§ 36-7-404 — Final proof of reclamation; fee and last payment; right to patent; failure to timely prove

Within three (3) years from the date of the certificate of
location issued to an entryman on the Carey Act lands, the
entryman shall appear before the director, who is hereby
authorized to administer oaths in matters pertaining to the
state of Carey Act lands in Wyoming, a judge or clerk of the
district or circuit court of any state, or commissioner of the
United States district court, and make final proof of
reclamation, settlement, and occupation, which proof shall
embrace evidence that he has a perpetual water right for the
irrigable area of the tract of land so filed upon, sufficient in
volume for the complete irrigation and reclamation thereof, and
has cultivated and irrigated not less than one-fourth part of
the irrigable area of said tract and not less than one-eighth of
the entire tract filed upon, that he has resided upon the land
for the period of time required by the rules of the board, and
such further proof, if any, as may be required by the
regulations of the department of the interior, or the board. The
officer taking this proof shall be entitled to a fee of two
dollars ($2.00), which fee shall be paid by the entryman, and
shall be in addition to the price paid to the state for the
land. All proofs so received shall be submitted by the director
to the board, and shall be accompanied by the last and final
payment for said land, and on the approval of the same by the
said board, shall entitle the said entryman to a patent to said
land, whenever said land shall be patented by the United States
to the state; provided, that when the director shall take such
final proofs, all fees received by him shall be turned in to the
state treasury; provided further, that when an entryman fails to
make final proof within three (3) years from the date of the
issuance of the certificate of location, the board may in its
discretion, after (60) days' notice is given to the entryman by
registered letter to his last known address, cancel the
certificate of location and declare the land covered by such
certificate open to entry.