[Code of Federal Regulations]
[Title 43, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2521.7]

[Page 120-121]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
    CHAPTER II--BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR
 
PART 2520_DESERT-LAND ENTRIES--Table of Contents
 
                         Subpart 2521_Procedures
 
Sec. 2521.7  Amendments.

    (a) To enlarge area of desert-land entry. Amendment for the purpose 
of enlarging the area of a desert-land entry will be granted under and 
in the conditions and circumstances now to be stated.
    (1) In any case where it is satisfactorily disclosed that entry was 
not made to embrace the full area which might lawfully have been 
included therein because of existing appropriations of all contiguous 
lands then appearing to be susceptible of irrigation through and by 
means of entryman's water supply, or of all such lands which

[[Page 121]]

seemed to be worthy of the expenditure requisite for that purpose, said 
lands having since been released from such appropriations.
    (2) Where contiguous tracts have been omitted from entry because of 
entryman's belief, after a reasonably careful investigation, that they 
could not be reclaimed by means of the water supply available for use in 
that behalf, it having been subsequently discovered that reclamation 
thereof can be effectively accomplished by means of a changed plan or 
method of conserving or distributing such water supply.
    (3) Where, at the time of entry, the entryman announced, in his 
declaration, his purpose to procure the cancellation, through contest or 
relinquishment, of an entry embracing lands contiguous to those entered 
by him, and thereafter to seek amendment of his entry in such manner as 
to embrace all or some portion of the lands so discharged from entry.
    (b) Conditions governing amendments in exercise of equitable powers; 
amendments involving homestead and desert-land entries of adjoining 
lands. Applications for amendment presented pursuant to Sec. 1821.6-
5(a) of this chapter will not be granted, except where at least one 
legal subdivision of the lands originally entered is retained in the 
amended entry, and any such application must be submitted within 1 year 
next after discovery by the entryman of the existence of the conditions 
relied upon as entitling him to the relief he seeks, or within 1 year 
succeeding the date on which, by the exercise of reasonable diligence, 
the existence of such conditions might have been discovered: Provided, 
nevertheless, That where an applicant for amendment has made both 
homestead and desert land entries for contiguous lands, amendment may be 
granted whereby to transfer the desert-land entry, in its entirety, to 
the land covered by the homestead entry, and the homestead entry, in its 
entirety, to the land covered by the desert-land entry, or whereby to 
enlarge the desert-land entry in such manner as that it will include the 
whole or some portion of the lands embraced in the homestead entry, 
sufficient equitable reason for such enlargement being exhibited, and 
the area of the enlarged entry in no case exceeding 320 acres. 
Applications for such amendments may be made under Sec. Sec. 1821.6-1 
to 1821.6-5 of this chapter and on the prescribed form, in so far as the 
same are applicable. A supplemental statement should also be furnished, 
if necessary, to show the facts.
    (c) Evidence of water-right to accompany application to amend 
desert-land entry. Application to amend desert-land entries by the 
addition of a new and enlarged area or by transferring the entry to 
lands not originally selected for entry must be accompanied by evidence 
of applicant's right to the use of water sufficient for the adequate 
irrigation of said enlarged area or of the lands to which entry is to be 
transferred. Such evidence must be in the form prescribed by Sec. 
2521.2.