THE IEEIGATION AGE. 



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.) 



V. 

 THE WATER CONTINUED. 



GENERAL SUMMARY OF REGULATIONS. 



Initiation and Completion of Work by Company. 



IDAHO Sections 1615-1623 (Typical of all States). "In 

 the case of incorporated companies, the proposal shall state 

 the name of the company, the purpose of its incorporation, 

 the names and places of residence of its officers, and the 

 amount of its authorized, and paid-up, capital stock." 



"If the applicant is not an incorporated company, the pro- 

 posal shall set forth the name of the parties, and such other 

 facts as will enable the board to determine their financial 

 ability to carry out the proposed undertaking." 



IDAHO Sections 1621-1623 NEW MEXICO, Sections 

 13 and 14. "No contract shall be made which requires a greater 

 time than five years for the construction of the work, work 

 shall be begun within six months from date of contract, 

 at least one-tenth to be completed within two years, con- 

 struction to be diligently pursued to completion (as per terms 

 of contract) cessation of work for a period of six months, 

 after the second year, will forfeit to the State all rights under 

 the contract. Upon failure to begin, or to complete, the 

 work, within the period specified, or to conform to specifica- 

 tions, it shall be the duty of the State to give such parties 

 written notice of such failure, and if, after a further period 

 of sixty days from date of such notice (unless good reason be 

 shown for such failure), the bond, and all work performed, 

 shall, at once, be forfeited to the State, and the State shall, 

 once each week, for four weeks, by publication, give notice 

 of the forfeiture of the contract, and that, upon a day fixed, 

 proposals will be received for the purchase of the uncom- 

 pleted works, and for the completion of the contract. The 

 money received from such sale shall first be applied against 

 expense incurred by the State, and towards satisfying the 

 bond, and the surplus, if any, shall be paid to the original 

 contractor." 



Contractor's bond is fixed at five per cent of the estimated 

 cost of the works. 



WYOMING Sections 947 (amended) and 948, provide 

 substantially the same as the Idaho statutes, except that one- 

 tenth of the work must be completed within one year one- 

 third within two years, and that a cessation of work for a 

 period of ninety days, from May 1st to December 1st, inclu- 

 sive, after the second year, will operate toward forfeiture, 

 also, that the Board may, at its discretion, accept from the 

 contractor, a full release of all his rights under the contract, 

 and may, thereupon, abrogate the agreement and enter into 

 a new contract with other parties for the completion of 

 the work. 



Bond (Section 946). Fixed at five per cent of the esti- 

 mated cost of works. 



COLORADO No statutory provision ; limitations of time 

 fixed at the discretion of the Land Board and incorporated in 

 the contract with the State. Surety bond in the amount of at 

 least 25 per cent of the cost of construction required. 



UTAH Sections 2379-2380 (amended) and 2381. "Work 

 to be begun within six months from date of contract con- 

 struction shall be diligently prosecuted to completion. Cessa- 

 tion of work for six months shall work a forfeiture of all 

 rights and of bond (saving the rights and property which 

 may have vested in the contractor at time of application), 

 after sixty days' notice by the State. The Land Board shall 

 bring legal action toward these ends, and, thereafter, shall 

 advertise for proposals to complete the work, and, at its dis- 



cretion, shall contract with a bidder, who will pay the original 

 contractor the highest sum for the works and who will com- 

 plete them at the original price. If no bid be received upon 

 the terms specified, in the original contract, the Board shall 

 bring action for recovery of the bond." Bond fixed at five 

 per cent of estimated cost of works, but in no case to exceed 

 $50,000. 



MONTANA Section 2263. South Dakota Section 9. 

 "No contract to be entered into which requires more 

 than five years to complete all such work to be begun within 

 one year. Upon failure to begin or to complete work within 

 the contract period, or upon cessation of work for six months, 

 after the second year, and after sixty days' written notice, 

 by the State Land Board, the bond and the contract (in so far 

 as it relates to any land not settled upon or reclaimed), shall 

 be declared forfeited." "The Attorney General may institute 

 or defend any suits necessary in this procedure." "Bonds 

 fixed for faithful performance in such amount and with such 

 sureties as the Board may require." 



OREGON Sections 4 and r, Act of 1901, provide sub- 

 stantially the same as the Statutes of Idaho, excepting that 

 one-tenth of the work is to be completed within the first year, 

 and that forfeiture is provided for "failure to begin or com- 

 plete same within the contract period," while the right of 

 appeal from the decision of the Board is guaranteed the con- 

 tractor." Bond is fixed by the Statute of 1909 (Sec. 7, chap- 

 ter 226), at "not less than two per cent of the lien allowed." 

 "The State may also require a cash deposit at the time of 

 settler's application for entry, for further protection of the 

 settler." 



NEVADA "No contract shall be entered into requiring 

 more than three years to complete. Work to be begun within 

 three months, and one-tenth to be completed within one 

 year." 



Cessation of work for three months (except during 

 the period from December 1st to March 1st, inclusive), shall 

 work a forfeiture. 



The periods of time herein specified represent the maxi- 

 mum and minimum limits prescribed by the statutes, within 

 which contract obligations are confined, but they do not in- 

 dicate that the contracting parties may not agree upon longer 

 or shorter periods, respectively, within such limits. In many 

 contracts the companies are bound to institute and complete 

 work within periods of time shorter than those prescribed by 

 statute. 



Right of Way for Company's Canals and Laterals 



FEDERAL STATUTE Under the Federal Act of March 

 3, 1891 Sections 18 to 21 it is provided that the right of way 

 through the public lands and reservations be granted to any 

 canal or ditch company, individual or associations of indi- 

 viduals, formed for the purpose of irrigation "to the extent 

 of the grounds occupied by the water of the reservoir aqd of 

 the canal and its laterals and 50 feet on each side thereof." 

 "Thereafter all such lands over which rights of way shall 

 pass shall be disposed of subject to such rights of way." The 

 limitation of time for completion of these works is fixed at 

 five years. 



The Act of February 15, 1901, extends this right to in- 

 clude electrical and telephone and telegraph plants and wires. 



STATE STATUTES AND REGULATIONS. 

 IDAHO Section 1630; WYOMING Section 963 ; COLO- 

 RADO Section 20; UTAH Section 2387; MONTANA 

 Section 2274; SOUTH DAKOTA Section 20; OREGON 

 Contract with company; NEW MEXICO Section 22. "The 

 maps of the lands selected in the office of the Board shall show 

 the location of the canals or other irrigation works, and all 

 lands filed upon shall be subject to the right-of-way of such 

 canals or irrigation works, to embrace the entire width of the 

 canals and such additional width as may be required for its 

 proper operation and maintenance as may be specified in 

 the contract." 



Right of Eminent Domain . for Canals (and Public 

 Enterprises). 



(Provided in "Irrigation Statutes" of all States.) 



The Statutes of Montana (2275) and South Dakota (21) 

 prescribe that this right may be exercised by any person, asso- 

 ciation or corporation entering into contract with the State 

 to condemn any property subject to condemnation as provided 

 by the Code of Civil Procedure for Right-of-Way. The 

 amount of land that can be appropriated is, in some cases, 

 limited by statute. 



