Desert Land Act

Last updated

The Desert Land Act is a United States federal law which was passed by the United States Congress on March 3, 1877, to encourage and promote the economic development of the arid and semiarid public lands within certain states of the Western states. Through the Act, United States citizens, or those declaring an intent to become a citizen, over the age of 21 may apply for a desert-land entry to irrigate and reclaim the land. This act amended the Homestead Act of 1862. Originally the act offered 640 acres (2.6 km2), although currently only 320 acres may be claimed. [1]

Contents

A precursor act in 1875, called the Lassen County Act, was pushed by Representative John K. Luttrell of the northeastern district of California, who wanted to speed up privatization of land east of the Sierra. This act enlarged the maximum allowable purchase for settlers from 160 acres to 640 acres. With the backing of Land Commissioner J. A. Williamson, Luttrell and Senator Aaron A. Sargent co-sponsored the Desert act which extended the Lassen County Act to cover several arid states and other regions of California. [2]

Intentions

The original intent of the Desert Land Act was to instigate growth in the West by incentivizing people to move out West in the late 19th century and develop irrigation systems that would transform the land into usable space. While it encouraged growth, it also played a large role in water rights of the era. [3] While settlers decided to move West to spread irrigation, rather than use the land solely for farming or cattle, it created a new dilemma for settlers as to how to use and share the water, be it on a communal or an individual basis. [3] While many irrigation systems were set up communally, that eventually led to private water companies that owned large irrigation systems, which were built independently without consulting proper engineers. [4]

Outcomes

Although the Desert Land Act was partly based on the Homestead Act and the Preemption Act (1841), it did not contain a key provision of those acts, the residence requirement. While the claimant had to improve the land, the claimant did not need to live on the land while the improvements were made. In the end, that led to a significant amount of fraud, and land speculation companies acquired tens of thousands of acres of California land by hiring "dummy entrymen" to make false claims of settlement. [5]

Well known areas that began as land patented under the Desert Land Act include the Salt River in Arizona, the Imperial Valley in California, the Snake River in Idaho, Gallatin, Montana, and Yakima, Washington. [6] Many of these communities facilitated further growth through the help of the Reclamation Act of 1902.

The peak of growth of these areas can be tracked by three separate eras prior to the current era: 1877–1887, 1888–1893, and 1893–1910. [6]

1877–1887

The first decade after the Desert Land Act was passed was well known for fraudulent activity, especially by cattle producers. The era saw its end after a decline in the cattle industry. [6]

1888–1893

The second era of the Desert Land Act saw a significant drop in fraudulent activity after an amendment to the Act that included stricter regulations and checks for irrigation systems, however was not entirely absent of fraudulent land ownership. The settlers were then required to submit maps and plans of irrigation to prevent violation of the act. Other amendatory acts to the law included encouraging communal placement of irrigation systems, and defined the progress of reclamation in the amount spent on the systems. [7] The time period ended with the Panic of 1893. [6]

1893–1910

The last era of the Desert Land Act began as the interest in irrigation and migration increased following the prosperity after the Depression of 1893. The last year of the era marks the peak of Desert Land Act original entries, over 15,000 in one year. [6]

After 1910

By 1920, nearly all present irrigation systems had been in place in all lands grown in the West from the act. [6]

See also

Related Research Articles

<span class="mw-page-title-main">Irrigation</span> Agricultural artificial application of water to land

Irrigation is the practice of applying controlled amounts of water to land to help grow crops, landscape plants, and lawns. Irrigation has been a key aspect of agriculture for over 5,000 years and has been developed by many cultures around the world. Irrigation helps to grow crops, maintain landscapes, and revegetate disturbed soils in dry areas and during times of below-average rainfall. In addition to these uses, irrigation is also employed to protect crops from frost, suppress weed growth in grain fields, and prevent soil consolidation. It is also used to cool livestock, reduce dust, dispose of sewage, and support mining operations. Drainage, which involves the removal of surface and sub-surface water from a given location, is often studied in conjunction with irrigation.

<span class="mw-page-title-main">Homestead Acts</span> US laws allowing ownership of unclaimed land

The Homestead Acts were several laws in the United States by which an applicant could acquire ownership of government land or the public domain, typically called a homestead. In all, more than 160 million acres of public land, or nearly 10 percent of the total area of the United States, was given away free to 1.6 million homesteaders; most of the homesteads were west of the Mississippi River.

