IRRIGATION UNDER THE CAREY ACT, 469 



law similar to that of Wyoming, passed just previously. Although 

 ineffective in producing any considerable develojiment. it did much 

 toward laying the foundation for the immense development that came 

 later. The Carey Act was new and untried, and lacked the effective- 

 ness which its later amendments provided. After Congress passed 

 its first amendment, June 11, 1890, authorizing the creation by the 

 State of liens against the land for development to secure the cost of 

 irrigation construction, Idaho, in 1899^ passed a new law iu wliich 

 most of the features of the 1895 law were incorporated. Neither of 

 these laws, however, resulted in any considerable development, as 

 only three successful projects were initiated prior to 1900. The 

 reason for this condition is not known exactly, although circum- 

 stances seem to indicate that capital would not invest in extensive 

 undertaking because of the time limit prescribed in the national act, 

 the Carey Act expiring by limitation in 1904. The removal of this 

 objectionable feature by congressional action March 3, 1901. together 

 with the phenomenal success attending the development of the Twin 

 Falls Land & Water Co.'s project on the Snake River, initiated 

 in 1902, just subsequent to the passage of the second amendment, 

 served to give Carey Act reclamation in Idaho an impetus that has 

 resulted in development that is unprecedented in magnitude and 

 effect. Since 1901 Idaho has exhausted not only the original million 

 acres granted to the State, but also has exhausted a second million, 

 granted in 1908, and segregations at the present time cover the greater 

 part of the third million acres, also granted in 1908. There has been 

 actually expended in reclamation work alone nearly $18,000,000. and 

 the completion of the projects outlined will require the expenditure 

 of between $90,000,000 and $100,000,000. 



The control of this vast work of development, in so far as the State 

 is concerned, is vested in the State board of land commissioners, 

 which is authorized to make such rules and regulations as may be 

 necessary to carry out the purposes of the national and State acts. 

 The works are constructed under the supervision of the State and 

 may be undertaken by any individual, association, or compan}'. The 

 procedure in the carrying out of a project is about as follows: 



The contracting party files a request with the State board of land 

 commissioners, asking for the withdrawal from the public domain of 

 the lands to be reclaimed. This request, in addition to stating the 

 lands desired to be withdrawn, must be accompanied by a proposal to 

 construct the necessary reclamation works, stating the source of 

 water supply, the location and dimensions of the proposed works, the 

 estimated cost of construction, and the price and terms at which the 

 contracting party will sell perpetual water rights to settlers. The 

 request must be accompanied by a certificate of the State engineer to 

 the effect that application for permit to appropriate water has been 



