43 U.S.C. § 333

Extension of time for completion of irrigation works

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Any entryman under sections 321 to 323, 325, and 327 to 329 of this title who shall show to the satisfaction of the Secretary of the Interior or such officer as he may designate that he has in good faith complied with the terms, requirements, and provisions of said sections, but that because of some unavoidable delay in the construction of the irrigating works intended to convey water to the said lands, he is, without fault on his part, unable to make proof of the reclamation and cultivation of said land, as required by said sections, shall, upon filing his corroborated affidavit with the land office in which said land is located, setting forth said facts, be allowed an additional period of not to exceed three years, within the discretion of the Secretary or such officer, within which to furnish proof as required by said sections of the completion of said work.

Notes of Decisions

Cited in 2 cases, 1971–1977 · leading case: Elaine S. Stickelman v. United States of Am., 563 F.2d 413 (9th Cir. 1977).

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Elaine S. Stickelman v. United States of Am., 563 F.2d 413 (9th Cir. 1977). · cites it 2× “Claiming “unavoidable delay in the construction of irrigation works”, she applied for and was granted a two-year extension under 43 U.S.C. § 333 . Ill health and financial reverses again caused Stickelman to fail to “prove up”, and she requested a second extension, under 43 U.”

Clarkson v. United States, 194 Ct. Cl. 963 (Ct. Cl. 1971). “52 , 43 U.S.C. § 333 . Later, a suspension to prove up the entry was granted by the Commissioner of the General Land Office (from January 27,1920 to April 26,1923) when adverse action was taken against the Mount Signal Canal Company, a local source of water.”

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