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Title 43 — Public Lands

Chapter 12 — Reclamation and Irrigation of Lands by Federal Government

§ 439. Cultivation requirement as to entrymen

Statutory text

The entryman upon lands to be irrigated shall, in addition to compliance with the homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural purposes.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 57–1093 § 5 · 32 Stat. 388

    Enacted · 43 U.S.C. § 439

    (June 17, 1902, ch. 1093, § 5, 32 Stat. 389.)

    Source evidence

    Code source credit
    (June 17, 1902, ch. 1093, § 5, 32 Stat. 389.)

    Enacted provision · exact public law section
    Sec. 5. That the entryman upon lands to be irrigated by such works Requirements of entryman. shall, in addition to compliance with the homestead laws, reclaim at least one-half of the total irrigable area of his entry for agricultural purposes, and before receiving patent for the lands covered by his entry shall pay to the Government the charges apportioned against such tract, as provided in section four. No right to the use of water for Limit. land in private ownership shall be sold for a tract exceeding one hundred and sixty acres to any one landowner, and no such sale shall be made to any landowner unless he be an actual bona fide resident on such land, or occupant thereof residing in the neighborhood of said land, and no such right shall permanently attach until all payments therefor are made. The annual installments shall be paid to the Payments. receiver of the local land office of the district in which the land is situated, and a failure to make any two payments when due shall render the entry subject to cancellation, with the forfeiture of all rights under this Act, as well as of any moneys already paid thereon. All Disposal of receipts. moneys received from the above sources shall be paid into the reclamation fund. Registers and receivers shall be allowed the usual commissions Commissions. on all moneys paid for lands entered under this Act.

1 of 1 references resolved to an enrolled provision

Statutory Notes and Related Subsidiaries

Section as Unaffected by Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of this title.

Credits

(June 17, 1902, ch. 1093, § 5, 32 Stat. 389.)

Parsed from the official OLRC USLM XML in data/usc_all/usc43.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t43/s439