Year: 1877

acre, to tile a declaration, under oath, with the register and reeeiv- or of the land district in which | any desert land is situated, that i he intends to reclaim a tract of i desert land, net exceeding one section, by conducting water upon the same within the period oft three years thereafter: provided, however, that the right to the use of water by the person so con- duetiag the same on or to any tract of desert lands of six hundred and forty acres, shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appro- priated and necessarily used for the purpose of irrigation and re- clamation; and all surplus water over and above such actual appro- priation and use, together with the water of ali lakes, rivers, and other sources of water supply upon the public lands and not ma vigable, shall remain and be held free for the appropriation and use of the public for irrigation. min ing and manufacturing purposes subject to existing rights. Said declaration shall describe particul- arly said section of land, if survey ed. and if unsurveyed shall des- cribe the same as nearly as possi- ble without survey. At any time within inc period of three years after filing said declaration, upon making satisfactory proof to the register and receiver of the reclamation of said tract of land in the manner afOrasaid, and upon the payment to the receiver of the additional sum of one dollar per acre for tract of land not eX- ceeding six hundred and forty acres to any one person, patent for the same shall be issued to him: provided, that no person shall be permitted 10 enter more than one tract of land, and not to exceed six hundred and forty acres, which shall be in compact form.

 SECTION 2. That all lands, eX- elusive of timber lands and min eral lands, which will not, with out irrigation, produce some agri- cultural crop. shall he deemed de- sert lands within the meaning Of this act, which fact shall be eseer- tained by proof of two or more credible witnesses under oath. whose affidavitS shall be filed in the land office in which said tract of land may be situated.

 SECTION 3. That this act shall

 only apply to and take effect in the States of California, Oregon and Nevada. and the Territories of Washington, Idaho. Montana,

 Utah, Wyoming, Arizona, New Mexico and Dakota, and the de-

 termination of what may be con- l sidered desert land shall be sub

 feet to the decision and regulations of the Commissioner of the Gen eral Land Office.

 | INSTRUCTIONS.

 | The declaration specified in the first section of the act to be filed

 with the Register and Receiver

 must be under oath, and may be executed before either the Regis ter or Receiver, or the clerks of any court of record having seal. It must set forth that the applicant Is a citizen of the United States. or tilau be has declared his inten- ton to become such, in which case duly-certified copy of his decIa-

 ration of intention to become a

 citizen must be presented and , fled It must also be set up that

 the applicant has made no other declaration for desert lands under

 the provisions of this act and that he intends to reclaim. the tract Oi , land applied for. not exceed ing one section, by conducting water

 thereon within three years from : the date of his declaration. The declaration must also contain 5 description of the land applied for, by legal subdivisions If sur veyed. or if unsurveyed, as nearly as possible without survey by giving with as much clearness and precision as possible, the local ity of the tract with reference tt known and conspicuous landmark

 or the established lines of survey, so as to admit of its being there , after readily identified when the , lines of survey come to be extend

 ed.

 AS preliminary to the filing O , such declaration it must be satiS

 factorily shown that the lano therein described is desert land a! defined in the second section O. = the act To this end you vii

 require the testimony of at least

 two disinterested and credible ! witnesses, whose testimony you will reduce to writing in the usua

 manner. or the evidence may be

 furnished in the form of affidavit:

 executed before the clerk of any courf Of rooord n haU:pr a CoaI thc