The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1916-05-05

The following letter from the First
Assistant Secretary of the Interior
dealing with residence upon lands un-
der government reclamation projects
is of local interest. This is the deci-
sion of the Department upon the ques-
ton involved.
The letter from First Assistant Sec
rotary Jones to the Reclamation Com
mission, dated April 10, holds that pri-
vate landowners who have filed appli-
cations for water rights for lands
within government reclamation pro-
ject are entitled to water right certifl-
Gates upon proof of the cultivation
and reclamation of the land to which
the certificate applies"
The Letter in Full.
Mr.. Jones letter to the Reclamation
Service setting forth the conclusion of
the Department is as follows:
al am in receipt of your letter of
Dec. 80, 1915, concerning the issuance
of final certificate for water right to
Mr.. Andrew Carrick. of Portland,
Oregon, for 20 acres of land in private
ownership in the Tieton unit of the
Yakima Reclamation project, Wash
ington.
"The question involved is whether
at date of submission of proof as ba-
sis of issuance of final certificate Mr..
Carrick must furnish evidence that he
is a resident upon the tract of land
involved or within the neighborhood
thereof The reclamation act of June
II, 1902 (32 Stat. 388), provided that
mo right to the use of water
for land in private ownership shall
be sold for a tract exceeding one
hundred and sixty acres to any one
landowner. and no such sale shall
be made to any landowner unless
he be an actual bona fide resident
on such land, or occupant thereof
residing in the neighborhood of
said land, and no such right shall
permanently attach until all pay
ments therefor are made"
The act further provided that the
payment of construction charges If
connection with such lands might bt
made in ten annual instalments. Con
STRUNG the above-Quoted provision o.
law, the Department held that resi-
dence must be maintained upon thu
land or in the neighborhood, the latter
being arbitrarily fixed at 50 miles. un
til he had completed the payment o
construction charges. August 9, l9l.
(37 Stat, 26s). Congress amended tn
said reclamation act so as to provide
among other things. for the issuance
of patents and water-right certihcate
upon the submission of certain proof
as to residence, reclamation. and cult
walton and of payments of all money
, then due, each patent and water-righ
certificate so issued to reserve to tn
, United States a prior lien on the lam
patented or for which water RICH
is certified. In other words, Congress
provided that a homestead entryma
q or a private landowner within a rec
lamation project need not await tn
q completion of payment of all construt
ton charges before securing a pater
or A final water-right certificate. bt
might obtain same at any time ate
6 submitting the proof hereinafter II
. Dictated, the balance due being secure
A by lien in favor of the United State
Private landowners who have tlied al
Il plications for water rights tor the
i lands within such project. and who!
applications have been received ar
= filed. are described in the act OF Au
ust 9, 1912, as purchasers of waite
d right certificates and the said act en-,
y ties them to a final water-right cert
a nCdtc upon piooi " IN
~ and reclamation of the land to whi'
the certificate applies
7. "Section of the act of August
is 1912. is as follows:
ID THAT any homestead entryman
ID under the Act of June seventeenth.
nineteen hundred and two. known
as the reclamation Act, including
,e entrymen on ceded Indian lands,
es may, at any time after having com
h. piled with the provisions OF law
IN applicable to such lands as to res
lg idence, reclamation and cultiVa-
y ton, submit proof of such resi-
ID dence, reclamation and cultiva-
n ton, which proof. if found regular
X and satisfactory. shall entitle the
II, cntryman to patent, and all pur-
n chasers of water-right certificates
n on reclamation projects shall be
r. entitled to a final water-right GER
A. ti6cate upon proof of the cultiva-
.r, ton and reclamation of the land TO
IL which the certificate applies, to the
o. extent required by the reclamation
de Act for homestead entrymen
u Provided, That no such patent or
n certificate shall issue until all sums
on due the United States on account
of such land or water right at the
time of issuance of patent or GER
ret ti6cate have been paid.
lat at is therefore evident from a CO
MS sideration of the two acts, cited u