Lake County examiner. (Lakeview, Lake County, Or.) 1880-1915, April 20, 1905, Image 1

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NO. Hi.
Jnswcrs Given by the Department of the
Interior to Questions Submitted Per
taining to the Hondo Reservoir.
(nil, nviiiii .iih'miIiiiih mnl huh- no law to prevent your entering Kin
,., V1. .,h.i, prepared by llii' !'- at firsl; t 1 1 1 1 1 1 1 m en I ry Is merely pre-
irtn1,ni ,,( lln In1' 'I'lm- enliven- liui i un ry , mnl Will lie eut ilinvn In
m-f in i-ft in cnrres"inicnls Hi. so, nr 1 JO m i-en, necnrdinn in )iv
I,,, liri. Hii'lvini: inl'nnii.'i t inn i nn- plans llnnlly determined n m. The
mill" I lie rn-l;i ma I inn la u atnl up- enl ry w ill lie subject In eeriaill lini-
. , linns iiinler it . 1 1 in possi ble I lia I Itn I ions, charges, and terms, which
Ih'juirt iin-ii t will modify nr re- cmiiml tie gi veil until Ihe contracts
.ixKiillieiii tlienplllnlisgicli, and for Const ruction hiivclieen let.
,,.v miiKt lie considered ji sugges- O W ha t nsmirn nee is t here I ha t t he
Hi,, rn'lici- than llnnl: l;lll'l " hu h I enler will lie irrigated?
im.MiiHi i:.M i:n"I'iiii. A You ran have no assurance that
.-In what way cull puhlic liiinl be the land will bo irrigated until iul-
tken iiinler the law? lie notice has heen given. If ynii
-The only way In which land can enter in advance of the public notice
.. taken Is under the terms of the .Vou make a speculative entry,
w holly at your own risk, and with
out any guarantee or safeguard
that water will he supplied, mid
with a reasonable probability that
nnifHti'iiil law, which reiUireH ac
ini nettlei it and cultivation.
-'un I take up a homestead under
tin' nvlumiitioii law, and obtain
liikuhlle I am earning a ll ing in a ; .vnu may Inse your homestead light,
(J What arc the Witter Users' Asso
ciations'.' A These are associations of Indi
viduals owning or having claims to
water and lands to which water
may lie supplied by the works con
structed by the government,
ij Why are the assnciat ions
.'iirliy city?
i-Ynii I'umiot oblain a homestead
iiicKH yon live upon the laud and
Hike It yuiir home. Icensiniial nb
ni'i' in allowable, if some good
'Willi In kI veil, bul .voli caiiliot live
.n'wliure mnl claim a hnmeslead.
.'-Ik It necessary for me m live on
;n" iiuiil more ' t han oliee in six
i-Yi'k; net ii ii I a ml emit iti in m . ivkI-I . Tin y are fnr med in order to ns
"iii'c m reipiiri'd li.v Ihe law. a ud 'sure Ihe gn ver n men t that the land
nil miiKt establibh your In one nil ow ners will apply for water from
n'lnnd Mini live there for i lie full ii,,. ii'i'i-atiua works, and Unit they
j A Mireetly by the water users them
selves and through the officers eloe-
ted liy them.
U Mow much water will 1m- furnlsh
i ed to each water user?
'A lie will receive his proportional
i part of t he entire supply in the hands
of the association, not In excess of
! the a mount necessary for t ho proper
cultivation nf his land.
Q What assurance has he of a suM'.-
eient supply'.'
A The association is required to
limit the lands represented by its
shares In Ihe area which thegovcrn
, merit has determined can lie cultiva
ted to the highest ellieiency.
Q What will be the cost of the gov
ernment. atef right?
I A The smallest amount consistent
(with permanent work. Steel and
, concrete' will be used w herever re
quired. The heaviest part of the
cost. that is, the maintenance,
which goes on forever, will be rc
; duced to a minimum.
J IJ What Is the connection between
i the association and the government,
j A ISefore beginningconstruetion the
I (ioveriimeiit will make a contract
with the association, in which the
latter will guarantee the payment
! and agree to enforce the collections
I from its shareholders by means of
the lien on their lauds if necessary.
q Does the shareholder derive any
j advantage from this lien'.'
j . y,.H, it protects him against the
This adjustment can be made by
mutual agreement, or in tho courts.
(J If a tract to bo subscrllied for,
contains land which is not irrigable,
how many acres should be Included? j
A The subscription should include
the entire tract. The Secretary of
the Interior will, by careful and ex-1
pert examination, determine the lr-
rlgable area, of each tract. The
shares representing the lioiiirrigable
lands will be cancelled, and the gov-'
eminent will make no charge against
Q ( 'an a man subscribe for a part nf
his land and leave the rest out of the
irrigation system?
A No, the association will accept
subscriptions only when they cover
the entire body of land owned by the
subscribed. Xo subscription should
exceed 100 shares, but any person
may make several such subscriptions
if lie agrees to dispose of his excess
nu n'iiiii'eil.
