§ 36-7-403 — Application for entry; certificate of location; payments

Any adult citizen of the United States or any adult person
having declared his intention of becoming a citizen of the
United States, may make application, under oath, to the board,
to enter any of said land in an amount not to exceed one hundred
and sixty (160) acres for any one (1) person; and such
application shall set forth that the person desiring to make
such entry does so for the purpose of actual reclamation,
cultivation and settlement in accordance with the act of
congress and the laws of this state relating thereto, and that
the applicant has never received the benefit of the provisions
of this act to an amount greater than one hundred and sixty
(160) acres, including the number of acres specified in the
application under consideration. Such application must be
accompanied by an original signed copy or a certified copy of a
contract for a water right, made and entered into by the party
making the application with the person, company or association
who have been authorized by the board to furnish water for the
reclamation of said lands, or, if the person, company or
association who has been authorized by the board to furnish
water for the reclamation of said lands is not the owner of the
water right attached and appurtenant to the land upon which the
applicant seeks to file, then, with the bona fide owner of said
water right; such application for entry shall be made within
thirty (30) days from the time the applicant shall have
contracted with the owners of the water right attached and
appurtenant to the land for the purchase of a proportionate
interest in said water right, and it shall be the duty of the
owners of the water rights to notify the director whenever they
have contracted with applicants for the purchase of
proportionate interests in said water rights; and if said
applicant has at any previous time entered lands under the
provisions of this article, he shall so state in his
application, together with description, date of entry and
location of said land. The board shall thereupon file in its
office the application and papers relating thereto, and, if
allowed, issue a certificate of location to the applicant. All
applications for entry shall be accompanied by a payment of
twenty-five cents ($.25) per acre, which shall be paid as a
partial payment on the land if the application is allowed; and
all certificates when issued shall be recorded in a book to be
kept for that purpose. If the application is not allowed, the
twenty-five cents ($.25) per acre accompanying it shall be
returned to the applicant; provided, that where the construction
company fails to furnish water to any settler under the
provisions of its contract with the state, the state shall
refund to such settler, all payments that he shall have made to
the state. The board shall dispose of all lands accepted by the
state under the provisions of this article at a uniform price of
fifty cents ($.50) per acre, half to be paid at the time of
entry and the remainder at the time of making final proof by the
settler; and, provided, further, that whenever any citizen of
the United States, or any person having declared his intention
of becoming a citizen of the United States, shall make
application as provided in this section to enter any of said
land in an amount not exceeding one hundred and sixty (160)
acres, and shall further prove to the satisfaction of the board
that he or she is the father or mother of eight (8) living
children, it shall be the duty of the board to permit the
application for entry by him or her without charge and to issue
a certificate of location to such applicant without charge, and
to dispose of such lands to said applicant upon final proof
being made.