THE IRRIGATION AGE. 



311 



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 Comm., 18th Nat'l Irrigation Cong.) 



VI. 

 THE WATER Continued. 



General Summary of Regulations. 



Cost of Water Rights. 



The cost of water rights reflects in an unmistakable man- 

 ner the increasing use and needs of land in the arid and semi- 

 arid districts. 



The earlier projects, as a matter of course, were under- 

 taken in localities where the difficulties of bringing water to 

 the land were at their lowest. As the more easily available 

 land and water resources were appropriated, it became neces- 

 sary to go further for the water more expensive engineering 

 problems were encountered and greater expense of adminis- 

 tration entailed. On the earlier projects, in many cases, the 

 cost of water rights was fixed with insufficient knowledge of 

 the difficulties to be overcome and the cost of "rights" at times 

 was fixed too low. In some instances the Boards, subse- 

 quently, allowed an increase of lien. In Idaho, the earlier 

 projects were opened to entry at as little as $20.00 per acre 

 a price, today, absurdly low. Upon present day projects, in 

 Idaho and Wyoming, the cost of water rights ranges from 

 $40.00 to $65.00 per acre ; in Colorado, from $35.00 to $45.00 ; 

 in Utah, from $45.00 to $70.00 ; -in Montana, from $40.00 to 

 $50.00; in Oregon, $40.00 upon the only project having lands 

 open to entry. 



Terms of Payment for Shares. 



In all States the entire purchase price for shares may 

 be paid at time of entering into contract, or any unpaid bal- 

 ance may be paid at any time prior to date of last payment. 

 As a rule the annual payments are fixed at a low figure dur- 

 ing the first years of the contract, increasing in amgunt to- 

 wards the end of the periods. 



IDAHO Determined by State Land Board in contract 

 with constructing company from 1-10 to 1-12 down, balance 

 in from ten to twelve annual installments, with interest at 

 6 per cent. In case of delay in delivery of water, payments 

 are advanced in time according to such delay. 



WYOMING The statutes prescribe that, not to exceed 

 one-fourth of the contract price, may be demanded as first 

 payment company may accept less balance in from ten to 

 twelve years, with interest at 6 per cent. Same provision 

 for delay in delivery of water as in the case of Idaho. 



COLORADO -"Usually 10 to 12 years| time, with in- 

 terest at 6 per cent. Payments advanced in time according to 

 delay in delivery of water, if any." 



UTAH Ten to twelve annual payments. Interest at 6 

 percent. In case of delay in delivery of water, settler is obli- 

 gated to make payments as in contract provided, such pay- 

 ments to be held in escrow by the State Land Board. 



MONTANA From twelve to fifteen annual payments, 

 with interest at 6 per cent. Settler's first payment protected 

 by company's bond. (See "Protection of Settler's First Pay- 

 ment") 



OREGON One-fourth cash (or less at option of com- 

 pany) the balance in from three to seven annual install- 

 ments, with interest at 6 per cent. 



NEW MEXICO Payments to be made in not more than 

 ten annual installments with interest at 6 per cent. Settler 

 is obligated to make yearly payments, as in the contract pro- 

 vided, even though there be delay in delivery of water, 

 being protected by company's bond, which is increased each 

 year according to receipts from such yearly payments. 



In all cases where payments are not made when due. 

 the company, among other remedies, has the right to refuse 



the further delivery of water. (See "Forfeiture of Entry- 

 man s Rights and Redemption.") 



Maintenance Fee (Toll). 



The "maintenance fee," as its name indicates is the 



charge necessitated for the upkeep, or maintenance, of the ir- 



ation works. It is in every case, payable whether water is 



d or^ not. It is levied by the company operating the 



works,' whether the "constructing" company or the "operat- 

 ing company, and the payments are made to one or the other 

 as in the contract provided. The amount to be assessed 

 against each acre is stipulated in the contract, and cannot 

 be increased until control of the works passes into the hands 

 of the settlers, themselves. The company is obligated to pay 

 its pro rata share according to the amount of lands unsold 

 and if the amount specified be insufficient, the company must 

 make up the difference. This matter has been made the sub- 

 ject of special legislation, in some instances, vide Wyoming 

 Statutes 1909, Chapter 160, Section 5 "Companies (et al) 

 shall be authorized to levy such reasonable assessments for 

 the cost of operation as may be authorized by a majority of 

 the members of such companies or associations. Payments 



f such assessments shall be the necessary requisite for the 

 use of such (works) and in the event they remain unpaid 

 more than ten days after the date fixed such company (or 

 sthers) are authorized to close down any diverting device 

 used by such delinquent person until such assessments are 

 paid. etc. All contracts provide, also, that unpaid tolls shall 

 be a hen against the land and any interest in the system. 

 Maintenance fees vary as between different States, and ac- 

 cording to the nature of the works, and the ground passed 

 over. At the present time they are as follows, viz. : Idaho 

 35c to 80c per acre; Wyoming, 40c (maximum); Colorado 

 50c to $1.00; Utah, "not to exceed $1.00"; Montana, 40c to 

 $1.00; Oregon, 80c to $1.25, "based upon actual number of 

 acres irrigated." 



Notice to Settlers That Water Is Ready for Delivery- 

 How Served. 



IDAHO Notice published in one newspaper in county 

 in which land is situated. Companies, at their option, may 

 serve notice by mail. "Regulations" provide, also, that com- 

 pany must furnish a list of lands for which water is actually 

 available to the Land Board for approval, before giving notice 

 to the entryman that water is ready for delivery. 



WYOMING Notice by newspaper publication and by 

 mail. 



COLORADO Notice by registered mail. 

 UTAH By publication and by mail. 

 MONTANA By publication and bv mail 

 OREGON By mail. 



NEW MEXICO By newspaper publication during four 

 weeks in the county in which land is located. 



Rebate of Water Charge Where Part of Entry Is Non- 

 Irrigable, or Is Appropriated for Non- 

 Agricultural Purposes. 



When parts of entry cannot be reached by gravity flow 

 of water, or are absorbed by company's ditches (See "Right 

 of Way") in some cases, also, where railroad or wagon 

 road, right of way, or right of way for other public enter- 

 prises, is appropriated, the State Land Boards have, so far 

 as the question has assumed tangible proportions, either estab- 

 lished definite rules governing the payment of water charges 

 for such non-irrigable portions, or are disposed to judge each 

 case upon its merits. So far as statements made by the Land 

 Board officials justify expression and in the absence of 

 Statutory "Carey Act" provision (disregarding other State 

 Statutes) the practice in the various States may be described 

 as follows, always bearing in mind the important fact that 

 lands appropriated for canals or roads may not call for a re- 

 bate this question being determined in every instance by the 

 contract with the State. Lands too high to be reached by 

 gravity flow are usually regarded, without question, as calling 

 for rebate of water charges, as below specified. 



IDAHO Company permitted to charge for exact acreage 

 irrigable only. The custom is to make contracts for the en- 

 tire legal subdivision entered, and then to allow the rebate. 



WYOMING Five acres out of each entry is the maxi- 

 mum amount of non-irrigable land allowed without rebate. 

 If the tract comprises only 40 acres, the settler is assumed 



