The Desert Land Act in Mid-Twentieth Century: Issues and Problems

Excerpts from the Introduction: The Desert Land Act, which became law on March 3, 1877, permits individuals to acquire title to public land for the purpose of developing irrigated farms. In passing the Act, Congress emphasized the importance of private enterprise. In many respects, the bill was more liberal than the Homestead Law. But the limited amount of public control permitted many abuses. Proof for patent was made frequently without meeting the requirements of the Act. Much land was transferred to private ownership under the Act during the first several decades after its passage, but the program in general has fallen short of Congressional expectations in this respect. Problems related to the desert land program may be divided into three main categories: (1) The basic legislation--the Desert Land Act as amended, and other pertinent legislation in terms of present needs; (2) administrative machinery and costs of administration; and (3) individual and community problems connected with development of land and water resources under the program. In this report, consideration will first be given to the basic legislation and to the administrative policies that constitute the framework within which individuals try to develop the land and water and to obtain ownership. We will next examine and appraise activity under this legislation in the last 16 years. Finally, we will review and analyze the main problems with respect to administration, water supply, water rights, and promotion and speculation. It is hoped that the report will provide basic information for use of those interested in administration of public land programs.