OCR Text |
Show DESERT LAND. A Letter from Commissioner Carter in lte-gard lte-gard to the Kxpenditures Before Patent can Issue. O.K. Davis, land attorney, has received the following letter from Commissioner Carter of the general land office, which will be of general interest throughout the terri. tory: Deimiitmext of the I.vtkiuoii. February J.l, ISO-!. O. F. Davis, Esq., Salt Lake City, Utah. Sir: In reply to your letter of January 30, 1S1I2. you are advised that Ike construction placed by this office upon so much ot the act of March 3rd, 1801, as requires the expenditure ex-penditure iu desert laud eases of one dollar per acre, per annum is, that such expenditures expendi-tures must be for such improvements as will tend to reclaim the land and render it sus-c sus-c ptible of successful cultivation, or for the purpose of securing a water right to irrigate the tract of laud. Buildings, etc., subsidiary to the irrigation, reclalmation and cultivation cultiva-tion of the land, would be accepted as part of the proposed improvements, but if the expenditure for that purpose should be considered, con-sidered, it could only be upon showing a rmrough reeiainiation of the land, in addi- t. n to the fencing and building. If a sum equivalent to one dollar per acre Is paid for a water right for the land entered during the first year, proof of that fact, will he satisfactory as to the lirst year's expenditure. expendi-ture. Respectfully, Tnos, H. OabTBB, Commissioner. The section to which reference is made Is section S of the act of March 3, 1881, which la as follows: That no land shall be patented to any per-sun per-sun under this act unless he or his assignors shall have expended in the necessary iiriga-tion, iiriga-tion, reclamation, and cultivation thereof, by means of main canals and branch ditches, and In permanent improvements upon the land, and in the purchase of water rights for the irrigation of the same, at least $:' per acre of the whole tract reclaimed and patented in the manner foliowin.;: Within one year of making entry of such tract of dtsert land as aforesaid the party so entering shall expend not leas than one dollar for the purpose aforesaid: and he shall in like manlier man-lier expend the sum of one dollar during the second and also during the third year thereafter, there-after, until the full sum of three dollars per acre is expended. Said party shall tile during dur-ing each year w ith the register proof, by the affidavit! of two or more credible witnesses, that the sum of one per acre has been expended ex-pended ill such necessary improvements during such year, and tin; manner in which expended, and at the expiration of the third year a map or plau showing the character and extent of such improvements. If any party who has made such application shall fail during any year to tile the tcsiimouy aloresaiil the lauds shall revert to the I'nited States, and the twenty-live cents advanced payment shall be forfeited to the United Slates, and tho entry shall be canceled. Nothing herein contained shall prevent a claimant from making his tlnal entry and receiving re-ceiving his patent at ID earlier date than hereinbefore prescribed, provided that he then makes the required proof of reclamation reclama-tion to the aggregate extent of three dollars dol-lars per acre: PrWtftftf, That proof be further required of the cultivation of one-eighth one-eighth of the land. |