398 



THE IRRIGATION AGE. 



Get a Home in 



WYOMING 



The Richest State in the West 



RICH in high grade coal veins from six to thirty 

 feet thick, now being developed in all parts of the 

 State. RICH in high grade oil and natural g'as 

 now being developed at Byron and Greybull. 

 Natural gas piped to Greybull and Basin City ; 

 new oil refinery at Cowley. RICH in high grade 

 iron ore, so accessible that trains are loaded with 

 steam shovel, direct from the mines. RICH in 

 copper, gold, silver, lead, mica, sulphur, and 

 asphalt that is now attracting capital from all 

 parts of the world. RICH in timber, stone and 

 cement material, for building purposes; in water 

 power for factories; in hunting and fishing for 

 the sportsman; in beautiful scenery, unsurpassed 

 in any country. 



Rich in Opportunity for 

 the Farmer 



In the midst of these great natural resources, you 

 can take a homestead irrigated by the Govern- 

 ment, paying actual cost of water in ten yearly 

 payments without interest, or buy irrigated land 

 from the State under the Carey Act on long time 

 payments, only 30 days' residence required ; or 

 buy deeded irrigated farms at reasonable prices ; 

 or you can take a 320-acre free homestead under 

 the Mondell Act, where Dry Farming is already 

 successful. 



GET CLOSE TO A NEW TOWN 

 AND THE NEW RAILROAD 



You can do this here, for the Burlington Route is building 

 a new main line right through the Big Horn Basin, the 

 heart of this richest undeveloped country in the West, 

 with new towns springing up like magic every few miles. 

 This means splendid transportation facilities, fine busi- 

 ness openings in the towns and big future values to 

 these farms. History is sure to repeat itself and 

 thesa farms that may now be had for a mere 

 trifle of their actual value will soon make 

 their future owners rich. No one farmer, mer- 

 chant or investor looking for home or in- 

 vestment, can afford to overlook the grand 

 opportunities of this new country. 



C_Jem 

 Deaver 

 187 Q 

 Bid*. 

 Omaha, Neb. 



Please send me specially pre- 

 pared Wyoming literature. 



Specially Prepared Literature describ- 

 ing the various resources of Wy- 

 oming, sent free. Write or fill 



out and mail attached Coupon. 

 Do it today. 



Nam 



A ddress 

 Cut out this Coupon and mall TO-DAY 



D. CLEM DEAVER 



Gen'l Art., Burlington Route 

 Landseekers* Information 

 Bureau. 187 Buildlnz 

 Omaha, Neb. 



6099 



When writing to advertisers 



(Continued from page 396.) 

 FORFEITURE OF IRRIGATION RIGHTS. 



Where a grantee of public land for an irrigation reservoir 

 site failed to complete his improvement for five years, as 

 required by Act Cong. March 3, 1891, c. 561, 26 Stat. 1095 

 (U. S. Comp. St. 1901, p. 1535), so that the same was sub- 

 ject to forfeiture under section 20, it was not necessary to 

 the enforcement of a forfeiture that it should be first declared 

 by act of Congress, but a forfeiture could be enforced by the 

 executive in judicial proceedings. United States v. Whitney. 

 U. S. Circuit Court, District of Idaho. 176 Federal 593. 



RECLAMATION LANDS NOT R. R. RIGHT OF WAY. 



Lands within a reservation withdrawn under the re- 

 clamation act (Act June 17, 1902, c. 1093, 32 Stat. 388 [U. S. 

 Comp. St. Supp. 1909, p. 596] ) for the furtherance of an irri- 

 gation project and resting under valid, subsisting homestead 

 filings are no longer "public lands," and are therefore ex- 

 emmpt from the operation of the railroad right of way act 

 (Act March 3, 1875, c. 152, 18 Stat. 482 [U. S. Comp. St. 

 1901, p. 1568]), granting to railroad companies rights of way 

 through the public lands of the United States. United States 

 v. Minidoka & S. W. R. Co. U. S. Circuit Court, District 

 of Idaho. 176 Federal 762. 

 JUNIOR AND SENIOR APPROPRIATIONS. 



Where a person has the first priority on a stream, taking 

 water out at the lowest point therein, it is not necessary that 

 junior appropriators up the stream must, at all times and 

 under all conditions, let sufficient water flow past their head- 

 gates to supply that priority, though the senior appropriators 

 may lawfully demand that he have at his headgate suffi- 

 cient water for his present needs, but if that result is ob- 

 tained through return waters after first use by the junior 

 appropriators up the stream, the senior appropriator cannot 

 complain. Vogel v. Minnesota Canal & Reservoir Co. Su- 

 preme Court of Colorado. 107 Pacific 1108. 

 FORFEITURE OF RESERVOIR SITES. 



Act Cong. March 3, 1891, c. 561, 26 Stat. 1095 (U. S. 

 Comp. St. 1901, p. 1535), authorizing the grant of public land 

 for reservoir sites, section 20 provides that, if any section 

 of the canal shall not be completed within five years after 

 location, the rights granted shall be forfeited as to any un- 

 complete section of the canal, ditch or reservoir. Held, that 

 such requirement being in the nature of a condition subse- 

 quent, a failure to comply did not ipso facto operate to divest 

 the grantee of title and revest it in the government, but that, 

 to be effectual, the default must be followed by a declaration 

 of forfeiture by some competent authority, and, the grant be- 

 ing of a public nature, the declaration can only be by act of 

 Congress or in an appropriate judicial proceeding. -United 

 States v. Whitney. U. S. Circuit Court, District of Idaho. 

 176 Federal 593. 

 CONTRACT TO SUPPLY WATER. 



Under a contract by which a stream of water measuring 

 four cubic feet per second of time flowing through a canal 

 was to be supplied, and, if needed between certain dates each 

 year, the water was to be supplied from such water as could 

 be lawfully got in the canal or in a reservoir, the maximum 

 quantity to be drawn from the reservoir not to exceed one 

 twenty-fifth part of the total amount of water that would 

 be in the reservoir each year, where the water which could 

 be lawfully got in the reservoir was that which came to the 

 headgate of a certain ditch, and the water which could be 

 lawfully got into the canal was the accretions and seepage 

 from the reservoir and a river, the maximum quantity to be 

 drawn from the water coming to the headgate of the ditch 

 could not exceed one twenty-fifth part of such water. Great 

 Western Sugar Co. v. White. Supreme Court of Colorado. 

 108 Pacific 156. 

 RECLAMATION ACT. 



Reclamation Act June 17, 1902, c. 1093, 4, 32 Stat. 

 389 (U. S. Comp. St. Supp. 1909, p. 598), provides for the 

 establishment of reclamation projects to be paid for by entry- 

 men of the land, and section 6 authorizes and directs the 

 Secretary of the Interior to use the reclamation fund for the 

 operation and maintenance of reservoirs and works con- 

 structed under the act, provided that, when the payments are 

 made for the major portion of the lands irrigated from the 

 waters of any of the works, then the management and opera- 

 tion thereof shall pass to the owners of the land to be main- 

 tained at their expense, provided that the title shall remain 



please mention The Irrigation Age. 



