Butte Creek & the Carey Act in Southeast Colorado


ABOVE: One of many discussions about bringing irrigation to the Southeast Colorado Prairie prior to the construction of the Two Buttes Dam – Garden City Sentinel (Garden City, Kansas) 4 Jan 1890.

The possibility of a dam on Two Buttes Creek had been discussed as early as the 1880’s by early settlers in the area, but it was after the turn of the century before anyone attempted to develop the idea.  

Dr. W. D. Purse of Rocky Ford, Colo. visited the area and made some preliminary surveys in Feb 1906.  Mr. John F. Patterson may have been one of the first people to suggest to Dr. Purse the possibility of the reservoir site.  The Oscar F. Downing family also forwarded Dr. Purse with considerable information regarding the discharge of the creek and Mrs. Downing  kept an approximate record of the floods occurring during 1908 for Dr. Purse’s benefit.

(Photo courtesy of the Eldon and Virginia Campbell collection).

Mr. Thomas J. Sayler and Mr. D. B. Knowles were also interested in the project and were making the necessary arrangements to finance it, when the panic of 1907 prevented further participation by them (Source: Handwritten notes from the Eldon & Virginia Campbell collection).

(Photo courtesy of the Eldon and Virginia Campbell collection).
The Lamar Register (Lamar, Colorado) 26 May 1909
The Lamar Register (Lamar, Colorado) 26 May 1909

In those olden times, rains would come and without any dams holding back the water rains of the watershed on the prairie creek would create heavy runoff.  The runoff of course if it could be stored or redirected could change the landscape of the dry prairie lying above the canyon walls.  

The following photos along with their caption are provided as examples of Butte creek prior to the construction of the Two Buttes Reservoir dam.

ABOVE: “Small Flood on Two Buttes Creek prior to dam construction” (Photo courtesy of the Eldon and Virginia Campbell collection).

The Carey Act of 1894 (also known as the Federal Desert Land Act)allowed private companies in the U.S. to erect irrigation systems in the western semi-arid states, and profit from the sales of water. The Carey Act was enacted into law by Congress by the Act of August 18, 1894 (28 Stat. 422), as amended (43 U.S.C. 641 et seq.). It was a new approach for the disposal of public desert land, as the federal government decided this task was too large for individual settlers.  Although Idaho and Wyoming are most often mentioned in conjunction with this act, a significant project was connected to Southeast Colorado.  

ABOVE: “Flood water running down Two Buttes Creek near site of the dam.” (Photo courtesy of the Eldon and Virginia Campbell collection)

The Carey Act

The Carey Act was a federal law enacted in the United States in 1894, during the presidency of Grover Cleveland. The act was named after Joseph Carey, a senator from Wyoming who introduced the legislation.

The Carey Act aimed to encourage the development and settlement of arid and semi-arid lands in the western United States by transferring federally-owned land to the states. Under the act, each state was granted up to one million acres of public land, which could be sold to private individuals or companies for the purpose of irrigation and reclamation.

The Carey Act was part of a broader effort by the federal government to promote westward expansion and increase agricultural productivity in the arid regions of the western United States. The act encouraged the development of large-scale irrigation projects and the establishment of new towns and settlements in previously uninhabitable areas.

Overall, the Carey Act played a significant role in the development of the American West and helped to transform large areas of arid and semi-arid land into productive agricultural regions.  

One of the most ambitious and audacious projects was to irrigate a large area of Southeast Colorado that was in the 1930’s to become known as the capital of the Dust Bowl

Herald and Review (Decatur, Illinois) 20 Aug 1936.

The Springfield Herald, Volume 22, Number 19, January 8, 1909. issue reprinted a Pueblo Chieftain piece on the Two Buttes Irrigation and Reservoir Co project. An  excerpt from the article states:  “The reservoir, when full, will hold water sufficient for two years’ irrigation of the entire (22,000 acre) tract.  As there is always plenty of water in Two Buttes creek, there is absolutely no chance of a drouth or dearth of water. The article follows: 

The Springfield Herald, Volume 22, Number 19, January 8, 1909

A half million-dollar enterprise is assured for Baca and Prowers counties. Incorporation papers have just been filed with the county clerk by The Two Buttes Irrigation and Reservoir Company, with a capital stock of $600,000. The following are the men behind the vast undertaking of the new company:

Lincoln Bancroft, president; T. S. Reed, vice president; W. D. Purse, secretary and chief engineer, and H. H. Eberle, treasurer. This company has contracted with the state to irrigate 22,000 acres in southern Prowers and northeast Baca counties, and the state has made application to the government to segregate that amount of government land under the Carey act.

This will be the second opening in Colorado under the Carey act. The other is in Routt Co.

