The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1916-02-17

been received from Clay Tallman,
United States land commissioner, in
answer to letter from that paper in
reference to the subject discussed:
Letter to Prof. scrugham
Washington, d. c., Feb. l, 1916.
" Professor J. G. Scrugham, University
of Nevada, Reno, New.
"My Dear Mr.. Scrugham:-T have
before me your letter of January 4th,
making certain inquiries with respect
to desert-land reclamation under the
desert act by pumping. ] must beg
your pardon for not answering more
promptly. As I desired to give the
matter some personal attention, I have
not found it practicable to do so until
now.
"In reply will say that your under
standing of the desert-land regulations
as well as of the law, is substantially
correct. | may say, however, that
there is nothing new about this regula-
tion, for it is only an application of
the requirements of the desert-land act
as they have always been to pumping
propositions. The law requires water
supply for all the irrigable land sought
to be patented, and it is the view of
the Department and of this office that
such water supply is not available
within the meaning of the law until it
is ready to be put on the land Former
regulations some years ago required
that all the land be actually irrigated
and reclaimed and one-eighth in culti-
walton. Later regulations have held
that only that portion had to be aetu-
ally reclaimed and irrigated that was
required under the law to be cultivat-
ed to crops, so long as the water sup
ply was available for all the land and
bitches ready for further reclamation
and cultivation. / do not think it is
either advisable or in accordance with
the law to hold that an underground
water supply is an available water
supply for irrigation when it still re-
mains in the ground undeveloped, un-
proven and with no installation of ap-
paratus to get the water on the Land,
any more than it would be correct to
say that water in a river some miles
from land t. be irrigated is an avail
able water supply before any diversion
or transmission ditch is provided
Moreover, as the law requires an avail
able and sufficient water supply for
the reclamation of all of the irrigable
land within the entry, there would be
no way of enforcing compliance with
the act if patent were to issue on a
showing of a water supply sufficient
for the reclamation of only one-eighth
of the irrigable land in the entry. On
the other hand it is held that if suf
fcient water supply for the entire ir-
rigable area has been made available
and ready for use, we are justified in
issuing patent, for in such cases it is
apparent that substantial compliance
with the act has been shown, and little
or nothing would be gained by requir-
ing the irrigation of land not ready
for cultivation.
"In this connection / would further
call attention to the fact that there is
nothing in the law that compels a des-
ert entryman to take 500 acres; that is
only maximum, and he can take what
ever he is able to reclaim within the
period provided by law. / think the
320-acre desert entry is generally con-
ceded to be too large. I recommended
in my last annual report that this area
be reduced to loo acres. On private
projects there are many successful
farms of not more than ten, twenty or
forty acres, in fact they are more sue
eessful than where a large area is at
tempted to be handled by persons with
comparatively limited means and with
their own labor. Those persons who
have entered $50 acres may make final
proof of reclamation of lesser amount
and procure patent thereto, relinquish-
ing the balance.
"Again, under certain acts passed
subsequently to the desert-land act,
persons may secure two extensions OF
time of three years each when unable
to reclaim the land as a result of nee
essary delay in the construction of
works: These Laws have always been
literally construed, hence the entry
man in a proper case has ten years in
which to procure a water supply for
the land in his entry. In addition to
this, with respect to entries made prior
to July l, 1914, under an act passed
on March 4, 1915, another and further
extension of three years more may be
procured in cases where there is a rea-
sonable likelihood of such entrvman
procuring a water supply for irriga-
tion and he is not able to procure such
extension under other laws existing at
that time. This makes a total of thir-
teen years. 1t would seem, therefore,
that to require anything less than an
adequate water supply for all the ir-
rigable land sought to be patented
within these periods, would not be con-
dueive to the eountry's development,
and it certainly would not be eompli-
anee with the requirements of the law.
Generally speaking, it should be
recalled that the purpose of the desert
land act is reclamation Of desert lands
and placing them in cultivation for
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ment if started in the high sehoolsl