§321 Entry Right Generally; Extent of Right to Appropriate Waters

Summary

A U.S. citizen, or a person old enough who has filed papers to become a citizen, may claim up to 320 acres of desert land by filing a sworn statement with the Interior Department’s land officer and paying 25 cents per acre. The filer must say they will bring water onto the land and finish reclaiming it within three years. The land must be described clearly if surveyed, or as closely as possible if not. If they prove the work is done within three years and pay another $1 per acre (up to 320 acres), the government will give them the deed. The right to use water on the land depends on prior lawful appropriation and cannot exceed the amount actually taken and needed for irrigation. Any extra water, and water from lakes, rivers, and other non‑navigable sources on public land, stays available for public use for irrigation, mining, and manufacturing, subject to existing rights. Except as allowed by section 3 of the Act of June 16, 1955, a person may make only one entry under these rules, though that entry can include more than one tract. All tracts a person claims together cannot exceed 320 acres and must be close enough to run as one economic unit under Interior Department rules.