<span class="mw-page-title-main">Newlands Reclamation Act</span> United States federal law

The Reclamation Act of 1902 is a United States federal law that funded irrigation projects for the arid lands of 20 states in the American West.

<span class="mw-page-title-main">California water wars</span> Conflict over water rights in California between 1902 and 2006

The California Water Wars were a series of political conflicts between the city of Los Angeles and farmers and ranchers in the Owens Valley of Eastern California over water rights.

<span class="mw-page-title-main">United States Bureau of Reclamation</span> Government agency

The Bureau of Reclamation, formerly the United States Reclamation Service, is a federal agency under the U.S. Department of the Interior, which oversees water resource management, specifically as it applies to the oversight and operation of the diversion, delivery, and storage projects that it has built throughout the western United States for irrigation, water supply, and attendant hydroelectric power generation. It is currently the U.S.'s largest wholesaler of water, bringing water to more than 31 million people, and providing one in five Western farmers with irrigation water for 10 million acres of farmland, which produce 60% of the nation's vegetables and 25% of its fruits and nuts. The Bureau is also the second largest producer of hydroelectric power in the western U.S.

<i>Dominion Lands Act</i> 1872 Canadian law that aimed to encourage the settlement of the Canadian Prairies

The Dominion Lands Act was an 1872 Canadian law that aimed to encourage the settlement of the Canadian Prairies and to help prevent the area being claimed by the United States. The Act was closely based on the U.S. Homestead Act of 1862, setting conditions in which the western lands could be settled and their natural resources developed.

<span class="mw-page-title-main">Flathead Indian Reservation</span> Indian reservation in United States, Confederated Salish and Kootenai

The Flathead Indian Reservation, located in western Montana on the Flathead River, is home to the Bitterroot Salish, Kootenai, and Pend d'Oreilles tribes – also known as the Confederated Salish and Kootenai Tribes of the Flathead Nation. The reservation was created through the July 16, 1855, Treaty of Hellgate.

<span class="mw-page-title-main">Elephant Butte Dam</span> Dam on the Rio Grande in New Mexico, United States

Elephant Butte Dam or Elephant Butte Dike, originally Engle Dam, is a concrete gravity dam on the Rio Grande near Truth or Consequences, New Mexico. The dam impounds Elephant Butte Reservoir, which is used mainly for agriculture but also provides for recreation, hydroelectricity, and flood and sediment control. The construction of the dam has reduced the flow of the Rio Grande to a small stream for most of the year, with water being released only during the summer irrigation season or during times of exceptionally heavy snow melt.

<span class="mw-page-title-main">Great Sioux Reservation</span> Former Indian reservation in the United States

The Great Sioux Reservation initially set aside land west of the Missouri River in South Dakota and Nebraska for the use of the Lakota Sioux, who had dominated this territory. The reservation was established in the Fort Laramie Treaty of 1868. It included all of present-day western South Dakota and modern Boyd County, Nebraska. This area was established by the United States as a reservation for the Teton Sioux, also known as the Lakota: the seven western bands of the "Seven Council Fires".

The Carey Act of 1894 allowed private companies in the U.S. to erect irrigation systems in the western semi-arid states, and profit from the sales of water. The Carey Act was enacted into law by Congress by the Act of August 18, 1894, as amended. It was a new approach for the disposal of public desert land, as the federal government decided this task was too large for individual settlers. Through advertising, these companies attracted farmers to the many states which successfully utilized the act, notably Idaho and Wyoming.

<span class="mw-page-title-main">Moses Kinkaid</span> American politician

Moses Pierce Kinkaid was an American politician who was a member of the United States House of Representatives from the state of Nebraska. He was the sponsor of the 1904 Kinkaid Land Act, which allowed homesteaders to claim up to 640 acres (260 ha) of government land in western Nebraska.

<span class="mw-page-title-main">Kinkaid Act</span>

The Kinkaid Act of 1904 is a U.S. statute that amended the 1862 Homestead Act so that one section of public domain land could be acquired free of charge, apart from a modest filing fee. It applied specifically to 37 counties in northwest Nebraska, in the general area of the Nebraska Sandhills. The act was introduced by Moses Kinkaid, Nebraska's 6th congressional district representative, was signed into law by President Theodore Roosevelt on April 28, 1904 and went into effect on June 28 of that year.

