480 KEPORT OF OFFICE OF EXPERIMENT STATIONS. 



I'ied out. Errors of the past required attention, and remedial meas- 

 ures were undertaken. Faulty contracts were canceled whenever 

 possible and modified contracts substituted in cases wliere it was 

 evident that construction already undertaken would prove a loss 

 to the investor who had been permitted to initiate his project with- 

 out suiRcient investigation. 



Under these changed conditions the inadequacy of the State law 

 became more noticeable than ever. Lack of sufficient authority con- 

 ferred by law, absence of an effective water code on the statute books, 

 and no ajopropriation to cover necessary expenses handicapped the 

 operations of the board. Efforts were put forth, therefore, to secure 

 more adequate legislation and a working appropriation. This re- 

 sulted in the passage of a modern water code and also a new Carey 

 Act law, the old laAv of 1901 being repealed. The new law, passed 

 February 24, 1909, embraces the desirable features of the Idaho and 

 Wyoming laAvs. The selection, management, and disposal of all 

 lands and the control of all reclamation Avas vested in the desert-land 

 board, which consists of the governor, secretary of state. State treas- 

 urer, attorney general, and State engineer. The governor and State 

 engineer are chairman and secretary, respectively. Administration, 

 regulation, and control of settlement and reclamation are much the 

 same as provided in Wyoming and Idaho. Peculiar conditions, how- 

 ever, required the introduction of some new features which are 

 interesting. 



The old law provided for no aj^propriation for the State land 

 board, neither did it require the settler to pay anything for the land 

 upon which he settled, although the Carey Act specifically authorizes 

 the States to " sell " these lands. As the construction company also 

 was not required to make any payments to the State, there was no 

 revenue with which to meet the expenses of the board. This condition 

 Avas remedied in the new law by requiring the company to pay to the 

 desert-land board $1 for each acre for Avhich a water right has been 

 sold. This payment is to be made from the first installment of lien 

 receiver' by the company from the settler. These payments are cred- 

 ited to the " reclamati' n fund," to be used in defraying expenses 

 authorized by the board. 



Under the new law the lien price is fixed by the board in the final 

 contract as the actual cost of construction plus 75 to 100 per cent 

 profit. The final contract is not executed until after the preparation 

 by the company of complete plans and specifications of the entire 

 project. The preliminary iuA'^estigations are suiweys being carried 

 out under a temporary contract Avith the State that is subsequently 

 replaced by the final contract. 



A unique feature is the provision authorizing the board to secure 

 the withdrawal of land on its own behalf and to let contracts to the 