-M list I iimve
into tie laud at
ii-Ynii are given hI months from
time of taking out your first pa
'm tucHtuhlish a residence, and be
nt' the cud of that Units you must
knctuully living on the ground.
Hh It Hiilliclent to erect an ordin
ary Claim Hliunty with one door and
e window?
-Nu; the clulin shanty and noin
iiiil ftuldence which may have sulllc-
v ill so adjust the existing claims to
die use of water Unit the adminis
tration of all the water available for
lands in private ownership, w hether
from private or government irriga
tion works shall be under one con
trol, viz: that of the water users
themselves. This organization is
necessary in order that there may be
Hiiuervislou over the distribution of
! water to the lands In private owner-
H an I enler Mo acres me
'" partM nf if.'
'-Von nu, ,lit n in title to ;
iwuf IhihI niilv. which
I liel) sell
ship, contemplated by section 5 of
Ihe reclamation Act.
I under Hiune conditions, will not ! (.J What is the form of organiza-
' milticli.iit on the Irrigable land, j tion?
Uiui'timl home, where you sleep and ; ATm, (()I.m uf organization may
'ke.vour meals habitually, will be ' , . .,,,. artsof the country,
in accordance with the local needs.
iieiieral form has been prepared,
preliminary to approval by the Sec
cci ta n j ivti,.y ,,f the Interior, which can be
""l-Dtir Hill acres, and you cannot ltH ,im'ipes have been approved by
",IV('J' miy title to this, ,,r to any ,a. secretary of the Interior.
'""Hunof it, until j-oi, jmvo lived ! (JWi,at iH ,viuired of persons joiu-
-uni ,ne years. 1 mi may be 1 1,,,.-such associations?
A'J) Theyngiveto turn over to
the inuuageineut of the association
11m water which they have hereto
fore appropriated, to be administer
ed in connection with the additional
water supply furnished from the
government irrigation system. (2)
They agree to make their former
water right, as well as Ihe govern
ment water rights, appurtenant to
. i... i...U Iri'iealed. Ii!) They agree
"j'"'! entry you iniist ciu.'!y with',,, ,,.,v the charges for the water
U'r"" ,t the homestead law. ; rights' ivqiili'iMl by the Keclaiualli-n
"fXc-UM) will be accepted because I A,.( ( ) They tign-ethat I heir land
llllf In .
"-iinquisii or give up a por
'" "I It. tnd in that event some
""-'r I'WHoii can make a new home
entry, hut you can not trans
"r, I'liu any rights or privileges,
""I !' muHt l..Ki,j his term of resl
!ww from the time ,o makes his
"Ht I live on the la..,'.
'l'r 1,1 ""t available?
11('h; aft
I lie wa-
.voii make imr linuie-
"uve nodi,! , , . , . , i ii,, ,i. mich
i - uii-r iiie i 1 i 1 1 1 ii hi ii i j'lia.rge lor wini'i, "" "
U'r L,ri'"(lJ' for their us. ; If lands (.lia,..Vfi Hhall bo u Hen on the land
'iteri!d upon before water Is i icli the 0sN-iatIou may enforce if
tbcic H u imcm,,,,,,!!,,,, that ' 4i..... .1,. n.i. imiv for the water. ')
They agree to dispose of the lauds
they own which are in excs of the
limit of land- In private ownership
permitted to apply fur , l,,t8
from t he iioveriiinent system.
'"k,r H"ul conditio;,- there ls,()-llow ibtlieasscK-uitioinumiaged?
water, as it Is net desired be securil V for t lie government
lift r., -
1(r ou """vlng tho nary does it
teculatlvo purposes, rut her than
' "'""'toul home.
,hJIU""nM:' 1'ln,, ' ""ler at
possibility of being required to pay
for a shifllei-s neighbor's water
right, for without the lien the asso
ciation would be required to assess
.each member for any deficiency.
(j Mow soon must a man dispose of
i his excess land?
1 , lie will not be required to do so
j before the government is ready to
furnish the water, thus gaining the
benefits of advanced prices resulting
from the large expenditures of the
government, and the sure prospect
of water, and having, without es
pouse, a good market for his laud
that he could have had under no
other conditions.
q What Is done to moke certain
that such excess lauds are sold?
A The owuer must agree that if he
does not sell them to a properly
qualllied person by the time the gov
ernment water is ready, the associa
tion shall have power to do so.
(J Will the lands be sacrificed by the
A No, every ollicer and member of
),,. Mn.'iit inn is a laud owner, and
a depreciation of land values is
against his Interest. The demand
for laud w ill probably be so great,
as construction approaches com
pletion, that largo prices can be
easily realized by the owuer himself,
ti Mow are former water rights af
fected by joining the association?
A The Keclanmtion Act expressly
protects vested water rights. 15y
joining the association the owner of
such rights puts them iu the care of
the association aud tho water is to
be delivered to him as before, being
Included lu the complete supply fur
nished from the government system.
