Evening capital news. (Boise, Idaho) 1901-1927, 1916-05-04
NO WATERR RIGHTS
Will BE ISSUED
TO SPECTATORS
Important Ruling Is Laid
Down by Secretary of In
terror - Private Owners
Must Live Near Lands.

The owner of private land within
exclamation project who desires to
obtain a water right under the project
must be a resident upon the land or
IN the neighborhood at the time he
presents his application for water
right and until his application is en-
tertained and approved by the United
States. This Is the very important
ruling made by the secretary of the
interior as written by Andrieus A.
Jones. first assistant secretary. In the
matter OF issuing final certificate for
water right to Andrew Carrick Of Port
land. While the decision involves lands
In the Yakima project, Washington,
the ruling Is of unusual interest to
several thousands of land owners I'M
der the Boise and Minidoka projects.
Copies of the decision were received
by b. E. Stoutemeyer. district counsel
Tor the reclamation service, with
headquarters In Boise. Will r. King,
chief counsel for the reclamation serv-
Kce. submitted oral argument before
ne first secretary of the interior and
The departmental board of appeals on
the question of residence requirement
of private land owners on reclamation
projects and his argument accom-
panied the decision of the first assist
ant secretary.
Decision Of Secretary.
The decision is as follows:
"The Reclamation Commission,
Washington. d. c.
Gentlemen: am in receipt of
your letter of Dec. 80, 1915, concern
ing the issuance of final certificate
for water right to Andrew Carrick, of
Portland, Ore, for 20 acres of land in
private ownership in the Tieton unit of
the Yakima reclamation project. Wash
ington.
1.-THE question involved is whether at
date of submission of proof as basis
of issuance of final certificate Mr..
Carrick must furnish evidence that he
~ resident upon the tract of land
involved or within the neighborhood
thereof. The reclamation act of June
II. 1909 (32 Stat, 1881, provided that;
No right to the use of water for
land in private ownership shall be
sold for tract exceeding 100 acres
to any one landowner, and no such
sale shall be made to any landowner
unless he be an actual bona fide resi-
dent on such land, or occupant thereof
residing in the neighborhood of said
land, and no such right shall perma-
nently attach until all payments there
for are made
Must Maintain Residence.
1.-THE act further provided that the
payment of construction charges in
connection with such lands might be
made in 10 annual instruments. Con-
STRUNG the above-quoted provision of
law, the department held that resi-
dence must be maintained upon the
land or in the neighborhood, the lat
ter being arbitrarily fixed at so miles,
until he had completed the payment of
construction charges. August 8, 1912
~S37 Stat, 265), congress amended the
said reclamation act so as to provide,
among other things, for the issuance
of patents as to residence, reclama-
ton, and cultivation, and of payments
of all moneys then due, each patent
and water right certificate so issued to
reserve to the United States a prior
lien on the land patented or for
which q water right is certified. In
other words, congress provided that a
homestead entryman or private land
owner within a reclamation project
need not await the completion of pay
ment of all construction charges be-
fore securing a patent or final water
right certificate, but might obtain
same at any time after submitting
the proof hereinafter indicated, the
balance due being secured by a lien
in favor of the United States Pri-