THE IRRIGATION AGE. 



125 



THE CAREY ACT 



How to Acquire Title to Public Lands Under 

 The Act. 



A Comprehensive Survey of the Regulations in 

 Force in the Various States. 



Copyrighted 1910 By E. F. Bohm, Cleveland and Chicago 

 (Member Executive Committee, Eighteenth Nat'l Irrigation Cong.) 



Having pointed out, with a brief reference to the his- 

 tory of the federal "Carey" Act, the salient features of 

 federal and state legislation, it will be interesting to trace 

 the course to be pursued by both the company, and the 

 entryman (or settler), as well as the methods followed, 

 and regulations adopted, by the various states, in the con- 

 trol of these great estates. 



The contract between the state and the "construc- 

 tion" company having been executed, the next step is to 

 provide for the "entering" of the land by those who are 

 qualified and who may wish to make use of their statutory 

 rights. It is well, at this point, to emphasize the fact 

 that the benefits of the Carey Act, in so far as they relate 

 to the segregation of lands and the acquisition of title, 

 insure in the same degree to the individual who may wish 

 to construct his own irrigation plant to furnish water for 

 160 acres, or to an association of persons who may desire 

 to co-operate toward this end, as to the corporation which 

 proposes to sell water rights to hundreds of settlers. The 

 principal causes for the development of large tracts by 

 aggregations of capital may be found: First, in the physi- 

 cal difficulty of individual water diversion; second, the 

 greater economy resulting from joint effort; and, third, 

 the easy terms of payment upon which water rights, under 

 the large canal systems, are sold. 



Some small tracts have been taken up from time to 

 time in Wyoming by individuals or by two or three com- 

 bined, while the statutes of both Montana and South Da- 

 kota provide for state aid to associations of settlers who 

 desire to operate in their own behalf. The statutes of all 

 states provide for request for selection of lands upon the 

 part of "any person or persons, company, firm, association 

 or corporation." Since an overwhelming amount of the 

 settlement occurs upon the larger tracts, irrigated under 

 contract with large corporations, the statements herein 

 made are to be construed as dealing with this class of 

 operations, and, for convenience of nomenclature, the con- 

 tractor is hereafter referred to as the "Company." Sep- 

 arate mention will be made of special provisions for "As- 

 sociations" where their importance may justify it. The 

 various statutes, rules and regulations governing the rela- 

 tions of the state, the contractor, and the settler, will be 

 explained somewhat in sequence as they may become of 

 importance in actual operations, and, as far as practicable, 

 will be grouped together as they may deal with the land, 

 the water, or the subjects of general importance. 



Wherever the regulations are of a general nature, 

 and, as between all the states, largely in harmony, they 

 will be referred to without specific mention of each state 

 possible exceptions to the rule will be pointed out by 

 individual mention. Distinct omission of the names of 

 any state or states may be taken to indicate, either ab- 

 sence of statute or regulations governing the subject in- 

 volved, or lack of data. 



The official titles of the various governing boards, 

 t^eir constituency and post office address, together with 

 the names of the principal official of the board are here- 

 with presented 



IDAHO. 



State Board of Land Commissioners Governor. Attorney-General, 

 Secretary of State, Superintendent of Public Instruction, Registrar of 

 Land Department. Postoffice address, Boise; 'M. I. Church, Registrar 

 and Secretary of Board. 



WYOMING. 



State Board of Land Commissioners Governor, Superintendent of 

 Public Instruction, Secretary of State. Postoffice address, Cheyenne; 

 R. P. Fuller. Commissioner of Public Lands. 



COLORADO. 



State Board of Land Commissioners Governor, Secretary of State, 

 Attorney-General, Superintendent of Public Instruction, Registrar of 

 Land Department. Postoffice address, Denver; R. L. Jefferson, Registrar. 



UTAH. 

 State Board of Land Commissioners Five resident citizens ap- 



Kinted by Governor, with consent of Senate, hold office two years, 

 istoffice address, Salt Lake City; Thos. C. Callister, Secretary. 



MONTANA. 



Carey Land Act Board State Engineer, Secretary of State, State 

 Examiner. Postoffice address, Helena; G. R. Davies, Secretary. 



OREGON. 



Desert Land Board Governor, Secretary of State, Treasurer, 

 Attorney-General, State Engineer. Postoffice address, Salem; John H. 

 Lewis, State Engineer, is Secretary of Desert Land Board. 



NEW MEXICO. 



Carey Act Land Board Governor, Commissioner of Public Lands, 

 Territorial Engineer. Postoffice address, Santa Fe; R. P. Ervien, Sec- 

 retary of Board. 



SOUTH DAKOTA. 



Carey Land Act Board State Engineer, State Auditor, Commis- 

 sioner of School and Public Lands. Postoffice address, Pierre. 



Qualifications Necessary to Enter Land. 



Any citizen of the United States, or any person hav- 

 ing declared his intention of becoming a citizen (who 

 must present a certified copy of his declaration of inten- 

 tion) may present a sworn "Application for Entry" to the 

 board to "enter any of said lands," regardless of whether 

 he (or she) may have exhausted, previously, all rights 

 under the federal agricultural land laws. 



Rights of Married Women. 



Wyoming Permitted to file. 

 Idaho and Colorado Debarred from filing. 

 Montana Permitted to file if the head of the family, 

 through physical incapacity or incarceration for crime. 

 Oregon Permitted to file. 



Amount of Land That May Be Entered. 



Settlers may take up 40, 80, 120 or 160 acres 160 

 acres being the maximum. Entries must be made in 

 legal subdivisions of 40 acres unless the subdivision should 

 be made to include a greater or less amount through 

 railroad or canal right of way or similar causes. 



One filing of a less amount than 160 acres may be 

 succeeded by other filings in the same state, or in others, 

 provided the maximum of 160 acres be not exceeded. 



EXCEPTION. Utah The statutes provide that "no 

 settler shall be entitled to make more than one entry." 



Filings Subsequent to the First Special Regulations. 



IdahoRegulations prohibit two or more entries at 

 the same time, upon the same project, and prescribe that 

 at least 60 days must elapse between applications by the 

 same party, for non-contiguous lands, upon the same 

 project; also, that, in case of a second entry, adjoining one 

 already "proven up" residence and the erection of a dwell- 

 ing be not required, provided the necessary amount of 

 cultivation (of the second entry) be shown. 



Lands Thrown Open to Public Entry When and How 

 Done. 



In all states (except Montana, Oregon and South Da- 

 kota -see exceptions below) the statutes provide, substan- 

 tially, that "upon withdrawal of land by the Department 

 of the Interior and the inauguration of work by the con- 

 tractor, it shall be the duty of the board of publication 

 (usually once each week for four weeks in one newspaper 

 in the county where land is situated, and in one news- 

 paper in the state capital) to give notice that the land, or 

 any part thereof, is open for settlement, the price at which 

 land will be sold and the contract price at which the set- 

 tlers may purchase water rights (shares in the works). 



The "Rules" of Idaho, Utah. Montana and New Mex- 

 ico provide, further, that "The lands may be thrown open 

 from time to time as the construction proceeds and ap- 

 plications received to enter lands by entrymen after notice 

 given," while the "Rules" of Idaho and Montana proceed, 

 further, to prescribe that, "the throwing open of lands 

 to entry or the approval of applications to entry, may, at 

 the discretion of the board, be deferred until satisfied that 

 water is actually available." 



