158 



THE IREIGATION AGE. 



Oregon The statutes do not mention this subject, 

 but the contract before mentioned provides that "in case 

 any entryman shall fail to pay any installment of princi- 

 pal or interest for one year after it becomes due, then the 

 contract shall become void and all payments made shall 

 be forfeited to the company and the land shall be deemed 

 vacant and subject to sale." 



The statutes of Montana and South Dakota provide 

 also for forfeiture of the entryman's rights in case of de- 

 fault in payment of any unpaid balance due upon the land 

 for a period of one year after water is available. 



New Mexico Special provision is made for serving 

 thirty days' notice upon a settler failing to take up resi- 

 dence, to make proof, or to make payment to the territory 

 for lands, for the purpose of affording him a hearing, and 

 provide for his eviction by the sheriff upon cancellation of. 

 the entry, if so ordered by the board. 



Assignment of Entry. 



Idaho, Colorado, Utah, Montana, Oregon and New 

 Mexico The statutes provide as follows: "Assign- 

 ment of entry may be made but the assignee shall 

 possess all the qualifications of an original entryman and 

 shall file a certified copy of a proper deed of assignment 

 of all the rights of the original entryman, together with 

 evidence from the construction company of the transfer 

 of all the interests in the canal," together with an affidavit 

 as prescribed. It is to be borne in mind that the assign- 

 ment of entries up to 160 acres debars the assignor from 

 making any further entry under the Act. 



Wyoming Assignments of entry, as such, are not 

 permitted, but the entryman is privileged to relinquish his 

 entry to the state (forfeiting thereby his first payment of 

 25 cents per acre for the land, and to make a new filing 

 of up to 160 acres should he so desire). 



He may assign the credit for water charges already 

 paid up to a subsequent entryman or he may arrange with 

 the company for a refunding of payments already made. 



Leave of Absence Before Final Proof. 



Idaho, Wyoming, Montana. "An entryman may ob- 

 tain leave of absence upon application to the state board 

 but must in all respects conform to the law requiring 

 cultivation and reclamation." The maximum length of 

 time for which leave of absence may be granted is six 

 months. 



Utah. Absence is permitted, except during time notice 

 of intention to make proof is being published. 



Oregon. "Since annual proofs are not required, there 

 is no occasion for leave of absence." 



Character of House to be Built. 



Idaho. No final proof shall be accepted where the 

 entryman established residence in a tent or house covered 

 with canvas. 



Wyoming. Requires "a house that is habitable regard- 

 less of its character where entryman shows his good faith 

 by continuous residence. Final proof within a short 

 time would require the erection of a substantial house as 

 indicating the intention of the settler to make it his per- 

 manent home." 



Montana. No restrictions simply a dwelling. 



Oregon. No particular character required so long as 

 settler's affidavit states "that he has built a house." If 

 the alternative proof of 30 days' residence is made (rule 

 9-A see "Annual and Final Proof") then a substantial 

 house of at least four rooms is required. 



Cultivation of Entry by an Employe or Tenant. 



Idaho, Wyoming, Colorado, Utah. Montana, Oregon. 

 Actual cultivation by someone upon behalf of the entry- 

 man is permitted, provided that entryman, in person, con- 

 forms to the requirements as to settlement, residence and 

 proofs. 



Minimum Acreage Irrigable in a Legal Subdivision, to 

 Bring It Within a "Carey Act" Segregation." 



Idaho and Wyoming. "At least five acres out of each 

 forty acres must be susceptible to irrigation to permit 

 Carey Act entries thereon." It is to be assumed that the 

 same view of the situation will govern in the case of 

 the other states. 



Railroad Right of Way. 



Idaho and Wyoming. "Where railroad right of way 

 has been granted prior to the settler's final proof, a re- 

 bate for the acreage involved is allowed against the 

 water contract." 



Utah. "No rule but equity." 



Montana. No rebate allowed. 



In no case is a rebate allowed against the cost of the 

 land. 



Co-operative Associations Special Regulations in As- 

 sistance of. 



Montana. (Sec. 2266) and South Dakota (Sec. 12). 

 "Parties desiring state aid shall incorporate as a 'co- 

 operative irrigation association' for the reclamation, by 

 their own labor, of arid lands. Each member shall sub- 

 scribe to one share of stock for each 40 acre tract filed 

 upon. 



"After incorporating the association may apply to the 

 Carey Land Act Board f9r aid and it shall be the duty of 

 the state engineer to investigate the project, and, if 

 found feasible, prepare the maps and data required for 

 reserving the land, and, subsequently, to furnish the en- 

 gineering plans necessary, and to exercise general super- 

 visory control. 



"The board, upon the approval of the plans by the 

 state engineer, shall cause the lands to be segregated. 

 The association is required to pay the United States 

 Land Office fees, and a fee to the State Land Board of 

 $0.25 per acre. 



"When all, or any part, of the land has been reclaimed, 

 the board shall apply for patent for such all expenses 

 being borne by the association. 



"After water has been available for four seasons, the 

 association shall, on or before November 1st of such 

 fourth season, pay to the state, such additional amount, 

 not exceeding $1.00 per acre, as may have been agreed 

 upon prior to the reservation of the land, whereupon the 

 state shall issue deeds to each stockholder of the asso- 

 ciation, having settled upon the lands, for the amount of 

 land subscribed for, or the state may issue deed at any 

 time when the land is paid for the maximum in any case 

 being 160 acres to each settler." 



State Lands Coming Under Carey Act Projects. 



Idaho, Wyoming, Colorado, New Mexico. Lands be- 

 longing to the state, coming under Carey Act projects, 

 may be sold at auction to the highest bidder, when water 

 is available, upon application from intending purchasers, 

 such sales, however, being limited to a certain acreage 

 each year. The price of water rights for state lands is 

 $10.00 per acre, less than for other adjoining lands. 



Oregon. "State lands under Carey Act projects are 

 sold at same prices and terms as other state lands. Price 

 of water for such lands is a matter of contract between 

 state, company and settler." 



Wyoming. The statutes of 1909 authorize^ the land 

 board to appropriate "surplus Carey Act fees" for the 

 purchase of water rights or a proportionate interest in 

 lands and irrigation systems, for state lands, which lands 

 may be leased or sold. 



Montana. The statute of 1909 provides for "investi- 

 gation by the state engineer, of plans for irrigating state 

 lands." 



Utah. The general statutes provide for a so-called 

 "Reservoir Land Grant Fund," the proceeds of which are 

 to be used in storing water for state and other lands. The 

 federal "Carey Act" . (section 4) provides that "any sur- 

 plus of money derived by any state from the sale of 

 (.public) lands in excess of the cost of their reclamation 

 shall be held as a trust fund for, and be applied to, the 

 reclamation of other desert lands, in such state." 



Thus far the discussion has been of subjects which 

 have been defined by publishing statutory or departmental 

 regulations (with the exception of those bearing upon the 

 water itself, and its delivery). 



In the next paper I shall refer at length to the many 

 interesting phases of the subject of water and water rights 

 and to some other matters of interest to the settler which 

 belong to the realm of state legislation generally, such as 

 taxation, schools, roads, etc. 



(Continued on page 183.) 



