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DESERT LANDS.

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For desert-land entries on lands containing coal, oil, phosphate,

etc., see these subjects under “Homesteads”.... For desert-land entries within Government reclamation projects,

extension of time within which to make proof, and assignments, see “Reclamation lands”....

.......... 254, 263, 266 Act of March 3, 1877 (19 Stat., 377)-Entry-Payment of 25 cents

per acre- Appropriation of water--Additional payment of $1 per acre-Desert lands defined....

61 Act of March 3, 1891 (26 Stat., 1096)-Map showing plan of irriga

tion-Expenditure of $1 per acre per year for three years for irrigation and improvement-Annual proof-Forfeiture-Cultivation of one-eighth of land-Payment-Final proof within

four years—Limit of 320 acres.... Act of March 28, 1908 (35 Stat., 52)— Restricted to surveyed

lands—Preference right prior to survey-Assignees must be qualified to make entry-Extension of time within which to

make proof...........................................: Act of June 25, 1910 (36 Stat., 867)–Certain assignments may be

completed-Bona fide holders of second entries confirmed

Applies to Imperial County, Cal., only......
Act of April 30, 1912 (37 Stat., 106)— Extension of time for final

proof.....
Act of September 5, 1914 (38 Stat., 712)-Second desert-land

entries.... Act of March 4, 1915 (38 Stat., 1161)—Extension of time for final

proof on entries prior to July 1, 1914-May, in certain cases, complete as homesteads, or may complete on making certain payments and proof as to improvements.......

67

An Act To provide for the sale of desert lands in certain States and

Territories.

Be it enacted by the Senate and House of Representatives Desert land

may be purof the United States of America in Congress assembled, chased.” That it shall be lawful for any citizen of the United States, or any person of requisite age "who may be entitled to become a citizen, and who has filed his declaration to become such” and upon payment of twenty-five cents per acre-to file a declaration under oath with the Declaration. register and the receiver of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one section, by conducting water upon the same, within the period of three years 2 thereafter: Provided, however, That the right to the use Right to use of water by the person so conducting the same, on or to any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appropriation; and such

water.

Limited to 320 acres by act of Mar. 3, 1891. :Time extended to four years by act of Mar. 3, 1891.

laration.

tity of land chasable.

Desert lands defined. i

right shall not exceed the amount of water actually ap

propriated, and necessarily used for the purpose of irriWater.om pub- gation and reclamation; and all surplus water over and Mc lands to be free. 8 avion

above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of

the public for irrigation, mining, and manufacturing purContents of doc- poses subject to existing rights. Said declaration shall

describe particularly said section of land if surveyed, and,

if unsurveyed,' shall describe the same as nearly as posPerfection of sible without a survey. At any time within the period of title.

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 aforesaid,

and upon the payment to the receiver of the additional ; sum of one dollar per acre for a tract of land not ex

ceeding six hundred and forty acres to any one person, a Limit to quan- patent for the same shall be issued to him: Provided,

That no person shall be permitted to enter more than one tract of land and not to exceed six hundred and forty acres, which shall be in compact form.

SEC. 2. That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural .crop, shall be deemed desert lands, within the meaning of this act, which fact shall be ascertained 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. Localities in SEC. 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 determination of what may be considered desert land
shall be subject to the decision and regulation of the Com-
missioner of the General Land Office.

Approved, March 3, 1877 (19 Stat., 377).
An Act To repeal timber-culture laws, and for other purposes.
.*

*
SEC. 2. That an act to provide for the sale of desert
lands in certain States and Territories, approved March
third, eighteen hundred and seventy-seven, is hereby

amended by adding thereto the following sections: Plan of pro- SEC. 4. That at the time of filing the declaration heretation. inbefore required the party shall also file a map of said

land which shall exhibit a plan showing the mode of contemplated irrigation, and which plan shall be sufficient to thoroughly irrigate and reclaim said land, and prepare it to raise ordinary agricultural crops, and shall also show the source of the water to be used for irrigation and

which act to a ply.

posed irrigation.

Restricted to surveyed lands by act of Mar. 28, 1908.

quire patent.

amount.

reclamation. Persons entering or proposing to enter sep- Associations. arate sections or fractional parts of sections of desert lands may associate together in the construction of canals and ditches for irrigating and reclaiming all of said tracts, and may file a joint map or maps showing their plan of internal improvements.

SEO. 5. That no land shall be patented to any person Minimum exunder this act unless he or his assignors shall have ex-punt pended in the necessary irrigation, reclamation, and cultivation thereof, by means of main canals and branch ditches, and in permanent improvements upon the land, and in the purchase of water rights for the irrigation of the same, at least three dollars per acre of whole tract reclaimed and patented in the manner following: Within Distribution of one year after making entry for such tract of desert land as aforesaid, the party so entering shall expend not less than one dollar per acre for the purposes aforesaid; and he shall in like manner expend the sum of one dollar per acre during the second and also during the third year thereafter, until the full sum of three dollars per acre is so expended. Said party shall file during each year with Proof. the register, proof, by the affidavits of two or more credible witnesses, that the full sum of one dollar per acre has been expended in such necessary improvements during such year, and the manner in which expended, and at the expiration of the third year a map or plan showing the character and extent of such improvements. If any Forfeiture. party who has made such application shall fail during any year to file the testimony aforesaid, the lands shall revert to the United States, and the twenty-five cents advanced payment shall be forfeited to the United States, and the entry shall be canceled. Nothing herein contained shall. Earlier reclamaprevent a claimant from making his final entry and receiving his patent at an earlier date than hereinbefore prescribed, provided that he then makes the required proof of reclamation to the aggregate extent of three dollars per acre: Provided, That proof be further required Proof of culti. of the cultivation of one-eighth of the land. SEO. 6. That this act shall not affect any valid rights Valid rights not

affected. heretofore accrued under said act of March third, eighteen hundred and seventy-seven, but all bona fide claims heretofore lawfully initiated may be perfected, upon due compliance with the provisions of said act, in the same manner, upon the same terms and conditions, and subject to the same limitations, forfeitures, and contests as if this act had not been passed; or said claims, at the option of the claimant, may be perfected and patented under the provisions of said act, as amended by this act, so far as applicable; and all acts and parts of acts in conflict with this act are hereby repealed.

