Report on the lands of the arid region of the United States, with a more detailed account of the lands of UtahPowell, John Wesley
History
Report on the lands of the arid region of the United States, with a more detailed account of the lands of Utah
Powell, John Wesley
Irrigation -- Utah; Irrigation -- West (U.S.); Public lands -- United States; Rain and rainfall -- West (U.S.)
SEC. 8. That the lands patented under the provisions of this act shall
be described as pasturage farms, and designated by the number of the
tract or parcel and the name of the pasturage district.
SEC. 9. That the right to the water necessary to the redemption of an
irrigation tract of a pasturage farm shall inhere in the land from
the time of the organization of the pasturage district, and in all
subsequent conveyances the right to the water shall pass with the title
to the tract; but if after a lapse of five years from the date of the
organization of the pasturage district the owner of any pasturage farm
shall have failed to irrigate the whole or any part of the irrigable
tract the right to the use of the necessary water to irrigate the
unreclaimed land shall thereupon lapse, and any subsequent right to
water necessary for the cultivation of such unreclaimed land shall be
acquired only by priority of utilization.
SEC. 10. That it shall be lawful for any person entitled to acquire a
homestead from the public lands designated in section one of this act
to settle on a pasturage farm contiguous to any pasturage district
after such district has been organized, by making the notifications and
declaration provided for in section five of this act, and by notifying
the recorder of such pasturage district, and also by complying with the
rules and regulations of such district; and such person may thereupon
become a member of the district and entitled to the same privileges as
the other members thereof; and it shall be the duty of the recorder
of the pasturage district to notify the register and receiver of the
land district, and also the Surveyor-General of the United States, that
such claim has been made; and such person may obtain a patent to the
same under the conditions and by conforming to the methods prescribed
in this act: _Provided_, That the water necessary for such farm can be
taken without injury to the rights of any person who shall have entered
a pasturage farm in such district: _And provided further_, That the
right to the water necessary to the redemption of the irrigable tract
of such pasturage farm shall inhere in the land from the time when
said person becomes a member of said district, and in all subsequent
conveyances the right to the water shall pass with the title to the
land; but if, after the lapse of five years from the date of such
notifications and declaration, the owner of said irrigable tract shall
have failed to irrigate the whole or any part of the same, the right to
the use of the necessary water to irrigate the unreclaimed land shall
thereupon lapse, and any subsequent right to the water necessary to
the cultivation of the said unreclaimed land shall be acquired only by
priority of utilization.
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