72 LAWS APPLICABLE TO THE NATIONAL EOEESTS. 



DESERT-LAND LAWS. 



Act March 3, 1877 (19 Stat., 377). 



That it shall be lawful for any ciitzen of the United States, or any 

 person of requisite age " who may be entitled to become a citizen, 

 and who has filed his declaration to become such " ? and upon payment 

 of twenty-five cents per acre — to file a declaration under oath with 

 the register and the receiver of the land district in which any desert 

 land it situated, that he intends to reclaim a tract of desert land not 

 exceeding one section, 1 by conducting water upon the same, within 

 the period of three years 2 thereafter: Provided, however, That the 

 right to the use of water by the person so conducting the same, on 

 or to any tract of desert land of six hundred and forty acres shall 

 depend upon bona fide prior appropriation ; and such right shall not 

 exceed the amount of water actually appropriated, and necessarily 

 used for the purpose of irrigation and reclamation; and all surplus 

 water over and above such actual appropriation and use, together 

 with the water of all lakes, rivers, and other sources of water supply 

 upon the public lands, and not navigable, shall remain and be held 

 free for the appropriation and use of the public for irrigation, min- 

 ing, and manufacturing purposes subject to extisting rights. Said 

 declaration shall describe particularly said section of land if sur- 

 veyed, and, if unsurveyed, shall describe the same as nearly as pos- 

 sible without a survey. At any time within the period of three 

 years 2 after filing said declaration, upon making satisfactory proof 

 to the register and receiver of the reclamation of said tract of land 

 in the manner aforesaid, and upon the payment to the receiver of 

 the additional sum of one dollar per acre for a tract of land not ex- 

 ceeding six hundred and forty acres to any one person, a patent for 

 the same shall be issued to him: Provided, That no person shall be 

 permtted to enter more than one tract of land and not to exceed six 

 hundred and forty acres, which shall be in compact form. 



What are desert lands. 



Sec. 2. That all lands exclusive of timber lands and mineral lands 

 which will not, without irrigation, produce some agricultural crop, 

 shall be deemed desert land, within the meaning of this act. which 

 fact shall be ascertained by proof of two or more credible witnesses 

 under oath, whose affidavits shall be filed in the land office in which 

 said tract of land may be situated. 



Laws applicable only in certain States. 



Sec. 3. That this act shall only apply to and take effect in the 

 States of California, Oregon, and Nevada, and the Territories of 

 Washington, Idaho, Montana, Utah. Wyoming. Arizona, New Mex- 

 ico, and Dakota, and the determination of what may be considered 

 desert land shall be subject to the decision and regulation of the 

 Commissioner of the General Land Office. 



Act March 3, 1S91 (2G Stat, 1095), amending desert land laws. 



Sec. 2. That an act to provide for the sale of desert lands in certain 

 States and Territories, approved March third, eighteen hundred and 



1 Limited to 320 acres by act next following, section 7. 



2 Extended to four years by act next following, section 7. 