Mis priority of water reinaius intact,
is protected by tho Articles of the
Association aud may be re-asserted
if ever there should be a shortage of
water In the future.
() Mow are such lights to bo pro
tected If tho need should aiioO fifty
years hence?
A These lights must be detluately
ascertained and made a matter of
record as soou us the association
can take the matter up after tho
government construction has beguu.
lands located under the system,
i What Is the form of organizat ion,
contemplated by section (! of t lie
Act, to which the manage nent and
operation of the irrigation system is
to bo turned over, when the pay
ments have been made for the ma
jor portion of the laud irrigated?
A This cannot be decided until such
period approaches In the first pro
ject to be completed. The form of
Water Users' Association already
discussed cau be readily adapted to
meet the necessary requirements.
Organizations of this form will re:
quire few if any changes to meet the
conuitions contemplated iu section C.
i If I own a tract of land to which
water may be brought by a govern
ment ditch, how shall I obtain a
water right?
A It will be necessary to become a
member of the local Water Users'
Association, and subscribe to all tho
requirements of membership in the
(j For what amount of laud can
water bo had?
A Section 5, of the law states that
no right to the use of water for j
lands In private ownership' shall be
sola for a tract exceeding 100 acres
to any one laud owner.
Q Caii I obtain water for a full
tract of 100 acres?
A This matter is left to the discre
tion of tho Secretary of the Interior
and the acreage may be reduced to
1J0, SO or 40 acres, according to the
surrounding conditions.
Q Can I, while residing in some
other locality where 1 am earning a
living, obtain water for a tract of
A You cannot obtain water light
for your laud unless you are an
actual bona fide resident on such
laud, or occupant thereof residing In
the neighborhood.
(J What Is nieaiit by "the neighbor
hood?" A It Is probable that It will bo held
that a person must live within such
distance of tho land that hecau dally
cultivate or care for It. This provis
ion relating to an occupant residing
iu the neighborhood was drawn
originally with reference to the con
ditions In Utah, where the farmers
live lu small communities, aud cul
tivate farms surrounding tho villa
ges, lu this case tho farms are all
within au easy drive of the homes of
tho owners.
(J For how much laud cau 1 obtain
A For au area of 40, 80. l'JO or lo'O
acres, according to a rule to bo es
tablished lu each locality by tho Sec
retary of the Iuterlor. ThU amouut
Is to be determined by the quantity
of irrigable land which may reason
ably lie required for the support of the
(J Why can not water be had for
larger acreage?
A The object of the law is, not
merely to reclaim the land, but to
furnish homes for the greatest mini- '
beri.f persons and to bring about
an extensive cultivation of the soil.
1 1 is necessary to cut i.'oai) the land
holdings to such a point as will
enable a large nu mber of families to
make a comfortable living.
Q If I have a farm of over 100 acres
for which f want water, what must
I do?
A You can,, by joining the Water
Users' Association, secure water for
1U0 acres or less, as the rule may be;
but the remainder of the lund cannot
have water unless it Is conveyed by
a recorded deed to some other per
son. Q Can I convey this to a relative or
friend, and can he obtain water and
then transfer the title back to me?
A To secure a title to water will
necessitate the land leing conveyed
by actual recorded deed, and remain
In the ownership of some other per
son for 5 or possibly 10 years or
more. Such person must also be an
actual bona fide resident on the
land, or an occupant thereof residing
in the, neighborhood.
Q If I own a piece of laud and put
a tenant upon it, will not this com
ply with the requirements of the
A No, the law is explicit in that the
land owner shall be an actual bona
fide resident. It Is not t lie purpose
of the law to encourage landlordism
or tenantry.
Q If there are several children lu
the family, cau the laud be deeded In
separate tracts to each of these
children aud water thus secured?
A This might be done if each Indi
vidual is competent to be an inde
pendent land owner, but ho must
have a title of record In fee and have
an actual residence on the land or in
the vicinity.
(i What can be done iu case of a
man owning several hundred, or
thousand acres or Trust Company
having largo tracts?
A Unless the person is an actual
resident aud occupant of the soil, he
cannot obtain any water rights and
the land must bo left without any
water supply unless It is conveyed
to au actual bona tide resident and
( Cau not any arrangements be
made pending the time of disposal of
the land?
A Subscriptions will bo received by
the local Water Users' association,
and au understanding reached that
the land cau ultimately receive water
when properly transferred.
(J How cau these lands bo sold?
A The owuer can sell at his own
discretion, but he must by trust deed
to tho association give It power to
sell ultimately lu small tracts to
actual settlers who uro qualilied to
comply with tho lteclamatlon act.
Q In the case of railroad lands what
arrangements cuu bo made?
A Tho railroads, as a rule, have
agreed to put their lands on tho
market in small tracts, at u price of
fl.25 or 12.50 per acre, to be sold on
long time payments, and subject to
all of tho conditions of government
laud adjoining, title not to be passed
until all of tho terms have Iven com
plied with.
(Com i. union Ox Last 1'a.gk.)