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Researching Carey Act of 1894 and Right of Way Act of 1891

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mike-berry
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If anyone is a black belt in these two federal irrigation related acts, I've got some pointed questions. I'll spare the board the boring details and clutter at this time... please email me at mjbmcbasb at yahoo dot com. Thanks.


 
Posted : August 30, 2013 8:31 am
paul-in-pa
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Darn, I Tought You Meant Carry Act

Paul in PA


 
Posted : August 30, 2013 9:04 am
jbstahl
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> If anyone is a black belt in these two federal irrigation related acts, I've got some pointed questions. I'll spare the board the boring details and clutter at this time... please email me at mjbmcbasb at yahoo dot com. Thanks.

I thought this board excelled at "boring details and clutter." Without them, deep deprivation would ensue. ;o)

I have quite a bit of familiarity with the right of way statutes, but don't know that I'd consider myself as a "black belt" quite yet. I'm willing to engage, though.

JBS


 
Posted : August 30, 2013 9:19 am
imaudigger
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Please do indulge us with the details if you can.

I always look forward to reading Mr. Stahl's opinion on these matters of rights of ways, title and easements.


 
Posted : August 30, 2013 5:33 pm
imaudigger
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You may find this paper of interest if you have not already read it.

Related Info


 
Posted : August 30, 2013 5:42 pm

Glenn Borkenhagen
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Don't bother with the Wikipedia article on the Carey Act -

The Wikipedia article on the Carey Act of 1894 sez that Act established the General Land Office, so I would have doubts about any information in that article as it stands today.

Like Mr. Audigger above, I am interested in learning what I can about the Carey Act, mainly because all of my properties were patented to the State of Wyoming under that Act. Please post what you can share.

This was part of the Shoshone Land and Irrigation Company, featuring William F. "Buffalo Bill" Cody as its president and front man. That probably made a lot of sense for a couple of reasons. First, Buffalo Bill was arguably the most widely known person in the world in 1896, so would be valuable advertising if nothing else. Also, apparently Mr. Cody had an enormous sense of entitlement that empowered him to make all kinds of personal requests of all levels of government, right up to the presidents.

From what I have learned over the past few years, as a rule the companies organized to take advantage of the Carey Act were unable to attract sufficient investors and were horribly undercapitalized. They skimped on the construction of their facilities and were plagued with many failures of structures and canals. If they were lucky enough to get water to the land for a couple of years the groundwater level often rose carrying salts that precipitated on the surface, which took that land out of production until the situation was resolved.

There is an old adage that (almost) every arid-lands irrigation project quickly evolves into a drainage project, and the Carey Act companies simply did not have the financial resources for that. This and other problems led to establishment of the U.S. Reclamation Service, which became the Bureau of Reclamation.

GB


 
Posted : August 30, 2013 9:28 pm
Kevin Samuel
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Mike, you might try talking to Gary DeJarnatt. He knows a little about the acts from his time fighting the piping of the canal that went by his old place. I hope you find what you need.


 
Posted : August 31, 2013 6:58 am
mike-berry
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> I have quite a bit of familiarity with the right of way statutes

That's an understatement there if I've ever seen one!

Thanks for the information and resources you emailed to me John. It will help wading through the morass of state and federal acts, filings, maps, approvals, contracts and desert land board reports. You're the bee's knees, man. The bee's knees.


 
Posted : August 31, 2013 9:24 am
mike-berry
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Thanks for the link. A handy resource about easements. If and when this current canal R/W fiasco is resolved, I'll post something about it. It may take a loooong time for the lawdogs to sort it out.


 
Posted : August 31, 2013 9:48 am