Work will begin at once. The formal opening is hoped for on July 1, this year.

Under the Carey act any citizen of the United States over 21 years of age can file on 40, 80, 120, or 160 acres as they desire, regardless of any other rights they may have used. They will pay 50 cents per acre for the land and $35 per acre for the water. The cash payment at the time of filing will be 25 cents per acre for the land and $5 per acre for the water. The balance to be paid in ten yearly installments of $3 per acre, and 25 cents per acre when proving up.

The project is in gigantic scope. The water will be impounded in a huge reservoir in the Two Buttes canon, just south of the Two Buttes mountains, and will be held by a dam 102 feet in height and costing more than $200,000. The reservoir will hold 50,000-acre feet of water, when full, but as the company has only applied for 22,000 acres of land, it is the intention to give one cubic foot per second of water for each 80-acre tract.

The reservoir, when full, will hold water sufficient for two years’ irrigation of the entire tract. As there is always plenty of water in Two Buttes creek, there is absolutely no chance of a drouth or dearth of water.

With this large tract of irrigated land added to the already irrigated territory of Lamar, it will give this town prestige over any other town in the state with anything near like its agricultural resources.

Employment to Hundreds

The work will give employment to hundreds of men for months to come. This place will be the headquarters of the new company. Pres. Bancroft is on his way to Washington to complete the final details relative to the segregation of the land, and the work will begin immediately upon his return within the next week.

Unlike the water in this vicinity, drinking water free from alkali can be obtained at depth varying from eighteen to forty feet. On the land itself there is no cactus, not a growth of any sort, save the finest stand of Buffalo grass in eastern Colorado.

There are no “chose spots” in the entire allotment of land, and one acre is equally as desirable as another.

Two Buttes creek has a precipitous water shed of more than 500 square miles. Application for the reservation of this land will be opened about the 25th of January, this month.

The reservoir itself will be of sandstone with rock bottom and rock walls. Construction will begin immediately upon Mr. Bancroft’s return, both on irrigation system and the new townsite.

Splendid Homes

It is expected that this land will furnish splendid and remunerative homes for hundreds, for there is no more fertile or better farming land in the west. Under the Carey act Idaho has reclaimed more than one and three-quarter millions of acres of land.

This enterprise means much to this section and is of inestimable value to Lamar. It means work for all and homes for the many. It is a vast undertaking, but the men behind it assure its completion. Chicago financial institutions have already agreed to underwrite the bonds at Mr. Bancroft’s solicitation, who personally has financed the undertaking thus far. From now on, upon Mr. Bancroft’s return, the work will be pushed with a vim. It is indeed a most auspicious beginning that Lamar makes for the beginning of the new year in the launching of this great irrigation project now successfully on its way to fruition.

From Pueblo Chiefton (Original Spelling, see text to right)

The Lamar Register (Lamar, Colorado) 26 May 1909

Senator Joseph Maull Carey of Wyoming introduced the bill in 1892 but it was not passed by Congress until 1894 when it was attached as a compromise measure to the 1894 Civil Appropriations Bill. The Act established the General Land Office, which was controlled by the federal government. This land office assigned as many as one million acres (4,000 km²) of land for each western state. Each state then had to regulate the new land, selecting private contractors, selecting settlers, and the maximum price they could charge for water. Potential settlers who met specific requirements were granted 160 acres (0.65 km2) each. Projects were financed by the development companies, who eventually handed over control to an operating company.

In most states, settlers had to pay an entry fee, plus a small amount for the land, and meet several guidelines. In Iowa, for example, settlers had to cultivate and irrigate at least one sixteenth of their parcel within one year from the date which water became available. After another year, one eighth had to be cultivated, and by the third year — had the settler lived in the land, and paid all necessary fees — they would receive the deed to that parcel.

Although the act was not as successful as intended both Idaho and Wyoming achieved some successes. In 1908 Idaho received an additional two million acres (8,000 km²) and Wyoming received an additional one million acres (4,000 km²) of land to develop under the Carey Act. Today, approximately 60% of the Carey Act lands irrigated in the United States are in Idaho. Examples of successful Carey Act projects include Boise, Minidoka and Twin Falls.[1] Wyoming was home to some of the first projects under the Carey Act, including the Cody Canal financed by a group of investors led by William F. Cody and supported by then state engineer Elwood Mead. Many of Wyoming’s irrigation projects also began following World War II. Wyoming senator Francis E. Warren was also responsible for bringing the Carey Act to effect.. 

IRRIGATION. 

