OCR Text |
Show 179 Correspondingly significant is the Desert Land Act of 1877.164 Under it, provision is made for reclamation of arid lands in the States of California, Oregon, and Nevada, Colorado being later added, and the then Territories of Washington, Idaho, Mon- tana, Utah, Wyoming, Arizona, New Mexico, and Dakota.165 The Act authorized the sale of 640 acres of land at $1.25 per acre to any person who would irrigate it within three years.166 In addition, a significant proviso is included which makes the right to the use of water depend upon "bona fide prior appro- priation" not to exceed the amount "actually appropriated, and necessarily used for the purpose of irrigation and reclama- tion." 167 The Act also requires that:168 all surplus water over and above such actual appropria- tion 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 existing rights. However, a 640-acre tract was too large for individual irrigation, and speculation was resulting from operations under this and other acts, which together had allowed one individual to acquire up to 1120 acres.169 And in 1890 Congress limited all entries to a 320-acre maximum for a single claimant.170 In another 1890 statute, Congress reserved to the United States a right-of-way for ditches and canals constructed by federal authority with respect to lands west of the one-hun- dredth meridian thereafter patented under any of the land laws of the United States.171 It has been said that this statutory 164 Act of March 3, 1877, § 1, 19 Stat. 377, as amended, 43 U. S. O. 321. 188 § 3,19 Stat. 377, § 8 as added by Act of March 3,1891, § 2, 26 Stat. 1096, as amended, 43 U. S. C. 323. 166 § 1,19 Stat. 377, as amended, 43 U. S. O. 321. 167 Id. lt8Id. 169 21 Cong. Rec. 7930, 7766, 9139; Sen. Eep. No. 1466, 51st Cong., 1st sess., pp. 68-69 (1890) ; H. Rep. No. 2407, 51st Cong., 1st sess., p. 66 (1890). 170 Act of August 30,1890, § 1, 26 Stat. 371, 391, as amended, 43 U. S. C. 212. 171 § 1, 26 Stat. 391, 43 U. S. O. 945. |