126 



THE IRRIGATION AGE. 



EXCEPTIONS. Montana and South Dakota The 

 statutes provide that "Any person qualified may make ap- 

 plications at any time after the land has been classified." 



South Dakota has inserted a further provision savor- 

 ing strongly of the federal laws upon homestead settle- 

 ment: "The claimant first settling shall have prior right 

 to enter the land; provided, however, that, if any claimant 

 shall fail, within 60 days after his settlement (upon classi- 

 fied land), or within 60 days after classification (if not 

 classified when settled upon), to file his application to 

 enter, and to make the necessary payments, his claim will 

 be forfeited and shall be awarded to the next settler." 



Oregon The statutes provide that no land shall be 

 open to entry until water supply is assured and the regula- 

 tions provide (Rule 26. Sales Contract with State) : 

 "No water rights can be sold until the works have been 

 constructed to insure a water supply satisfactory, and the 

 company directed by the board to proceed with such sales. 

 Any land so open for entry and sale shall be subject to 

 entry by application to the company." While Rule 15 

 provides that "no one shall enter until he has first entered 

 into contract with the company for water rights." 



The usual method of throwing lands open is by a 

 drawing, under the supervision of the state authorities. 



Applications for Entry Approval of Entry. 



In all states applications are required to be made out 

 upon special blank forms, setting forth that the applica- 

 tion is made "for the purpose of actual reclamation, cul- 

 tivation and settlement that the applicant has never re- 

 ceived the benefits of the Act to an amount greater than 

 160 acres (including the amount specified in the applica- 

 tion)." Such application must be accompanied by a cer- 

 tified copy of a contract for a perpetual water right, stat- 

 ing (with date) what entries, if any, have been previously 

 made by the entryman. 



"The board shall file the application and other papers 

 and, if allowed, issue a certificate of location to the appli- 

 cant. Al! applications shall be accompanied by a first 

 payment of 25c per acre for the land to be refunded in 

 case the application is not allowed." 



EXCEPTIONS. Oregon Statutes of 1909: Each 

 application must be accompanied by a payment of not less 

 than $1.00 per acre to be made by contractor out of the 

 applicant's first payment and to be returned if the applica- 

 tion be not approved. 



Wyoming, Utah, South Dakota and Montana pro- 

 vide, further, that where the company fails to furnish 

 water under its contract, "the state shall refund to the 

 settler all payments made to it." 



All applications must be subscribed and sworn to be- 

 fore any officer having a seal and authorized to adminis- 

 ter oaths. (The officer need not furnish certificate of his 

 authority.) The filing fee exacted by all the states to ac- 

 company the application is $1.00. 



New Mexico statutes also provide that "whenever 

 land filed upon under the homestead or desert land acts 

 lies under and is susceptible to irrigation under any pro- 

 posed Carey Act project, such land may, with the ap- 

 proval of the federal land office, be relinquished back to 

 the government, and be re-entered under Carey Act pro- 

 visions, and the board will allow the entryman the first 

 right to file upon such land as it becomes available for 

 entry." 



In some of the states the company is permitted to 

 exercise its discretion as to whether applicants are quali- 

 fied to meet the required payment for water rights. 



Some of the states also provide for the appointment 

 of a representative of the board in the county wherein 

 the lands are situated, before whom applications may be 

 made. The usual method is to forward the applications 

 to the company, which then files it with the board. This 

 method is obligatory in Montana and Oregon. In most 

 states the filing can be made by an attorney-in-fact, while 

 in Wyoming, applications may be mailed to the commis- 

 sioner of public lands, if accompanied by contracts and 

 payments. This method, of course, cannot be pursued at. 

 drawings, where the presence of the settler, or of an at- 

 torney, or locator, is absolutely essential for a quick de- 

 cision as to choice of lands. Where filings are made by 

 an attorney-in-fact the settler is not required to leave his 



home until within the statutory period after water Js 

 ready for delivery. In Montana all applications must be 

 presented in person. 



Protection of Settler's First Payment Escrow and Com- 

 pany Bond. 



All States Company required to give penal bond in 

 varying amounts "to secure the completion and execution 

 of their contract." 



New Mexico requires in addition (Rule 6) that "The 

 company shall give a bond, conditional for the return of 

 any money paid by settlers in case of abandonment or 

 failure to perform its contract with the settler." 



Montana provides that, "in every case where the com- 

 pany shall contract for the sale of water rights, prior to 

 reclamation, it shall furnish additional bond, conditioned 

 that unless water shall be available upon a date fixed by 

 the board, all moneys paid by purchasers shall be returned 

 with interest upon demand, after such date." 



Idaho, Wyoming, Colorado and Utah provide that in 

 all such cases the first payments and all papers shall be 

 deposited in escrow with the board or with some trust 

 company named by it under an agreement to refund the 

 moneys to the settlers in case of failure of the company 

 to complete its contracts. 



The most obvious argument in favor of filings prior 

 to reclamation is that it enables those applying first to 

 secure the most desirable tracts and to prepare the land 

 for reclamation and irrigation in advance of the comple- 

 tion of the canal, enabling them to make final proof and 

 to receive patent in the minimum space of time. 



Residence When to be Established Annual and Final 

 Proof. 



Idaho, Colorado, Utah, Montana and Wyoming The 

 applicant (with his family; if married) must establish resi- 

 dence within six months after notice that water is avail- 

 able, and within one year after such notice must cultivate 

 and reclaim at least one-sixteenth of the entry, within two 

 years not less than one-eighth of the entry, and within 

 three years the settler must make "Final Proof" of rec- 

 lamation, occupation and settlement or such final proof 

 may be offered (at any time after one-eighth of the entry 

 has been cultivated) at any time before the expiration of 

 three years. 



All of these affidavits are required to be sworn to be- 

 fore the secretary of the board or a designated repre- 

 sentative of the board, and must be supported by the evi- 

 dence of two witnesses; affidavit of the non-character of 

 the land must be made at time of final proof, also support- 

 ed by the evidence of two witnesses (this is required in 

 all states). 



"The entryman shall give notice of his intention to 

 make final proof by publication in a newspaper in thr 

 county wherein his entry is located during the four weeks 

 preceding the date set for making such proof." After 

 final proof a certificate is given him by the official taking 

 the proof which, in effect, is the same as a warranty deed. 

 A duplicate of this certificate, together with the affidavits, 

 are forwarded to the board and, if found correct and ar>- 

 proved, a patent from the state is issued to the settler 

 provided the state has already received title from the fed- 

 eral government; if not, then the proofs are forwarded to 

 the Department of the Interior, with the request that pat- 

 ent be issued to the state, upon the receipt of which the 

 state issues patent to the settler. 



Final proof must be accompanied by the unpaid bal- 

 ance of the purchase price of the land (25 cents per acre). 



EXCEPTIONS. Wyoming Entryman permitted to 

 defer settlement upon condition that he make final proof 

 within 1 year after notice of water showing reclamation of 

 one-half of the land and continuous residence within the 

 thirty days immediately preceding such proof; the statutes 

 of Wyoming also provide that any qualified person having 

 resided in the state three years, continuously, may enter 

 land in the vicinity of his residence, and secure '.itle by 

 cultivation merely, and without the need of residence. 



Final certificates are not issued in Wyoming but, in 

 lieu thereof, the settler is given a receipt for his final 

 payment. 



New Mexico "Within one year after notice of water 

 (Continued on page 135.) 



