IRRIGATION UNDER THE CAREY ACT. '471 



honest endeavor on the part of the settler in requiring him to live up 

 to the provisions of his contract not only with the State but with the 

 company as well. 



As soon as the lands under a project have l:>een segregated and work 

 inaugurated by the contractor under proper financial arrangements, 

 the board is required to give notice by publication that the land is 

 oj^en for settlement, stating the price at which it is to be sold to settlers 

 by the State, and the contract price at which settlers can purchase 

 water rights or shares in such Avork. Every citizen of the United 

 States is entitled to file upon land to the extent of 1()0 acres, regardless 

 of whether or not he has exhausted his rights under the general land 

 laws. The setfler before making his application to the State board 

 must enter into contract with the canal company for a perpetual water 

 right for the entire acreage upon which he intends to file, and must 

 file with his application to the State a certified copy of this contract. 

 If the application is allowed, he is given a certificate of location Avhich 

 serves in lieu of title until final proof is made and patent received 

 from the State. The land is sold to the settler by the State at the uni- 

 form price of 50 cents per acre, one-half payable at the time of entry, 

 the other half being paid when final proof is made. A proportional 

 part of the total cost of the canal system, plus the company's profit 

 on its investment, is made a lien against each legal subdivision of the 

 project. The settler in his contract for a water right agrees to pay 

 for the water right in installments covering a period of 10 to 20 years, 

 and the unpaid installments are a lien against the land. Within six 

 months after water is ready for delivery the settler must establish his 

 residence on the land. At least one-sixteenth of his claim must be 

 cultivated within one year and one-eighth within two years. Within 

 three years he must make final proof of having complied with these 

 conditions, and complete payment of the purchase price of the land 

 to the State. Upon the completion of his contract with the State he 

 receives patent to his land, and upon completion of his payment to 

 the canal company he receives a certificate of water right wdiich con- 

 stitutes him a shareholder in the project, his interest being one share 

 for each acre of land owned by him. The water rights attach to the 

 land and become appurtenant to it as soon as title passes from the 

 United States to the State. 



The amount of water to which the land is entitled has in most cases 

 been fixed by the State board at 1 cubic foot per second for each 80 

 acres, measurement to be made at the point of diversion from the 

 main canal system. Delivery is to be made at such times and in such 

 quantities as the condition of the crops and the weather may deter- 

 mine. Control in the operation of the system is turned over to the 

 settler when 35 per cent of the total lien on project lands has been 