<span class="mw-page-title-main">Checkerboarding (land)</span> Pattern of land grants and ownership

Checkerboarding refers to a situation where land ownership is intermingled between two or more owners, resulting in a checkerboard pattern. Checkerboarding is prevalent in the Western United States and Western Canada because of extensive use in railroad grants for western expansion, although it had its beginnings in the canal land grant era.

<span class="mw-page-title-main">Timber Culture Act</span> 1873 U.S. law

The Timber Culture Act was a follow-up act to the Homestead Act. The Timber Culture Act was passed by Congress in 1873. The act allowed homesteaders to get another 160 acres (65 ha) of land if they planted trees on one-fourth of the land, because the land was "almost one entire plain of grass, which is and ever must be useless to cultivating man."

Rancho Bosquejo was a 22,206-acre (89.86 km2) Mexican land grant in present-day Tehama County, California given in 1844 by Governor Manuel Micheltorena to Peter Lassen. The name means "Wooded Ranch" in Spanish. The grant extended along the east bank of the Sacramento River south of Rancho Rio de los Molinos and Toomes Creek, and encompassed present day Vina on Deer Creek.

Agriculture in Namibia contributes around 5% of the national Gross Domestic Product though 25% to 40% of Namibians depend on subsistence agriculture and herding. Primary products included livestock and meat products, crop farming and forestry. Only 2% of Namibia's land receives sufficient rainfall to grow crops. As all inland rivers are ephemeral, irrigation is only possible in the valleys of the border rivers Oranje, Kunene, and Okavango, and also at the Hardap Irrigation Scheme.

<span class="mw-page-title-main">Palo Verde Valley</span>

The Palo Verde Valley is located in the Lower Colorado River Valley, next to the eastern border of Southern California with Arizona, United States. It is located on the Colorado Desert within the Sonoran Desert south of the Parker Valley. Most of the valley is in Riverside County, with the southern remainder in Imperial County. La Paz County borders to the east on the Colorado River.

Preemption was a term used in the nineteenth century to refer to a settler's right to purchase public land at a federally set minimum price; it was a right of first refusal. Usually this was conferred to male heads of households who developed the property into a farm. If he was a citizen or was taking steps to become one and he and his family developed the land he had the right to then buy that land for the minimum price. Land was otherwise sold through auction, typically at a price too high for these settlers. Preemption is similar to squatter's rights and mining claims.

<i>Report on the Lands of the Arid Region of the United States</i>

Report on the Lands of the Arid Region of the United States is a scientific report and policy recommendation written by American explorer, geologist, and anthropologist John Wesley Powell, and first published in 1878. The work sought to create an equitable and sustainable method for developing the arid region of the United States, an area characterized by its low annual rain that encompasses 40% of the continental portion of the country.

<span class="mw-page-title-main">George Hebard Maxwell</span> American attorney and lobbyist for water reclamation and communal irrigation projects

George Hebard Maxwell was an American attorney and lobbyist for water reclamation and communal irrigation projects. In 1899, he formed the National Reclamation Association and, in 1902, along with Democratic U.S. Representative Francis G. Newlands, helped pass the National Reclamation Act.

References

  1. "Bureau of Land Management" (PDF). Retrieved 29 November 2017.
  2. Gates 1978, p. 11.
  3. 1 2 Ganoe, John T. (1937). "The Desert Land Act in Operation, 1877-1891". Agricultural History. 11 (2): 142–157. JSTOR   3739672.
  4. Ostrom, Elinor (2011). "Reflections on "Some Unsettled Problems of Irrigation"". The American Economic Review. 101 (1): 49–63. JSTOR   41038781.
  5. Gates, Paul W. (1978). Land Policies in Kern County. Bakersfield, CA: Kern County Historical Society. OCLC   5154193.
  6. 1 2 3 4 5 6 Landstrom, Karl S. (1954). "Reclamation under the Desert-Land Act". Journal of Farm Economics. 36 (3): 500–508. doi:10.2307/1233016. JSTOR   1233016.
  7. "43 U.S. Code § 327 – Filing irrigation plan; association of entrymen". LII / Legal Information Institute. Retrieved 2017-11-30.