Irrigation is the application of water to land by some artificial means for the purpose of stimulating the growth of crops. This is done by the construction of ditches which convey the water by action of gravity from the source of supply, be it well, reservoir or stream. These ditches are so alligned and graded that the water will flow through and from them into minor channels, and from these again be distributed in the fields through plowed or drilled furrows. It is a mistaken idea among many eastern people that this mode of farming is a hardship and that necessity for irrigation is a misfortune; while in fact, the necessity and the ability to irrigate the richest soil in America make a fortunate combination of circumstances. Irrigation simply helps nature through the drouth period and insures against crop failure. Irrigation has long since passed the experimental stage and has proven a grand success, so much so. that the United States Government has not only expended over $50,000,000 in direct construction of irrigation works, but has provided through the provisions of the “Carey Act” for the irrigation of millions of acres in addition. 

SOIL

All conditions which surround the settler in this favored region are ideal for his success. The climate is perfect. The sun shin- es at least 325 days in each year. The rainfall is from 15 to 17 inches per annum. The soil is rich, mellow and from 20 to 50 feet deep, without gumbo, alkali, cactus or sage brush, free from stones and ready for the plow. The land slopes gently to the south and east and is most susceptible to easy irrigation and cultivation. 

CROPS. 

Enormous crops of anything which can In* raised in a temperate climate arc produced here. Wheat, alfalfa, oats, barley and other small grains, sugar beets, cantaloupes, watermellons(Original Spelling in Text), potatoes and other vegetables, fruits, such as apples, peaches, plums, cherries and all kinds of berries are produced in abundance; and. finally, three to four crops of alfalfa can be cut each season.

MARKETS. FREE RANGE. 

The market in Colorado is extensive and consumes more than can possibly be grown on the limited areas devoted to irrigation. Several million acres of free range immediately surrounding this body of irrigated land is the- grazing ground for the live stock industry of this part of the west. The thousands of sheep, cattle amd horses that range here demand a vast supply of alfalfa, thus creating a home market for this abundant crop. The stock feeding industry of this section is yet in its infancy.

RESERVOIR. 

The reservoir, or lake, which supplies the water for this irrigation system is created by building a huge dam across Two Buttes Creek canyon. This reservoir when filled will be 20 miles around the shore line and the water at the dam will be 96 feet deep. This water if placed on level ground would cover 50,000 acres one foot deep. Nature has lined this canyon with solid rock so that there will be a very small loss of water from seepage and evaporation.

DAM. 

The dam will be constructed of earth, rock ami cement and will be 520 feet thick at the base or nearly one tent li of a mile. It will be 102 feet in height and 50 feet thick at the high-water line, making a most permanent structure, which will be built under the supervision of the State Engineer of Colorado.

SPILLWAYS AND TUNNEL. 

Ample spillways will be made to carry any excess of flood water. A tunnel will also be made through solid rock to supply the canals with water from the reservoir. 

THE CANAL. 

The main canal will carry a volume of water 14 feet wide at the bottom and 24 feet wide on the top and 5 feet deep to the smaller distributing canals which convoy it direct to each piece of land to lie irrigated. 

WATER ARTESIAN. 

The water for domestic use is very soft. cold, pure and absolutely free from alkali. It is obtained at various depths averaging about 80 ft. NO BETTER WATER CAN BE FOUND ANYWHERE in the United States.

One of the great advantages in this favored district is the shallow depth to Artesian water. The Government report shows that Flowing Artesian wells can be had at a depth of about 200 feet. At present the nearest one to these lands is 10 miles away and is 155 feet deep. 

Water for stock purposes will be furnished from the ditches. 

RAILROAD FACILITIES. 

The lands are from 25 to 35 miles south of the Santa Fe railroad, but no doubt a road will be built to accommodate the settlers in a very short time. 

REASONS WHY. 

Ist. We have more rainfall. 

2nd. We are several hundred miles nearer eastern markets. 

3rd. Our climate and water cannot be excelled. 

4th. The best of cedar posts and wood can be obtained free at the foothills a short distance away. 

6th. We are within a few hours ride of Denver and the sum mer resorts of the mountains. 

7th. Our altitude is 4100 feet above the sea level which is considered by the Government to be the healthiest altitude and climate in the United States. This is shown by their building the Naval Sanatorium for tubercular sailors at Fort Lyons, Colorado. which is but 60 miles distance. 

11,000 ACRES OPEN FOR PRIVATE SELECTION, JUNE 10, 1909.

 11,000 acres of this tract will be thrown open to entry by private selection June 10, 1909 and a drawing for selections will be conducted at some future date for the remaining 11,000 acres to be irrigated. 

