THE IRRIGATION AGE. 



89 



THE CAREY ACT 



A Review of Present-Day State Legislation and 

 Regulations Under the Act 



BY E. F. BOHM* 



Member of Executive Committee Eighteenth National Irrigation 

 Congress 



In view of the vast amount of literature placed before 

 the public within recent years, by the various companies 

 operating under the Carey Act, it would appear at first 

 glance as though all that could possibly be said upon the 

 subject had been reiterated many times. 



As a matter of fact, however, while the statutes gov- 

 erning Carey Act operations in the various states are, in 

 the main, alike, the regulations authorized by the various 

 land boards under the wide scope of authority granted 

 them under the statutes, differ upon matters of some, im- 

 portance to him who undertakes to make a home upon 

 "Carey Act" lands, and an exposition of the varying 

 methods in vogue would be of interest to many. Beyond 

 this, there are many who have a vague notion of the pro- 

 visions of the Act itself Federal and State and if this 

 dissertation will be of service to any, I will feel amply 

 compensated for the efforts of its production. 



It should be explained, at the outset, that the Federal 

 Act leaves the State free to legislate as it chooses, sub- 

 ject, of course, to the general provisions of the Federal 

 legislation. 



And that, while the States, individually, have passed 

 Laws in accordance with the Federal Act, the various Land 

 Boards, created by State Legislation to administer these 

 Estates, are endowed with authority to formulate such Rules 

 and Regulations as in their opinion may be necessary ; and 

 that since such Rules and Regulations are at all times open 

 to change or amendment, some of the statements herein 

 made, may at some future time, be without force or be 

 misleading. 



The State Land Boards, in the enactment of Rules, have 

 displayed commendable energy and forethought in attempt- 

 ing to adapt their requirements to the exigencies of what, 

 in many cases, were new and untried situations. 



As there may not be complete understanding of the Fed- 

 eral Act itself ;(the fundament of all other Carey Act Legis- 

 lation), it may be well to refer to it briefly, and of the causes 

 lying back of it, which interlaced, as they are, with the 

 History of the growth of the Arid Land States, the develop- 

 ment of the West, of the gradual appropriation by individual 

 effort of Irrigation Waters to the point of exhaustion, and 

 of the Legislative changes made necessary by changing condi- 

 tions, which changes finally result in the passage of the 

 Carey Act (and at a later date of the Newlands or Federal 

 Reclamation Act) would furnish material for an interesting 

 story, by itself. 



Considering the recognized importance of the Carey 

 Act, and of its beneficient effects, it is difficult to realize, 

 that, at the time of its adoption, in 1894, it was necessary 

 for its few advocates, headed by the Hon. Jos. M. Carey, at 

 that time Senator from Wyoming, to introduce the measure 

 almost clandestinely. The Act, in fact, made its first appear- 

 ance as a "Rider" to an Appropriation bill, and it author- 

 ized the Secretary of the Interior to "contract and agree to 

 patent to the States (named) in which may be found Desert 

 Lands, not to exceed 1,000,000 acres of Land" under condi- 

 tions laid down, which, with the Provisers included in the 

 Amendment of 1896, are, briefly, as follows : First, that the 

 State shall file a map and plans with reference to the Land 



*[Mr. Bohm, a resident of Cleveland and of Chicago, has taken a 

 deep interest in Western land and irrigation matters, and during the 

 past two years has made, upon his own initiative, an exhaustive 

 study of the "Carey Act" and of the Federal Reclamation Act, visiting 

 many of the irrigation projects and conferring with State and Federal 

 officials. Upon his return from a recent tour of investigation of 

 Northwestern projects, he prepared for the National Farm Land Con- 

 gress an article embracing the leading features of the Carey Act as 

 adopted by the various states, after several years experience with 

 actual operations. Through the courtesy of Mr. Bohm we are enabled 

 to present this resume of actual working conditions, under the Act, 

 in the various states, in the belief that our readers will derive much in- 

 formation from its study. Editor's Note.] 



