[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: 43CFR2521.7]



[Page 116-117]

 

                    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 117]]



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.