476 REPORT OF OFFICE OF EXPERIMENT STATIONS. 



MONTANA. 



The terms of die Carey Act were first accepted by Montana by act 

 of March 18, 1895. The intent of this early act was very different 

 from the first acts passed by Wyoming and Idaho in tlie same year in 

 that it embraced the idea of rechimation and settlement of hinds by 

 the State itself. A commission of hve residents of the State, ap- 

 pointed by the governor, was empowered to select lands, appropriate 

 Avater, and pay the necessary expenses incurred with warrants drawn 

 on the State. Subsequent exjoenses of reclamation and colonization 

 were then to have been met by the proceeds from sales of land under 

 the projects that were constructed. Fortunately, the original appro- 

 priation carried by the act. $1,000, was wholly inadequate to initiate 

 such vast operations and nothing was accomplished. At the next 

 session of the legislature, in 1897, the first laAV was repealed and a 

 much more elaborate one enacted. Power was vested in a newly 

 created body known as the '' State arid land grant commission," and 

 many of the objectionable features of the 1895 law were remedied. 

 The theory of reclamation by the State was retained, however, and 

 all expenses were to be met by State w-arrants based upon future land 

 sales under projects. Again a precarious situation was i^revented by 

 the appropriation being so small that the commission could not ac- 

 comjilish any considerable results toAvard actual development. On 

 March 8, 1905, the legislature repealed the 1897 law, abolished the 

 State arid land grant commission and permanently abandoned the 

 idea of reclamation by State. A law was enacted at that time 

 which embodied the main features of the laws of Wyoming and 

 Idaho. This law, with some minor modifications, is in effect at the 

 present time. 



The administration of the present law is vested in the " Carey 

 Land Act Board " composed of the State engineer, secretary of state, 

 and State examiner, none of whom receives additional compensation 

 for such service. The State engineer holds the most responsible posi- 

 tion, as no action of the board is binding without his ratification. In 

 addition to his duties as a member of the board, he is required to 

 pass upon all projects and exercise general supervision over all con- 

 struction. 



The importance and magnitude of Carey Act development having 

 reached a stage where the duties of administration are more than the 

 several members can cope with successfully, in addition to their regu- 

 lar duties, it was recommended by the board and the State engineer 

 in their last biennial report (1909-10) that a new board be created, 

 whose entire time could be devoted to Carey Act work, and that the 

 State engineer should be relieved of active membership on the board 

 and should act merely in a clerical capacity as secretary. This would 



