THE IRRIGATION AGE. 



185 



IRRIGATION LAW IN PLAIN ENGLISH 



By Fulton H. Sears 



THE IRRIGATION AGE: 



What is the real meaning of this order by the 

 Secretary of the Interior in connection with the 



Milk River irrigation 

 ] project in Montana? 



"In order to provide 

 I for the relief of these 

 settlers who have made 

 homestead entries for 

 lands withdrawn under 

 the provisions of Sec. 3 

 of the Reclamation Act 

 of June 17, 1902 (32 

 Stat, 388), situated in 

 what is known as the 

 Chinook Division, Milk 

 River project, Montana, 

 west of Dodson dam, it 

 I is hereby ordered : 



"For all such lands 

 covered by existing un- 

 completed homestead entries the withdrawal under 

 the Reclamation Act will be revoked as to lands 

 held to be susceptible of irrigation to the end that 

 patent may issue upon proper compliance with the 

 general homestead laws ; provided, that the recla- 

 mation withdrawal will not be revoked as to any 



Fulton H. Sears 



such land until the entryman has become a member 

 of the Water Users' Association, and has executed 

 stock subscription and contract with the association 

 covering the land, which has been recorded ; and 

 provided further, that when water is made available 

 for the irrigation of the land the area for which any 

 one entryman or his successor in interest may hold 

 a water right under the project prior to full pay- 

 ment will be limited to 80 acres of irrigable land." 



This order means that those lands 'described, 

 \vhich no doubt have been filed upon in 160-acre 

 tracts before farm unit was established, are now 

 withdrawn from the operation of the Reclamation 

 Act of June 17, 1902. This will permit the entry- 

 man to make proof under the terms of the Home- 

 stead Act, and thereby acquire title to the full 160 

 acres. The proviso is that the entryman must join 

 the Water Users' Association and through this 

 means, payments for construction, operation and 

 maintenance may be collected. 



"Provided further, that water right can only be 

 acquired for 80 acres of irrigable land, for each 

 entry." 



This would allow entryman to acquire title to 

 80 acres upon which no water could be had until 

 after final payment or through assignment to some 

 other person. 



How this can be done in law is a serious prob- 

 lem, as stockholders, in most Water Users' Associa- 

 tions are limited to \Yater Users located within 

 the project. When this withdrawal is in effect, 

 they are without the project, and may acquire 



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