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<br />. <br /> <br />. <br /> <br />-21- <br /> <br />, <br /> <br />~ ~ ~ \ . <br />. ~. :.. <br />SectIon 10 of the 1916 Act was part of the congressional plan to Imple- <br />ment a system of stock raising homesteads In the western United States. <br />It provided the Secretary of the Interior wIth authority to designate <br />certain areas In the West for stock raising homesteads of, 640 acres.28/ <br /> <br />. The purpose of Section 10 was descrlbed.by the House COmmIttee on Public <br />Lands as follows: <br /> <br />..... <br /> <br />..:.,.d~ <br /> <br />This Is a new section and authorizes the <br />Secretary of the Interior to withdraw <br />from entry and hold open for the general <br />use of the publIc, Important water holes, <br />sprIngs, and other bodies of water that <br />are necessary for large surrounding tracts <br />of country, so that a person cannot monopo- <br />lize or control a large territory by locatIng <br />as a homestead the only aval lab!e water <br />supply for stock In.that vlclnlty.29/ <br /> <br />The 1926 WIthdrawal <br /> <br />2. <br /> <br />Most of the reserved sorings and water holes were created by the PublIc <br />Wilter Reserve No. 107, Executive Order of April 17, 1926,30/ That general <br />withdrawal of public lands states: <br /> <br />";',""'"<':-.-..,.. <br /> <br />Every smallest legal subdivisIon of the <br />public land surveys which Is vacant, <br />unappropriated, unreserved public land <br />and contains a spring or ~aterhole and <br />at I lands within one quarter of a ml Ie <br />of every spring or waterhole, located on <br />unsurveyed public land, be, and the same <br />Is hereby wIthdrawn from settlement, <br /> <br />28/ <br />29/ <br /> <br />43 U.S.C. ~ 291. <br /> <br />H,R. Rep. No. 35, Jan, II, 1916, 64th Congo 1st Sess. <br /> <br />30/ Numerous other specIfic withdrawals were made both prior and <br />subsequent to the 1926 withdrawal, pursuant to the authority granted <br />In the 1910 and 1916 Acts. See, e.g., Public Water Reserve No. <br />19, Colo. No, I, May 14, 1914; PublIc Water Reserve No. 60, Colo. <br />No.2, Feb, 25, 1919; Exec. Order 5389 (July 7, (930). These re~ <br />serves are generally local In character or otherwise minor, and are <br />not dealt with Individually In this opinion, The general approach <br />adopted here In relation to the 1926 Order Is, of course, applIc- <br />able to these reservations. <br /> <br />:....:.:. ~ <br />