2005 Idaho Code - 43-1705 — PROOF OF RECLAMATION AND SETTLEMENT -- PATENT

                                  TITLE  43
                             IRRIGATION DISTRICTS
                                  CHAPTER 17
                         COOPERATION WITH STATE UNDER
                                  CAREY ACT
    43-1705.  PROOF OF RECLAMATION AND SETTLEMENT -- PATENT. Within one (1)
year after the district authorized to construct irrigation works under the
provisions of this title shall have notified the settlers under such works
that it is prepared to furnish water under the terms of the contract with the
state, said settlers shall cultivate and reclaim not less than one-sixteenth
(1/16) part of the land filed upon, and within two (2) years after said
notice, the settler shall have irrigated and cultivated not less than
one-eighth (1/8) of the land filed upon, and within three (3) years after the
date of said notice the settler shall appear before the director of the
department of water resources, a judge or clerk of any court of record within
the state, or a commissioner appointed by the department of water resources,
and make final proof of the reclamation, settlement and occupation, which
proof shall embrace evidence that he has paid all of the assessments levied
and assessed against said land by the district, or he shall present a tax deed
issued by the treasurer of said district and also prove that all assessments
levied and assessed by the district against said land have been paid; that he
has been an actual settler thereon and has cultivated and irrigated not less
than one-eighth (1/8) part of said tract; and such further proof, if any, as
may be required by the regulations of the department of the interior and the
department of water resources.
    The officer taking this proof shall be entitled to receive a fee of two
dollars ($2.00), which fee shall be paid by the settler and shall be in
addition to the price paid to the state for the land: provided, that when the
director of the department of water resources takes final proof, all fees
received by him shall be turned into the state treasury. The commissioners
appointed by the department of water resources are hereby authorized to
administer oaths.
    All proofs so received shall be submitted to the department of water
resources accompanied by the final payment for the said land, and upon
approval of the same by said department, the settler shall be entitled to his
patent. If the land shall not be embraced in any patent theretofore issued to
the state by the United States, the proof shall be forwarded to the secretary
of the interior with the request that a patent to said lands be issued to the
state.
    When the works designed for the irrigation of lands under the provisions
of this chapter shall be so far completed as to actually furnish an ample
supply of water in a substantial ditch or canal to reclaim any particular
tract or tracts of such lands, the state of Idaho shall, through the
department of water resources, make proof of such fact, and shall apply for a
patent to such lands in the manner provided in the regulations of the
department of the interior.