ACTS OF CONGRESS 34,5 



IRRIGATION. SEC. 605 



CHAPTER 44. 



GRANT OF DESERT LANDS FOR RECLAMATION. 

 (CAREY ACT.) 



SEC. 605. Agreement for Grant Upon Reclamation. 



606. Limit of Time for Reclamation of Land. 



607. Plans for Irrigation to be Filed. 



608. Lands Affected Withdrawn From Entry. 



609. Conveyance of Title. 



610. Security for Cost of Reclamation. 



Cross-Reference: ACCEPTANCE OF THIS GRANT; RECLAMA- 

 TION: sec. 394 et seq., ante; GOVERNMENT RECLAMATION: sec. 

 611 et seq,., post. 



SEC. 605. DESERT LANDS GRANTED TO STATE. 



To aid the public land states in the reclamation of the desert lands 

 therein, and the settlement, cultivation and sale thereof in small tracts 

 to actual settlers, the Secretary of the Interior with the approval of the 

 President, be, and hereby is, authorized and empowered, upon proper 

 application of the state to contract and agree, from time to time, with 

 each of the states in which there may be situated desert lands as denned 

 by the act entitled "An act to provide for the sale of desert land in 

 certain states and territories," approved March third, eighteen hundred 

 and seventy-seven, and the act amendatory thereof, approved March 

 third, eighteen hundred and ninety-one, binding the United States to 

 donate, grant and patent to the state free of cost for survey or price 

 such desert lands, not exceeding one million acres in each state, as the 

 state may cause to be irrigated, reclaimed, occupied, and not less than 

 twenty acres of each one hundred and sixty-acre tract cultivated by 

 actual settlers, within ten years next after the passage of this act, as 

 thoroughly as is required of citizens who may enter under the said 

 desert land law. (Act Aug. 18, '94; 28 Stat. L., p. 422, sec. 4; 6 Fed. Stat. 

 Ann., p. 397; 2 Comp. Stat, p. 1554.) 



This grant accepted by sec. 394, ante. 



Grant of lands with coal reserved : sec. 599, ante. 



The definition referred to is found in 19 Stat. L., p. 377, sec. 2, as follows : 



"All lands, exclusive of timber and mineral lands, which will not without 

 irrigation produce some agricultural crop, 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 may be situated." 



Cited: 158 Fed. 346: 167 Fed. 770; 167 Fed. 881; 188 Fed. 273; 20 Land 

 Dec. 440 ; 21 L. D. 90 ; 24 L. D. 66, 562 ; 25 L. D. 33 ; 26 L. D. 74, 480 ; 31 L. 

 D. 149, 228 ; 33 L. D. 105. 374 ; 34 L. D. 453, 589 ; 35 L. D. 46, 477 ; 36 L. D. 

 342, 399, 509 ; 37 L. D. 624 ; 38 L. D. 508, 580. 



