318 



THE IRRIGATION AGE. 



cultivation, improvement and reclamation have been com- 

 pleted. 



Upon proof of the residence, cultivation, improvement, and 

 reclamation required by the homestead and reclamation 

 laws, the parties in interest may, if so desired, exercise the 

 option of immediately paying all installments of the building 

 charges and the charges for operation and maintenance, where- 

 upon final certificate and patent will be issued. 



ADDITIONAL HOMESTEAD ENTRY WITHIN RECLAMA- 

 TION WITHDRAWAL. SEPTEMBER 27, 1908. 



The fact that lands are within a reclamation withdrawal 

 does not prevent additional entry thereof under section 2 of 

 the act of April 28, 1904, where farm units have not been 

 established and where the first original entry, to which the 

 additional entry must be contiguous was made subject to the 

 restrictions and conditions of the reclamation act, the com- 

 bined original and additional entry, however, being subject to 

 adjustment to a farm unit when established. 



DESERT LAND ENTRY EFFECT OF ASSIGNMENT 

 QUALIFICATIONS OF ASSIGNEE. BONE V. ROCK- 

 WOOD, OCTOBER 2, 1909. 



Where assignment is made of a desert land entry and 

 the assignee recognized by the General Land Office, the entry- 

 man or person making the assignment thereby parts with his 

 title to the land, even though it be subsequently shown upon 

 contest or investigation that the assignee is not qualified to 

 hold by assignment. 



The charge that the assignee of a desert land entry is 

 disqualified to take by assignment is sufficient basis for a 

 contest. 



HOMESTEAD CONTEST CHARGE OF INADAPTABILITY 

 OF LAND FOR AGRICULTURAL USE. DAVIS V. GIB- 

 SON, OCTOBER 14, 19O9. 



Land unadapted to any agricultural use is not subject to 

 entry under the homestead law; and an affidavit of contest in 

 effect charging such inadaptability is sufficient basis for a 

 hearing. 



RIGHT OF WAV POWER PURPOSES ACTS OF MARCH 

 3, 1891, MAY 11, 1898, AND FEBRUARY 15, 19O8. KERN 

 RIVER COMPANY, NOVEMBER 12, 1909. 



A right of way under the act of March 3, 1891, may be 

 acquired only by a company formed for the purpose of irriga- 

 tion; but a right of way secured under that act may, under 

 the act of May 11, 1908, be used for purposes of a public 

 nature as subsidiary to the main purpose of irrigation. 



A company organized chiefly for the purpose of generating 

 and distributing power is not within the purview of the act 

 of March 3, 1891, and where an application by such a company 

 for right of way under that act has been approved, for lands 

 now within a National Forest, the company may be per- 

 mitted to relinquish all right under such approval and amend 

 its application to bring it within the act of February 15, 1901, 

 failing to do which, action should be taken by the land de- 

 partment with a view to revocation of the approval. 



PUBLIC LANDS AGGREGATE AREA UNDER PUBLIC 

 LAND LAWS ACT OF AUGUST 30, 1890. TRENTHAM 

 V. COPENHAVER, NOVEMBER 13, 1909. 



The area embraced within a homestead entry relinquished 

 prior to the acquisition of title does not come within the 

 provision of the act of August 30, 1890, limiting the amount 

 of land that may be acquired by any one person under the 

 public land laws to 320 acres. 



RECLAMATION WITHDRAWAL PROTEST PAR. 6, 

 REGULATIONS JANUARY 19, 1909. NEW CASTLE 

 COMPANY v. ZANGANELLA, NOVEMBER 26, 1909. 



Paragraph 6 of the regulations of January 19, 1909, to 

 the effect that the prosecution of contests affecting lands 

 Included within a first-form withdrawal under the reclamation 

 act, out of which preferred rights of entry might arise, should 

 not be allowed, has no application to a protest by one claiming 

 under a placer location against a conflicting desert-land entry, 

 no question of preference right of entry being involved in 

 such proceeding. 



ENLARGED HOMESTEAD ACT FEBRUARY 19, 1909. IN- 

 STRUCTIONS OF DECEMBER 14, 1909. 



To Registers and Receivers United States Land Offices. 

 Colorado, Montana. Nevada, Oregon, Utah, Washington, Wy- 

 oming, Arizona and New Mexico. 



Copies of Circular of Instructions as to Entry of Lands 

 under this act may be secured free of charge, by application 

 to the "Commissioner of the General Land Office, Washington, 

 D. C." 



RECLAMATION WATER RIGHT CHARGES TRUCKEE- 

 CARSON PROJECT FIRST INSTALMENT JANUARY 

 10, 1910. 



Where an entry within the Truckee-Carson reclamation 

 project was made too late in the year 1907 to obtain any 

 benefit by the use of water for the crop season of that year, 

 the first instalment for water-right charges did not under the 

 instructions of May 6, 1907, considered in connection with the 

 instructions of August 5, 1904, become due until December 1, 

 1908. 



NOTICE OF PREFERENCE RIGHT LAND SUBJECT TO 

 HOMESTEAD ENTRY RELINQUISHMENT FOR CON- 

 SIDERATION SECOND HOMESTEAD. FINLEY V. 

 NESS, JANUARY 18, 1910. 



Where a successful contestant is notified of his preference 

 right of entry by registered mail, and the notice is received 

 by him, the preference-right period begins to run from that 

 date, excluding the day notice was received. 



The fact that land is covered with valuable timber does 

 not exclude it from entry under the homestead law, where of 

 such character that it would be suitable for agricultural use 

 if the timber were removed, but land of a character not 

 adaptable to any agricultural use is not subject to homestead 

 entry. 



A homestead entryman who executes a relinquishment and 

 places it in the hands of another, who disposes of it for a 

 valuable consideration, is disqualified to make second entry 

 under either the act of April 28, 1904, or the act of February 

 8, 1908, regardless of whether he actually received any part 

 of the consideration for which it was sold. 



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Books on Irrigation 

 and Drainage 



The Irrigation Age has established a book department 

 for the benefit of its readers. Any of the following 

 named books on Irrigation and Drainage will be for- 

 warded, postpaid, on receipt of price: 



Irrigation Institutions, Elwood Mead $1.25 



Irrigation Engineering, Herbert M. Wilson 4.00 



The Primer of Irrigation, Anderson a.OO 



Irrigation and Drainage, F. H. King 1.50 



Irrigation for Farm and Garden, Stewart 1.00 



Irrigating the Farm, Wilcox 8.00 



Practical Irrigation, Aug. J. Bowie 3.00 



Practical Design of Irrigation Works, W. G. Bligh 6.W 

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Brown 5.00 



Earth Slopes, Retaining Walls and Dams, Chas. 



Prelini 2.00 



Road Preservation and Dust Prevention, Wm. P. 



Judson 1.50 



Practical Farm Drainage, Chas. G. Elliott 1.50 



Drainage for Profit and Health, Waring 1.00 



Farm Drainage, French 1.00 



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Cement Pipe & Tile, Hanson i.oo 



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