236 



THE IRRIGATION AGE. 



will be started within a short time and it is confidently 

 expected that the results will show that millions of 

 acres of Montana lands heretofore assumed to be val- 

 uable for grazing only are adapted to agriculture. This 

 is predicated upon the fact that the minimum rainfall 

 in eastern Montana is about fourteen inches, that the 

 soil is generally good, and that this method of farming 

 is being profitably conducted in eastern Washington. 

 California, Western Kansas, Nebraska and Colorado in 

 districts where the annual rainfall is from nine to ten 

 inches. It is also known that in that portion of North 

 Dakota west .of the Missouri River where the rainfall 

 is from fourteen to sixteen inches the farmers are doing 

 well and although last year was unusually dry there was 

 a large increase in the products shipped from the differ- 

 ent stations in North Dakota and west of the Missouri. 

 This country is being rapidly settled up by a good class of 

 settlers attracted by the large areas of unoccupied Gov- 

 ernment lands and the low prices at which lands are 

 being sold by the land companies operating there. 



It is a constant source of surprise to all who are 

 familiar with the conditions that the settlement of 

 northern Minnesota does not proceed more rapidly. 

 There are millions of acres of excellent lands in north- 

 ern Minnesota where the timber has been cut off which 

 are waiting for settlers and which are obtainable at 

 very low prices. There appears to have been no sys- 

 tematic effort toward securing immigration in Minne- 

 sota and the result is that settlers have gone and are 

 going further north into Canada trying to make homes 

 on lands not nearly as well adapted to their purposes as 

 those they are passing by in Minnesota. An excellent 

 move to cure this condition of affairs would be the es- 

 tablishment of a State Immigration Bureau. The own- 

 ership of northern Minnesota lands is so diverse that it 

 would be difficult if not impossible to secure unity of 

 action by the land owners, and as every settler adds to 

 the wealth of the State it is entirely proper that the 

 work of securing them should be borne by the State as 

 a whole. 



H. G. LEAVITT VS. THE SECRETARY OF THE 



INTERIOR AND THE NEBRASKA STATE 



BOARD OF IRRIGATION. 



If You Like The Irrigation Age Why Not Send it to a Friend 

 FOR. ONE YEAR.7 



Cannot fail to please any man and will please him lor twelve months 



Fill in address and mail with One Dollar at our risk 

 If you wish to send "PRIMBR OF IRRIGATION " also, send $2.50 



THE IRRIGATION AGE, 



JJ2 Dearborn Street, Chicago 

 Send your Magazine one year, commencing -with the 



month of 



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and notify party named above that the subscription has been 

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(I 



In our issue for March mention was made of a de- 

 cision by the Nebraska State Board of Irrigation against 

 Heyward G. Leavitt, who had completed plans for an 

 extensive irrigation project and wherefore he had filed 

 with the secretary of the State Board a petition for 

 leave to appropriate from the North Platte River in 

 Nebraska, some one thousand eight hundred cubic feet 

 of water per second to be used for irrigation and do- 

 mestic purposes. 



The claim of Mr. Leavitt and his associates was 

 ignored by the State Land Board and an adverse de- 

 cision rendered. 



Action was subsequently taken in the form of an 

 appeal from the decision of the Nebraska Board of Irri- 

 gation to the courts and we herewith publish a copy of 

 the petition served on E. A. Hitchcock, Secretary of the 

 Interior, John H. Mickey. Governor of Nebraska, Nor- 

 ris Brown, attorney general and H. M. Eaton, com- 

 missioner of public lands and buildings of Nebraska. 



The last three named constitute the State Board of 

 Irrigation of that State. 



IN THE DISTRICT COURT OF SCOTTS BLUFF COUNTY, 

 NEBRASKA. 



Heyward G. Leavitt, Appellant, 



vs. 



Ethan Allen Hitchcock, as Sec 

 retary of the Interior of the 

 United States, and 

 John H. Mickey, as Governor 



of the State of Nebraska, 

 Norris Brown, as Attorney- 

 General of Nebraska, and 

 H. M. Eaton, as Commissioner 

 of Public Lands and Build- 

 ings of Nebraska, 

 Constituting the State Board of 

 Irrigation of Nebraska, 



Appellees. 



To THE HONORABLE DISTRICT COURT OF SCOTTS BLUFF 

 COUNTY, NEBRASKA: 



Heyward G. Leavitt, the appellant in the action 

 above entitled, respectfully states and shows to the 

 Court : 



Isty That heretofore, to-wit: on the 19th day of 

 September, 1904, the Honorable Secretary of the In- 

 terior of the United States, acting in that behalf by 

 and through John E. Field, the district engineer of 

 the United States Geological Reclamation Service, 

 transmitted to the secretary of the State Board of Irri- 

 gation of the State of Nebraska, an application, Num- 

 ber 768, and entitled, "Application for a permit to con- 

 struct the Pathfinder Reservoir, and to store the unap- 

 propriated waters of the North Platte River, in the 

 State of Wyoming." A copy of said application is 

 found in the transcript filed herewith, in the appeal 

 entitled herein, which transcript is duly certified by 

 Adna R. Dobson, secretary of the State Board of Irri- 

 gation of Nebraska, and reference thereto is hereby had, 

 and said application made a part of this petition, to 

 the same effect, and with the like intent as though the 

 same was incorporated herein at length. 



Petition of Appellant 

 on Appeal. 





