AZ vs. CA:19 California Exhibits, Vol. XIX; Nos. 4000-4044

page III-17

Desert Land Entry: Water Right Although the California law is not clear as to the rights of desert land entrymen to the use of percolating water underlying the entered land, there is sufficient support for the position that desert land entrymen do have appropriative rights and that such rights satisfy the requirements of the Desert Land Act so that the Department will not reject applications for desert land entry as a matter of law for the reason that the applicants intend to use percolating water for the reclamation of the entries. Solicitor's Opinion M-36378 (January 19, 1956) overruled to extent inconsistent. APPEAL FROM THE BUREAU OP LAND MANAGEMENT Ruby E. Huffman, Prances Torres, and Beulah Mae Choquette, each of whom filed an application to enter land in California under the Desert Land Act (43 U.S.C., 1952 ed., sec. 321 et seq.), have appealed to the Secretary of the Interior from a decision by the Acting Director of the Bureau of Land Management dated April 2, 1956, wherein the Acting Director vacated a former Bureau decision dated February 21, 1956. The decision of February 21, 1956, had affirmed the action of the District Range Manager, Bakersfleld, California, in canceling in part the grazing lease (Los Angeles 089305) of Sidney Lee Smith in order that the applications of the appellants and others to make desert land entries on the land might be allowed. It held that the land 111-17