The price of the land will be 50 cents per acre, 25 cents thereof must be paid to the State at the time of filing, accompanied by a filing fee of $100, the remaining 25 cents to be paid to the State at the time of making final proof. The price at which perpetual water rights for said lands including a proportionate interest in said irrigation system, will sold by THE TWO BUTTES IRRIGATION AND RESERVOIR COMPANY is $35.00 per acre, payable; $5.00 per acre at the time of entering into a contract with said company for the purchase of said water right, and $3.00 per acre annually for 10: years, beginning at the end of the second year. On all deferred payments interest at the rate of 6 per cent payable annually, is charged. No payment except interest is due at the end of the first year. 

If you prefer making your own selection rather than to participate in the drawing, you should at once contract with The Two Buttes Irrigation and Reservoir Company, Lamar Colo, for a perpetual water right for the land you desire to file upon ; make the first payment thereon of $5.00 per acre to the (Bank to be designated before June 10) Bank of Lamar. Colorado, and pay to the State 25 cents per acre on the land together with the necessary filing fee of $1.00. The _________________Bank of Lamar. Colorado, appointed joint agent for the State of Colorado and the Two Buttes Irrigation and Reservoir Company is empowered to receive payments on water rights and authorized to hold same in escrow until the irrigation system is completed. In case of failure of said company to complete said works,  then all monies held by said bank shall be returned to the settler with all accrued interest.

OPENING. 

June 10, 1909 11,000 acres will be thrown open for settlement and entry at Lamar, Colorado, in the manner as follows: “The price at which said lands will be sold to settlers by the State will be 50 cents per acre, twenty-five cents thereof to be paid at the time of making application for entry, and the remaining twenty-five cents to be paid at the time of making final proof. A filing fee of $1.00 must accompany each application. Perpetual water rights for said lands will be sold by The Two Buttes Irrigation and Reservoir Company, Lamar, Colorado. the contractor for the construction of said system, at $35.00 per acre, payable $5.00 per acre at time of entering into contract with said company for the purchase of said water right, and $3.00 per acre annually for ten years, beginning at the end of the second year. On all defered payments interest at the rate of 6 per cent, payable annually, is charged. No payment except interest is due at the end of the first year. The first payment of $5.00 per acre on water rights is to be deposited with the Bank of Lamar. Colorado, which is  authorized to receive said deposits and issue receipts therefor. Any qualified person desiring to enter said lands, and desiring to enter into a contract with said company for a perpetual water right therefor, shall make application to The Two Buttes Irrigation and Reservoir Company. Lamar. Colorado and deposit with the Bank, Lamar, Colorado the first payment of $5.00 per acre on said water right, and 25 cents per acre on the land for the State of Colorado, and $1.00 filing fee. All moneys deposited upon water right contracts will be held in escrow by the Bank of Lamar, Colorado subject to delivery to The Two Buttes Irrigation and Reservoir Company when they shall have completed said irrigation system; and shall be returned to the depositor upon surrender of his contract if said system be not completed.

WHO MAY FILE ON LAND? 

Married women who are not the heads of families cannot make entry. Any other citizen of the United States, male or female, over the age of 21 years, may file on not to exceed 160 acres. It makes no difference what entries a person has made under the government land laws, or how much land he owns, he still has the right to enter 160 acres of Carey Act Lands.

 SECURING TITLE RESIDENCE 

Each entry man, within six months after he is notified that the water is available, must begin his residence on the land. If he desires to prove up at once he may do so in about 30 days, by placing one-eighth of the land 

(Continued on next page.)

under irrigation and producing a growing crop thereon. Or In* may take the full limit of the law to do this and continue his residence for three years. When the settler has proven up lie receives a patent or deed to the land from the slate. PROXIES. One person may authorize another by “power of attorney,” to act for him. sign the water contract, and make application for the land, hut. when it comes to making residence and final proof the principal only is (nullified to act. Also, one person may act as attorney in fact for any number of persons. Blanks for this purpose may be obtained on application to us.

VIEWING THE LAND. 

It is the desire of the company and the State of Colorado that prospective settlers make an independent investigation and examination of the irrigation system and the lands before filing. To make this easy and possible all persons who make their deposits with the Bank, Lamar Colorado, will be met at Lamar with automobiles and other vehicles of the company, and. without cost, will be driven over the tract They will be given every opportunity to inspect and personally select the land they desire to file upon. These deposits are now. being received, and those intending to make entry either in person or by proxy, are strongly advised to make their deposits at as early a date as convenient. 

By making the deposit in advance you can when you reach tract, spend all of your time in looking over the land, getting information. and selecting the particular tract you desire to file on The more time you can spend in this way the better qualified you can be.

The Springfield Herald provided the following updates in the spring of 1909.

To Be Continued…

Available on Amazon.com

Leave a Reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.