Title 43, Public LandsRelease 119-110

§448 Desert-land Entries Within Reclamation Project Generally

Title 43 › CHAPTER 12 — RECLAMATION AND IRRIGATION OF LANDS BY FEDERAL GOVERNMENT › SUBCHAPTER VI — WATER RIGHT APPLICATIONS AND LAND ENTRIES › § 448

Last updated Sep 23, 2026|Official source

Summary

If a valid desert-land claim falls inside a land withdrawal or an irrigation project made under the Act of June 17, 1902, and the claimant is stopped or delayed from improving or reclaiming the land because of that withdrawal or project, the time they were blocked does not count against the deadline to make the required improvements. If, after investigation, the Government abandons the irrigation project and returns the land to the public, the clock for meeting the desert-land rules starts when notice of abandonment and restoration is given. The claimant will get credit for money spent and improvements already made if they file proof. If the reclamation project is finished and water becomes available for the claimed land, the claimant must follow the rules of the June 17, 1902 Act. After notice from the Secretary of the Interior, and not less than two years later, the claimant must give up any land beyond one farm unit (as the Secretary decides). For the one farm unit kept, the claimant can make final proof and get a patent if they follow the Secretary’s regulations for the project’s irrigable land and the payment terms in the 1902 Act. A claimant who already owns a water right and reclaims the land is not required to accept the Reclamation Act’s conditions.

Full Legal Text

Title 43, §448

Public Lands, Source: USLM XML via OLRC

Where any bona fide desert-land entry has been or may be embraced within the exterior limits of any land withdrawal or irrigation project under the Act of June 17, 1902, and the desert-land entryman has been or may be directly or indirectly hindered, delayed, or prevented from making improvements or from reclaiming the land embraced in any such entry by reason of such land withdrawal or irrigation project, the time during which the desert-land entryman has been or may be so hindered, delayed, or prevented from complying with the desert-land law shall not be computed in determining the time within which such entryman has been or may be required to make improvements or reclaim the land embraced within any such desert-land entry: Provided, That if after investigation the irrigation project has been or may be abandoned by the Government, time for compliance with the desert-land law by any such entryman shall begin to run from the date of notice of such abandonment of the project and the restoration to the public domain of the lands withdrawn in connection therewith, and credit shall be allowed for all expenditures and improvements theretofore made on any such desert-land entry of which proof has been or may be filed; but if the reclamation project is carried to completion so as to make available a water supply for the land embraced in any such desert-land entry the entryman shall thereupon comply with all the provisions of the aforesaid action of June 17, 1902, and shall relinquish within a reasonable time after notice as the Secretary may prescribe and not less than two years all land embraced within his desert-land entry in excess of one farm unit, as determined by the Secretary of the Interior, and as to such retained farm unit he shall be entitled to make final proof and obtain patent upon compliance with the regulations of said Secretary applicable to the remainder of the irrigable land of the project and with the terms of payment prescribed in said Act of June 17, 1902, and not otherwise. But nothing herein contained shall be held to require a desert-land entryman who owns a water right and reclaims the land embraced in his entry to accept the conditions of said reclamation Act.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

Act of
June 17, 1902, and said reclamation Act, referred to in text, are act
June 17, 1902, ch. 1093, 32 Stat. 388, popularly known as the Reclamation Act, which is classified generally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 371 of this title and Tables.

Amendments

1930—Act June 6, 1930, among other changes, inserted “within a reasonable time after notice as the Secretary may prescribe and not less than two years”, “

Regulations

of said Secretary applicable to the remainder of the irrigable land of the project”, and substituted provisions specifying one farm unit, as determined by the Secretary of the Interior for provisions specifying 160 acres.

Reference

Citations & Metadata

Citation

43 U.S.C. § 448

Title 43, Public Lands

Last Updated

Sep 23, 2026

Release point: 119-110