THE IRRIGATION AGE. 



157 



THE CAREY ACT 



IOW 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. Bohra, Cleveland and Chicago. 

 (Member Executive Comm., 18th Nat'l Irrigation Cong.) 





III.* 



Classification and Appraisal of Lands Leasing and Tem- 

 porary Occupation of Lands. 



Montana and South Dakota The statutes provide that 

 "the board shall cause to be classified all lands received 

 under the Act," and shall "sell or lease any or all of the 

 lands required by the state under the Act," the price and 

 terms to be fixed by the board according to such classifi- 

 cation, "provided the selling price be not less than 50 

 cents nor more than $2.50 per acre." Specific mention is 

 also made in the requirements for proposals for reclama- 

 tion, where among other recitals the company is to state 

 that "perpetual water rights will be sold or leased to set- 

 tlers." etc. The statutes of both states provide, also, that 

 "For the purpose of expediting the settlement of any 

 lands the board may permit such lands to be improved, 

 occupied, and cultivated, for limited periods; provided, 

 however, that such occupancy shall not preclude any per- 

 son desiring to settle, from doing so at any time." 



State Applies to United States for Patent on Lands. 



The federal statute provides that "when an ample sup- 

 ply of water is furnished ... to reclaim a particular 

 tract or tracts of such lands, then patent shall issue to 

 such state without regard to settlement or cultivation." 



"Before this will be done the state must furnish 

 proof of such supply of water," and the practice in the 

 past as to making application for U. S. patent has varied. 



Idaho, Wyoming, Colorado and New Mexico The 

 statutes and regulations provide that, after the settler's 

 final proof, application is to be made for patent for the 

 land embraced in his entry, and that upon receipt of same 

 the_ state will issue a patent to the settler, and these states 

 (with the exception of Idaho) provide also as below, viz.: 



Wyoming, Colorado, New Mexico (also Oregon and 

 Montana) provide that when proof of reclamation of all 

 or a considerable part, of a tract by the contractor is fur- 

 nished, the board shall apply for patent for the lands with- 

 out regards to settlement and cultivation. Montana estab- 

 lishes a minimum of 2,000 acres to be applied for. Idaho 

 provides, instead, that "if any of the lands shall remain un- 

 entered for two years from date of completion of work, 

 the state shall apply for a patent, and when issued shall, 

 upon application, issue patent to the construction com- 

 pany, upon payment for the lands." 



Upon inquiry of the states directly affected at present, 

 it is ascertained that the practice, heretofore, in Idaho, 

 Colorado and Utah has been to make application for U. S. 

 patent only as final proofs are offered. In Wyoming the 

 board applies for a patent "as soon as the canal is ready 

 to deliver water for any or all portions of the segregated 

 tract and frequently before any large portion of the land 

 has been filed upon or reclaimed," the same practice pre- 

 vailing in Oregon. 



In Montana "U. S. patent comes to the state in a 

 lump, including a large per cent, or, possibly, all of it." 



Price of Land and Payments for Such. 



Idaho. Wyoming, Colorado, Utah and New Mexico, 



"In the third of his series of articles on the Carey Act, Mr Bohm 

 ntinues his explanation of the regulations as adopted by the various 

 ates. but which are of interest to prospective entrymen. Compre- 

 nsive in its scope, and relating to matters that are of vital importance, 

 readers may find it profitable to refer to the second paper which ap- 

 peared in the January issue of the AGE, and to which the third article 

 bears a close relation. 



50 cents per acre, payable 25 cents per acre at time of 

 filing, and twenty-five cents when final proof is offered. 



Montana and South Dakota statutes provide for the 

 appraisal of land (as previously referred to) and for the 

 payment of 25 cents per acre at time of filing. 



Oregon The statutes adopted in 1909, section 13, provide 

 that "each application shall be accompanied by a payment 

 of not less than $1.00 per acre, to be made by the con- 

 tractor out of the applicant's first payment and to be re- 

 turned if the application be not approved. In the contract 

 between this state and the only company having lands 

 open for entry it is provided that the company may charge 

 $2.50 per acre, for "waste land," i. e., non-irrigable land, and 

 "$40.00 for water rights for irrigable land." 



Montana The regulations of this state provide for a 

 maximum price of $1.00 per acre and "the payment in full 

 at time of making application." 



In neither Montana nor South Dakota is the payment 

 of any balance at time of final proof referred to in fact, 

 South Dakota statutes make no provision for final proof 

 but the statutes of both states provide that "after the 

 state has received a patent and purchaser has made full 

 payment for the land, the state will execute a deed for it." 

 Water Right Becomes Appurtenant to Land. 



In all states when patent issues from the United 

 States to the states. 



Forfeiture and Redemption of Entryman's Rights. 



In all states (except Montana and South Dakota) by 

 statutory provision as follows, viz.: 



Failure to take up residence. 



Failure to submit annual and final proof. 



Failure to make payments for water rights as they 

 become due. 



Idaho, Wyoming and New Mexico The statutes pro- 

 vide as follows, viz.: 



Upon default of deferred payments the company may 

 foreclose and sell land and water rights, according to 

 the terms of the contract, by advertisement in a news- 

 paper in the county for six weeks. Both are to be sold to 

 the highest bidder at the county court house, or other 

 place mentioned in the contract, by the sheriff. The "com- 

 pany" is prohibited from bidding in the property at a 

 greater price than the amount due on said deferred pay- 

 ments and costs of sale. 



Within nine months after foreclosure sale the original 

 owner may apply to the purchaser to redeem the land, 

 and the purchaser shall assign the certificate of sale to 

 him upon payment of the amount of lien for which sold, 

 together with costs and interest. 



If the lien holder becomes the purchaser and the 

 property is not redeemed by the original owner within 

 nine months, anv intending settler may apply to the pur- 

 chaser within three months after the expiration of the 

 aforesaid nine months to redeem the property and have 

 the certificate of sale assigned to him, upon payment of 

 the amount of the lien for which sold, with interest and 

 costs, the sheriff making the proper entries for record in 

 either case. 



If the nroperty is not purchased by the lien holder, 

 the sheriff is to first pay the lien holder, out of the pro- 

 ceeds of the sale, the amount of the lien, together with all 

 costs and interest, and then to pav any balance remaining 

 to the person against whom the lien has been foreclosed, 

 after deducting his fees. 



Colorado The statutes provide that after the original 

 foreclosure sale "the sheriff shall execute a certificate of 

 sale, as in case of a sale of an execution, subject in all re- 

 spects to redemption as in such case." 



Utah The statutes provide that the "lien may be fore- 

 closed according to contract as mortgages are foreclosed," 

 and that they "may be redeemed within one year with 

 interest at not to exceed twelve per cent." 



Montana and South Dakota The statutes provide the 

 same as those of Idaho, except that the period for redemp- 

 tion is twelve months instead of nine, and the rate of 

 interest is fixed at ten per cent, and provide, further, 

 that the holder of a deed who may be required to trans- 

 fer the property to an intending settler shall have the right 

 to remove any crops growing on the land at the time. 





