[Code of Federal Regulations]

[Title 43, Volume 2]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 43CFR2521.2]



[Page 108-109]

 

                    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.  2521.2  Petitions and applications.



    (a) Filing and fees. (1) A person who desires to enter public lands 

under the desert land laws must file an application together with a 

petition on forms approved by the Director, properly executed. However, 

if the lands described in the application have been already classified 

and opened for disposition under the desert land laws, no petition is 

required. The documents must be filed in the proper office (see Sec.  

1821.2-1 of this chapter).

    (2) All applications must be accompanied by an application service 

fee of $15 which is not returnable, and the payment of 25 cents per acre 

for the lands therein described as required by law.

    (b) Post-office addresses of applicants and witnesses. Applicants 

and witnesses must in all cases state their places of actual residence, 

their business or occupation, and their post-office addresses. It is not 

sufficient to name only the county or State in which a person lives, but 

the town or city must be named also; and where the residence is in a 

city the street and number must be given. It is especially important to 

claimants that upon changing their



[[Page 109]]



post-office addresses they promptly notify the authorizing officer of 

such change, for in case of failure to do so their entries may be 

canceled upon notice sent to the address of record but not received by 

them.

    (c) Execution of applications and proofs; time for filing of 

applications. (1) Applications and proofs, except final proofs required 

by R.S. 2294 (43 U.S.C. 254), must be signed by the applicants but need 

not be under oath. Final proofs may be executed before any officer 

authorized to administer oaths in public land cases, as explained by 

Sec.  1821.3-2 of this chapter.

    (2) An application to make desert-land entry is not acceptable if 

dated more than 10 days before its filing at the land office.

    (d) Evidence of water rights required with application. No desert-

land application will be allowed unless accompanied by evidence 

satisfactorily showing either that the intending entryman has already 

acquired by appropriation, purchase, or contract a right to the 

permanent use of sufficient water to irrigate and reclaim all of the 

irrigable portion of the land sought, or that he has initiated and 

prosecuted, as far as then possible, appropriate steps looking to the 

acquisition of such a right, or, in States where no permit or right to 

appropriate water is granted until the land embraced within the 

application is classified as suitable for desert-land entry or the entry 

is allowed, a showing that the applicant is otherwise qualified under 

State law to secure such permit or right. If applicant intends to 

procure water from an irrigation district, corporation, or association, 

but is unable to obtain a contract for the water in advance of the 

allowance of his entry, then he must furnish, in lieu of the contract, 

some written assurance from the responsible officials of such district, 

corporation, or association that, if his entry be allowed, applicant 

will be able to obtain from that source the necessary water. The 

authorizing officer will examine the evidence submitted in such 

applications and either reject defective applications or require 

additional evidence.