to place the entry of
7. The benefits of the act do not
to a person who has filed a
petition for designation elsewher
than at the local land office of the
where the land is situated, nor
to one whose petition was filed at the
place indicated, unless accompanied
by application of entry for the land.
Ia every case where there is now pend
an application for original or addi-
tional entry under the enlarged home
stead act, not allowable because part
all of the land has not been desig-
mated, you will promptly advise the
applicant OF the passage of the act OF
March 4, 1915, forwarding a copy OF
these instructions, and allowing him
80 DAYS after notice in which to
the required corroborated affi-
davit In duplicate. II this be done, you
will take action as directed In para
2 to 5 hereof. reporting as to
the adverse claim, II any there be.
s. Where you have knowledge that
a person has filed a petition for desig-
of land but no application for
entry thereof, you will advise him of
the passage OF the act, forwarding him
a copy hereof and informing him that
will be obliged to comply with Its
provision In order to obtain the pre-
ference right provided thereby.
Very respectfully,
CLAY TALLMAN,
Commissioner.