proposed to be irrigated, showing the water resources, and 

 other data, at which time the Secretary of the Interior "shall 

 reserve the Land applied for." "This reservation to date 

 from the date of the plan and map, but to be of no effect, 

 however, if the plans be not approved." From this it will 

 be seen that the initial responsibility rests with the De- 

 partment of the Interior : the more so in the light of recent 

 Regulations to which I shall refer later. Second, the State 

 is authorized to enter into contract with persons, associa- 

 tions, or corporations for the reclamation of the Lands, and 

 for their settlement and cultivation. It is prohibited from 

 disposing of them in any other way. Third, the State is 

 authorized to create a lien to be valid against the separate 

 legal sub-divisions of land reclaimed, for the actual cost and 

 necessary expense of reclamation, and reasonable interest 

 thereon, until disposed of to actual Settlers. Fourth, when 

 an ample supply of water is actually furnished in a substan- 

 tial ditch, or by artesian wells or reservoirs to reclaim a 

 particular tract or tracts of such lands, then Patent shall 

 issue to such state, without regard to settlement or cultiva- 

 tion. 



The original Act was limited in its application to a period 

 of ten years from August 18th, 1895 this was amended in 

 1901, to the effect that the States "were allowed ten years' 

 time from the date of approval of their applications, d'uring 

 wnich to complete the reclamation of the lands applied for"- 

 the lengthening of this period for the reclamation proposed, 

 after the possible expiration of ten years, to be optional with 

 the Secretary of the Interior, should the State have failed 

 within that period to complete the scheme of Reclamation. 



I take the liberty of quoting from the Rules and Regu- 

 lations adopted by one of the States, and which are charac- 

 teristic in their essentials of the rules of all of them, viz. : 

 "The conspicuous part of the Act is the provision whereby 

 a lien is authorized to be created by the State to be valid 

 against the separate legal sub-divisions of the Land reclaimed 

 for the actual cost and necessary expense of reclamation 

 and reasonable interest until disposed of to actual settlers" or 

 "If an ample supply of water has been furnished" (as 

 prescribed by law) "then Patent shall issue to the State 

 without regard to settlement or cultivation." These provi- 

 sions enable the state to offer the Investor substantial security 

 for the money expended in irrigation Works. Inasmuch as 

 the benefits resulting from the construction of the works 

 accrue to the land reclaimed, it is proposed that they stand 

 pledged for the return of the capital thus invested. The 

 mention of these regulations will be of interest to those con- 

 templating Carey Act ventures. 



To further safeguard operations under the Carey Act, 

 the Department of the Interior has recently issued Regula- 

 tions, under which the States are required to furnish the 

 Federal Land Officials Annual Statements showing the names 

 of persons to whom they have passed title and descriptions 

 of the lands patented. The United States officials are 

 charged with the duty of careful inspection of the lands 

 requested for segregation to see that they fall within the 

 classification of "Desert" and "non-mineral" Lands, as pre- 

 scribed in the Federal Statutes, thus eliminating the possi- 

 bility of settlement upon Land to which title subsequently 

 could not he acquired within the meaning of the Act. Under 

 date of May 1st, 1909, the States are further required to pre- 

 sent, with their applications, the fullest data, to show that 

 the plans proposed may be sufficient to thoroughly irrigate 

 the Land to raise ordinary crops, for which purpose a state- 

 ment by the State Engineer showing the amount of water 

 available will be required, as well as other data, which the 

 judgment or experience of the Federal Land Officials may 

 suggest as necessary. 



As Lands upon which deposits of coal or other minerals 

 may be found will not be patented to the States under this 

 Act, they are required to publish notices of the segregation 

 of the lands asked for during a period of sixty days, thus 

 permitting time for contest by reason of prior adverse rights 

 or on account of the non-desert or mineral character of the 

 Lands. 



That the Carey Act was a few years in advance of the 

 needs of the country to be benefited does not in any meas- 

 ure detract from the credit due the men instrumental in its 

 passage. It is difficult to conceive of any legal device better 

 adopted to the ends to be accomplished. Notwithstanding 

 the enormous development that has taken place within recent 

 years under the provisions of the Carey Act, and the severe 

 test to which the Act has been subjected, it stands today in 

 its entirety, as originally drafted the Amendments subse- 