SEC. 7. That at any time after filing the declaration, Patents to issue and within the period of four years thereafter, upon mak- four years. ing satisfactory proof to the register and the receiver of the reclamation and cultivation of said land to the extent

tions.

Patents to issue on proof, within

ment.

proofs.

and cost and in the manner aforesaid, and substantially

in accordance with the plans herein provided for, and Additional pay- that he or she is a citizen of the United States, and upon

payment to the receiver of the additional sum of one

dollar per acre for said land, a patent shall issue therefor Limit of area. to the applicant or his assigns; but no person or associa

tion of persons shall hold, by assignment or otherwise prior to the issue of patent, more than three hundred and twenty acres of such arid or desert lands; but this section

shall not apply to entries made or initiated prior to the apAdditional proval of this act: Provided, however, That additional proofs

may be required at any time within the period prescribed by law, and that the claims or entries made under this or any preceding act shall be subject to contest, as provided by the law relating to homestead cases, for illegal inception, abandonment, or failure to comply with the requirements of law, and upon satisfactory proof thereof shall be canceled, and the lands and moneys paid therefor shall

be forfeited to the United States. Act applicable SEC. 8. That the provisions of the act to which this is an

amendment, and the amendments thereto, shall apply to and be in force in the State of Colorado, as well as the States named in the original act; and no person shall be entitled to make entry of desert land except he be a resident citizen of the State or Territory in which the land sought to be entered is located.

to Colorado.

Approved, March 3, 1891 (26 Stat., 1096).

An Act Limiting and restricting the right of entry and assignment under

the desert-land law and authorizing an extension of time within which to make final proof.

Desort-land on- Be it enacted by the Senate and House of Representatives tries restricted to surveyed lands." of the United States of America in Congress assembled, That

from and after the passage of this act the right to make entry of desert lands under the provisions of the act approved March third, eighteen hundred and seventy-seven, entitled “An act to provide for the sale of desert lands in certain States and Territories,” as amended by the act approved March third, eighteen hundred and ninety-one, entitled “An act to repeal timber-culture laws, and for other purposes,” shall be restricted to surveyed public lands of the character contemplated by said acts, and no

such entries of unsurveyed lands shall be allowed or made Preference right of record: Provided, however, That any individual qualito prior entries.

fied to make entry of desert lands under said acts wbo has,
prior to survey, taken possession of a tract of unsurveyed
desert land not exceeding in area three hundred and
twenty acres in compact form, and has reclaimed or has
in good faith commenced the work of reclaiming the same,
shall have the preference right to make entry of such tract
under said acts, in conformity with the public land sur- ·
veys, within ninety days after the filing of the approved
plat of survey in the district land office.

Assignments restricted.

SEC. 2. That from and after the date of the passage of stistien this act no assignment of an entry made under said acts shall be allowed or recognized, except it be to an individual who is shown to be qualified to make entry under said acts of the land covered by the assigned entry, and such assignments may include all or part of an entry; but no assignment to or for the benefit of any corporation or association shall be authorized or recognized. SEC. 3. That any entryman under the above acts who .Extonsion... of

time to complete shall show to the satisfaction of the Commissioner of work.” the General Land Office that he has in good faith complied with the terms, requirements, and provisions of said acts, but that because of some unavoidable delay in the construction of the irrigating works, intended to convey water to the said lands, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said land, as required by said acts, shall, upon filing his corroborated affidavit with the land office in which said land is located, setting forth said facts, be allowed an additional period of not to exceed three years, within the discretion of the Commissioner of the General Land Office, within which to furnish proof, as required by said acts, of the completion of said work.

Approved, March 28, 1908 (35 Stat., 52).

tries.

An Act For the relief of assignees in good faith of entries of desert

lands in Imperial County, California. Be it enacted by the Senate and House of Representatives „Imperial Coun

ty, California. of the United States of America in Congress assembled, That any person, other than a corporation, who has in good faith heretofore acquired by assignment a desert Desert land onIand entry, which entry is regular upon its face, in the belief that he was obtaining a valid title. thereto, which assignment was accepted when filed at the local land Assignees in

good faith may office of the United States and recognized at the General complete entries. Land Office as a proper transfer of such entry, shall be entitled to complete the entry so acquired, notwithstanding any contest that has been or may be filed against such entry, based upon a charge of fraud of which the assignee had no' knowledge: Provided, however, That Restriction. this act shall only apply to any person who at the time of receiving such assignment was without notice of any fraud in the entry assigned or in any annual proof made concerning the same: Provided further, That patent shall Proof of good

we faith required. not issue to any such assignee unless he shall affirmatively establish, by his evidence, under oath, good faith and lack of notice of fraud, and by the testimony, under oath, of himself and at least two witnesses that expenditure in the total amount and cultivation and reclamation to the full extent required by law have been actually made and accomplished: And provided further, That nothing Violations of herein contained shall be construed to waive or avoid

61002°-S. Doc. 547, 64-1--5

law not waive i.

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