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Show DEPARTMENT OF THE INTERIOR, OFFICE OF THE SECRETARY, Washington 25, D. C, April 15, 1955 HON. JAMES E. MURRAY, Chairman, Committee on Interior and Insular Affairs, United States Senate, Washington 25, D. C. MY DEAR SENATOR MURRAY: This is in reply to your request for the views of this Department on S. 1177, a bill for the relief of desert land entrymen whose entries are dependent upon percolating waters for reclamation. I recommend that S. 1177 be enacted. Section 1 of the Desert Land Act of March 3, 1877 (43 U.S.C., 1953 ed., sec. 321), requires that the right of desert land entrymen to the use of water for reclaiming their entries "shall depend upon bona fide prior appropriation." S. 1177, if enacted, would waive this requirement in the case of all desert land entries which have heretofore been allowed and are subsisting on the effective date of the statute, which are dependent upon percolating waters for their reclamation, and which are situated in States under the laws of which the perco-i lating waters upon which the entries are dependent are not subject to the doctrine of prior appropriation. During the past year, a question has arisen in the Department with respect to the meaning of this provision of the Desert Land Act and its effect upon desert land entries in the State of Arizona which are dependent for irrigation upon percolating waters, i.e., underground IV-6 |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |