Camas Prairie chronicle. [volume] (Cottonwood, Idaho) 1901-1917, 1916-09-22
new LAND LAW

cant will be allowed 80 days with
in which to file a petition for its
designation,
5. On the notice of allowance
of an application itself, you will
stamp, This additional entry is
within 20 miles of the original"
or that it is not, as the fact may
be. To ascertain whether two
tracts are within twenty miles of
each other, the shortest distance
in a straight, line between the
nearest points will be considered
as controlling.
6. There must be shown on
proof of the entry the usual resi-
dence and cultivation and the ex-
istance of a habitable house upon
the land entered, exception to
these rules being made only
where said tract is within 20
miles of that embraced in the
original entry and the entrymen
is residing on the latter. In that
event the homesteader need not
reside on the additional entry nor
have a habitable house thereon,
if he owns and resides on the or
iginal tract when applying for
said entry, ard continues both
ownership and residence until
submission of proof.
In the proof, to be submitted
within five W ars a. ter the date
of the additional entry, there
must be shown residence on the
additional tract or on the origi-
nal, if permitted under the 20
mile exception above explained
for not less than three years, SUBJ
ject to the privilege of being alb
sent five months in each year, as
provided by the three-year home
stead act: also cultivation of not
less than one-sixteenth of the ad-
ditional tract during the second
year after the date of the entry
and of not less than one-eighth
of its area during the third year
ard until submission of proof.
Crelit for military service will be
allowed as in other cases.
7. AS in other cases, a petit
ton for designation, filed in con-
nection with an entry under this
act, must consist of an affidavit
executed in duplicate by the
applicant and at least two wit
nesses setting forth a descrip-
ton by legal subdivisions of all
the land involved, its character,
and the conditions, governing
the irrigability of both tracts.
If any part or parts thereof are
irrigated, their location, area,
source of water supply, and other
pertinent facts should be stated.
If any part or parts thereof are
under constructed or proposed
irrigation bitches or canals, or
adjacent the relation of the lands
to same and the reason for appli-
cant's belief that the lands are
not irrigable therefrom should be
explained.
The relation of the tract to surface
streams or springs rising on or flowing
across them or in their vicinity should
be indicated. If such sources of water
supply are inadequate for the irrigation
of the applicants lands, or are not
available to him, fnll particulars should
be given. The location and depth of
wells, elevation of water plane relative
to the surface, and other pertinent facts
which will disclose the quantity and
quality of the water supply, obtainable
from either ordinary or artesian wells
on the land, should be given. If there
are no wells thereon such information
should be furnished as to any other
wells in that vicinity, and the possibili-
ty of irrigating the tract involved from
underground sources should be fully
discussed. If any attempts have been
made to irrigate and reclaim the tract,
or if it has been included in desert
land entry, the reasons for lack of sue
cess should be stated. The petition
should be supplemented By map or dia-
X
advantageously presented thereby.
Where the Geological Survey advises
this Office that it is unable to classify
the land, or some part thereof as SUBJ
ject to designation, this office will,
through the proper local land office,
furnish the applicant with copy of the
Surveys report, and will allow him 80
days within which to file response. At
the applicants option he may either
appeal from the findings to the Secre-
tary of the Interior, alleging errors OF
law, or he may present further showing
as to the facts, accompanied by such
evidence as is desired, tending to dis,
prove the adverse conclusion reached
by the Survey. Such appeal or re.
spouse, if filed, will be forwarded by
you to this office, whence it will be
transmitted to the Geological Survey
for further consideration. That bureau
will consider the evidence submitted
and, if it warrants such action, will
recommend designation of the land; Of
if its conclusion be still adverse, will
transmit the record to the Secretary
with the report. The case will there
after be considered as having the status
of an appeal pending before the Secre