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Show AND, APROPOS OP WELLS. I advocate tho digging of wells in the desert des-ert because wo havo found water at loss than a hundred foot in southorn Tooclo Valley, and up comes tho question: "Supposo a man lakes up a quaj'tor-soclion or a wholo soction tho latter under Lho enlarged homesload law and finds wator on or "rather under tho land; finds it by digging, or by drilling. Can 'ho koop tho land?" Ho has acquired it undor .the assumption as-sumption thai it is dry land, dosert land. Now, if ho finds water, docs it not vitiato his Lille? Does ho loso his land just because ho has blest it? Can lie hold il only bocauso it lacks tho one essential of a human habitation? And directly in response to this question comes a letter from Sonator Smoot. The mailer mai-ler camo up because of a loiter writton to tho Sonator by Profossor Lowis A. Morrill, agricultural agri-cultural export, who preserves a kindly interest in tho mon who try to mako homos. They see lho valuo in throe hundred and twenty acres of land, if thoy can at any time and by any moans mako a homo of it. They don't want it if Lhoy can' I. This is Sonalor SmooL's loiter to Mr. Morrill: Washington, D. C, Juno 20, 1913 Mr. Lowis A. Morrill, Agricultural Export, Salt Lake Route, Salt Lake City, Ulah. I am in recoipl of your lottor of June lOlh advising mo lhal sublorranoan walor may bo found al a depth varying from 10 to 70 feet over a large -area of land classified as "Enlarged Homostead Lands," and inquiring if il would bo possible for Smoot Act entrymen on Ihese lands to prove up and secure patent if they should get water by pumps and put some of lho ground under irrigation. This question has been presontod to mo a number of times since tho passage of tho Smoot Act in 1909, as there havo been many cases whore entrymen have discovered moans of securing se-curing water after making entry, such source of water supply being unknown at the time the land was designated undor tho provisions of the Smoot Act and unknown lo tho ontrymon at the timo of enlry. The imporlanco of lho question prompted mo in March, 1910, to ask the Secretary Secre-tary of the Interior for a ruling to act as a procodont. I submilled to him a letter I had rocoivod from a resident of Salt Lake City, to base his ruling on. This resident had made entry undor the non-rosidonce seel ion (Soction (Soc-tion 0) of the Smoot Acl, and later had securod water in sufficient quantities for domestic purposes pur-poses by moans of a well. On May 25, 1910, tho Socrolary of Lho Inlorior replied lo my request for a ruling, which reply will bo found in full in 38 L. D. 68G. In his lottor the Secretary mado tho following sLalemonl: "While il is boliovod lhal a designation or classification of lands undor tho Smoot Acl involved is not necessarily conclusive, nevertheless, I am of lho opinion that whoro entry is made undor tho provisions of section sec-tion G, upon tho faith and in full reliance upon tho correctness of tho designation or classification should not thereafter bo modi-fiod modi-fiod lo the injury of any ono who in good faith has aolod upon such dosignation. Tho fact that certain ontrymon havo secured water upon lands so classified, would probably prob-ably conslituto a good reason for reexamination reexamina-tion of tho lands included within tho area designated, with a view to reclassification; such reclassification, howovor, it would seem, should bo restricted to lands whioh have not been entered upon tho faith of tho former classification." Tho Secretary's letter of May , 1910, was used as a precedent for tho decision in tho case of "Thoodoro Motl" 39 L. D. 33. In this decision it was stated: "By analogy to the foregoing, it is not believed after land has onco boon designated as coming within tho prov'sions of section 3 of tho onlargod homostoad act, and entry- ) has boon mado thereof on lho strength oX t such designation, that lho entry should thereafter be cancelled in tho absonco of 'a "-showing "-showing of bad faith, fraud, or failure to comply wilh law; certainly not tho mere physical possibility that the land is susceptible suscep-tible of irrigalion with a corresponding showing that such irrigation can be accomplished accomp-lished at a reasonable eoSt, as contemplated by the act. However as to lands that havo not boon ontored, tho effecl of tho cancelled dosignation may, and should, very properly apply." Prom the foregoing ruling and decision you will note that it depends entirely upon tho good faith of tho entryman whether or not his entry shall be cancelled if he socures wator aftor having hav-ing made his entry. In the absonco of bad faith and fraud, which would mean a knowledge that water could bo secured at tho timo entry was made, tho department has indicated by its decisions de-cisions that it will not cancel an entry upon which water has boon found after date of filinsr." Yours Very Truly, REED SMOOT All that being true, thore is inducement for mon to dig wells. Really, tho wholo problem of reclaiming tho desert goes back to that ques-lion. ques-lion. Tt is only interesting that tho point should 1 havo risen. The doctrine that a settler should lose his land for finding wator is a doctrine lo he discouraged. |