By Michael King 

Prescott's early water supply issues are closely tied to the evolution of public land policies and the designation of the Prescott Forest Reserve. Following the Revolutionary War, lands between the Appalachian Mountains and the Mississippi River came under federal ownership. Due to the large military debt and financial needs of a fledgling nation these lands were viewed as important sources of revenue. Tariffs, taxes and land sales were major sources of income for our new nation. 

Later treaties, wars and purchases such as the Louisiana Purchase added to the federal public domain estate. To deal with these land sales, the General Land Office (GLO) was created in 1812 and later, the Department of Interior (DOI) in 1849, to handle the responsibilities of land sales, grants and public land management.

Early public land policy revolved around the idea that the federal government would play a limited role in the political and economic affairs of the nation. Therefore, public land was viewed as being temporary and land was to be disposed of to the states and private parties for developing the country. Early Congressional thinking was two fold: land would be purchased from the federal government and that settlement would be done according to land survey principles. 

Over time, Congress debated the thought of giving away land to promote expansion and settlement. Homestead Laws were enacted, primarily to support farming and animal production purposes. Grants were issued for canals and railroads for transportation and to promote commerce. The Department of Agriculture was created in 1862 to assist farmers in their farming and animal husbandry efforts. Also in 1862, the Morrill Act was passed transferring nearly 8 million acres of lands to states. The purpose was to make lands available for sale by the states and use the proceeds for supporting colleges of agriculture and the mechanical arts. 

With the philosophy that most public lands would eventually be privately owned or transferred to states, Congress passed only a few laws calling for their protection. Even with the few laws or rules to administer, the General Land Office was overwhelmed with the workload and administration of the nation's public domain. Private abuses and fraud were abundant in administering the Homestead laws, grants, and protection policies. Annual reports of the GLO and Department of Interior were abundant with complaints of fraud, theft, and misrepresentation. Forest protection legislation was mentioned as "being absolutely necessary." 

Land uses in the settled East and Midwest resulted in forest removal for expansion and to support the wood dependant society. The abundant forests of the Lake States were high graded of valuable species and not reforested. The term "cut and run" was used to describe the land ethic of the timber industry of the time. The increasing deterioration of the watersheds due to erosion from vegetation removal by grazing, mining and tree harvesting drew the attention of the scientists and some writers in the 1860s and 1870s. In 1864, George Perkins Marsh wrote his classic monologue, 'Man and Nature.' He warned of the consequences of environmental deterioration and lectured extensively about the ethics of proper land use. During this period the concept of "conservation" was born and conservation groups were formed. Various governmental and forestry officials reported an impending "national timber famine." Public awareness for the importance of forests increased. 

Congressional response to the idea of conservation and setting aside public land was sporadic. Westerners were slow to accept these ideas and the thoughts of government regulations or land preserves were controversial. Even so, Congress authorized the first major public land reservation by establishing Yellowstone National Park in 1872. This public park was dedicated "for the purposes of pleasure and recreation of the people." (The Park Service was not formally created until 1919 and the Army, under the Secretary of War, administered the park. The current National Park Service uniform hat is a remnant of the early Army uniform.) 

In the 1870s, other land disposal laws were passed. The Timber Culture Act and the Timber and Stone Act were enacted which allowed forestry and mineral extraction as a rationale for privatizing public land. Also various mining laws, including the 1872 Mining Act, allowed private use of public resources without remuneration. 

Three decades of scientific opinion, public awareness and congressional debate about "reserving land for the public interest" resulted in one of the most important acts in the history of conservation: The Forest Reserve Act of 1891. This legislation was primarily focused in revising some of the previous land laws. However, last-minute adjustments between the Senate and House language in the bill resulted in a little known or understood provision. Section 24 of the legislation provided "That the President of the United States may, from time to time, set apart and reserve, in any state or territory having public land bearing forests, in any part of the public lands wholly or in part covered with timber or undergrowth, whether of commercial value or not, as public reservations, and as President shall, by public proclamation, declare the establishment of such reservations and the limits thereof." 

Concurrently, the 1860s to 1890s were Arizona Territory's developing years and during this time Prescott served as the territorial capital on two occasions. Prescott and Yavapai County experienced similar conditions that existed throughout the American West. Mining was the main driver of community economic activity. Stream and ephemeral waterways were scarred. Vast stands of trees were cut from the Bradshaw Mountains and Mingus Mountains for mining timbers, charcoal kilns, building materials, railroad ties and fuel wood. Grazing was very evident and often degraded the soil, vegetation, wildlife and watersheds. While a General Land Office presence existed in Northern Arizona and Prescott, land abuse, trespass, theft of timber and mineral resources were sorely evident. 

Michael King is the retired Forest Supervisor of the Prescott National Forest (1995-2005). He is interested in local and regional history and is a tour guide and a volunteer at the Sharlot Hall Museum and Prescott Chamber of Commerce. He also participates in numerous community service organizations such as the Yavapai Cemetery Association, Prescott Sunup Rotary, and Sacred Heart parish. 


Sharlot Hall Museum Photograph Call Number:(L105pa)
Reuse only by permission.
Logging in the Sierra Ancha Mountains, near Roosevelt, AZ, 1909. The logging and lumbering business helped spur several pieces of federal legislation protecting public lands from environmental deterioration, including the Forest Reserve Act of 1891.