Page:United States Statutes at Large Volume 19.djvu/403

 FOBTY-FOURTH CONGRESS. Sess. II. Ch. 107, 108. 1877. 377 5 CHAP. 107.-An act to provide for the sale of desert lands in certain States and Ter- March 3, 1877. ritories— ··—·-·—-1--—· Be it enacted by the Senate and House of Representatives of the United Stews of America in Congress assembled, That it shall be lawful for any Deseftlvmls rrwy citizen of the United States, or any person of requisite age *‘who may be be P“’°h”°‘]· entitled to become a citizen, and who has filed his declaration to become such " and upon payment of twenty five cents per acre-to tile a decla- Declaration. ration under oath with the register and the receiver of the land district in which any desert land is situated, that he intends to reclaim a tract of desert land not exceeding one section, by conducting water upon the _ same, within the period of three years thereafter, Provided however h Rl3M *° ¤¤° w*’·· that the right to the use of water by the person so conducting the °“ same, on or to any tract of desert land of six hundred and forty acres shall depend upon bona. fide prior appropriation : and such right shall Water on public not exceed the amount of water actually appropriated, and necessarily laws *0 **0 f¤°°· used for the purpose of irrigation and reclamation: and all surplus water over and above such actual appropriation 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, mining and manufacturing purposes subject to existing rights. Said declaration shall U<>P*>*>¤*¤ of dwdescribe particularly said section ofland if surveyed, and, if unsurveyed, 1‘“""“°“· shall describe the same as nearly as possible without a survey. At any time within the period of three years after tiling said declaration, upon P¤ff¤<>¤i<>¤ of $1- making satisfaetory proof to the register and receiver of the reelama- "1°· tion of said tract of land in the manner aforesaid, and upon the pay- ment to the receiver of the additional sum of one dollar per acre for a. ~ tract of land not exceeding six hundred and forty acres to any one person, ai patent for the same shall be issued to him. Provided, that no Limihw ¢1¤¤¤*i· person shall he permitted to enter more than one tract of land and not ;7{)Kf1*‘“‘1I*“'°h"S‘ to exceed six hundred and forty acres which shall be in compact form. ' SECTION 2. That all lands exclusive of timber lands and mineral lands Desert lands do which will not, without irrigation, produce some agricultural crop, 6¤¤d· shall be deemed desert lands, within the meaning of this act, which fact shall he ascertained by proof of two or more credible witnesses under oath, whose ailidavits shall be-filed in the land office in which said tract of land may be situated- _ SECTION 3. That this act shall only apply to and take effect in the I4<>¤¤·iifi¤¤ i¤ States of California, Oregon and Nevada, and the Territories of lVash- ”h‘°1’“°“°"P¥’lY‘ ingtou, Idaho, Montana, Utah, Wyoming Arizona, New Mexico and Dakota, and the determination otwhat may be tconsidered desert land shall be subject to the decision and regulation of the Commissioner of the General Land Office. Approved, March 3, 1877. ` CHAP. 108.-—An act in relation to the Hot Springs reservation in the State of March 3, 1877. Arkansas. Be vt enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That so much of section nre of 1870, en. 126, an act of June eleventh, eighteen hundred and seventy, in relation to 16 S*’°·*’-·M9- the Hot Springs reservation of Arkansas, as provides for the appoint- Law forreceiver ment of a receiver by the court, be, and the same is hereby, repealed: fkH°" *;l‘3'“¤S· Provided, That nothing in this section shall be constued to aflect the Q{{é{,°2,’°;§cgv0d_ right of the United States to collect and receive rents already due. ` ,SEc. 2. That it shall be the duty of the President of the United States Commissioners upon the passage of this act, to appoint three discreet, competent, and g° by °*{° HW disinterested persons, who shall constitute st board of commissioners ngwgs ’°”""" X S any two of whom shell constitute a quorum, who are hereby authorized