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102 RIGHTS OF BUREAU OF RECLAMATION IN NATIONAL PARKS

NOTES

The statement "The United States Reclamation Service may enter upon and utilize for flowage or other purposes any area within said park which may be necessary for the development and maintenance of a Government reclamation project" is also contained in section 1 of the act of January 26, 1915, 38 Stat. 798 (U. S. C., title 16, sec. 191), establishing the Rocky Mountain National Park in Colorado; and in section 1 of the act of August 9, 1916, 39 Stat. 442 (U. S. C., title 16, sec. 201), establishing the Lassen Volcanic National Park in California.

Section 7 of the act of February 26, 1919, 40 Stat. 1178 (U. S. C., title 16, sec. 227), relating to the establishment of the Grand Canyon National Park in Arizona, reads as follows:

"Whenever consistent with the primary purposes of said park, the Secretary of the Interior is authorized to permit the utilization of areas therein which may be necessary for the development and maintenance of a Government reclamation project.”

Act of March 3, 1921 (41 Stat. 1353), requires consent of Congress to construct waterways, etc., in national parks and national monuments. See Solicitor's opinion, July 19, 1935, following act of March 3, 1921, holding special act of January 26, 1915, authorizing Bureau to construct works in Rocky Mountain National Park, was not repealed by act of March 3, 1921.

TREATY WITH GREAT BRITAIN REGARDING ST. MARY AND MILK

RIVERS, MONT.

[Extract from] Treaty between the United States and Great Britain relating to boundary waters between the United States and Canada. Signed at Washington, January 11, 1909; ratification

advised by the Senate, March 3, 1909; ratified by the President, April 1, 1910; ratified by Great Britain, March 31, 1910; ratifications exchanged at Washington, May 5, 1910 ; proclaimed May 13, 1910; 36 Stat. 2451.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

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ART. 6. The high contracting parties agree that the St. Mary and Milk Rivers and their tributaries (in the State of Montana and the Provinces of Alberta and Saskatchewan) are to be treated as one stream for the purposes of irrigation and power, and the waters thereof shall be apportioned equally between the two countries, but in making such equal apportionment more than half may be taken from one river and less than half from the other by either country, so as to afford a more beneficial use to each. It is further agreed that in the division of such waters during the irrigation season, between the 1st of April and 31st of October, inclusive, annually, the United States is entitled to a prior appropriation of 500 cubic feet per second of the waters of the Milk River, or so much of such amount as constitutes three-fourths of its natural flow, and that Canada is entitled to a prior appropriation of 500 cubic feet per second of the flow of St. Mary River, or so much of such amount as constitutes three-fourths of its natural flow.

The channel of the Milk River in Canada may be used at the convenience of the United States for the conveyance, while passing through Canadian territory, of waters diverted from the St. Mary River. The provisions of article 2 of this treaty shall apply to any injury resulting to property in Canada from the conveyance of such waters through the Milk River.

The measurement and apportionment of the water to be used by each country shall from time to time be made jointly by the properly constituted reclamation officers of the United States and the properly constituted irrigation officers of His Majesty, under the direction of the International Joint Commission.

NOTES

Interpretation of article. For an extended discussion of the intent of this article see printed briefs and arguments on file with the International Joint

104 TREATY, GREAT BRITAIN-ST. MARY AND MILK RIVER, MONT.

Commission, which were presented to that body, at St. Paul, Minn., in May, 1915, and at Detroit, Mich., in May, 1917.

See also text of the decision handed down by the International Joint Commission on October 4, 1921, printed in Reclamation Record of November, 1921,

page 515.

Use of reclamation fund in connection with work under above treaty.-lu a decision rendered July 18, 1924 (A-2537), the Comptroller General ruled that the appropriation of $100,000 for investigations of secondary projects from the reclamation fund made by act of January 24, 1923 (42 Stat. 1207), could not be used on work under above article 6, such work not being in connection with "examination and survey for the construction and maintenance of irrigation works, etc.," and not within the purpose for which the reclamation fund was established.

The Board of Survey and Adjustments, appointed to carry into effect the provisions of subsection K, section 4, act of December 5, 1924 (43 Stat. 701), made the following recommendation regarding charges for stream gauging against the Milk River project: “The cost of measuring the waters of St. Mary and Milk Rivers, in accordance with the international treaty, has been charged to the construction account of the project. It seems to us that this cost should not be borne by the reclamation fund at all, but should

be cared for by Congress as an item of general importance to the country.” (House Document No. 201, 69th Cong., 1st sess., p. 31. See also sec. 20, omnibus adjustment act of May 25, 1926, 44 Stat. 640).

The act of March 3, 1925 (43 Stat. 1141), appropriated $10,000 to meet the requirements of article 6, above treaty.

REAPPRAISEMENT OF UNSOLD TOWN LOTS

An act providing for the reappraisement of unsold lots in town sites on reclamation projects,

and for other purposes. (Act June 11, 1910, ch. 284, 36 Stat. 465)

[Sec. 1. Reappraisal and sale of unsold lots within reclamation town sites. ]—That the Secretary of the Interior is hereby authorized, whenever he may deem it necessary, to reappraise all unsold lots within town sites on projects under the reclamation act heretofore or hereafter appraised under the provisions of the act approved April sixteenth, nineteen hundred and six, entitled "An act providing for the withdrawal from public entry of lands needed for townsite purposes in connection with irrigation projects under the reclamation act of June seventeenth, nineteen hundred and two, and for other purposes," and the act approved June twenty-seventh, nineteen hundred and six, entitled “An act providing for the subdivision of lands entered under the reclamation act, and for other purposes”; and thereafter to proceed with the sale of such town lots in accordance with said acts. (36 Stat. 465.) Textual note.—This section is codified as section 564, title 43, United States Code.

Sec. 2. [Terms of payment.]—That in the sale of town lots under the provisions of the said acts of April sixteenth and June twentyseventh, nineteen hundred and six, the Secretary of the Interior may, in his discretion, require payment for such town lots in full at time of sale or in annual installments, not exceeding five, with interest at the rate of six per centum per annum on deferred payments. (36 Stat. 466.)

Textual note. This section is codified as section 565, title 43, United States Code.

NOTE

Regulations. See General Land Office instructions of September 13, 1910, 39 L. D. 202, and of April 27, 1927, 52 L. D. 118.

8580837—8

NEW MEXICO AND ARIZONA ENABLING ACT

[Extracts from] An act to enable the people of New Mexico to form a constitution and

State government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a constitution and State government and be admitted into the Union on an equal footing with the original States. (Act June 20, 1910, ch. 310, 36 Stat. 557)

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[Sec. 2. Acquiescence in reclamation projects.]-Seventh. That there be and are reserved to the United States, with full acquiescence of the State (New Mexico) all rights and powers for the carrying out of the provisions by the United States of the act of Congress entitled “An act appropriating the receipts from the sale and disposal of public lands in certain States and Territories to the construction of irrigation works for the reclamation of arid lands," approved June seventeenth, nineteen hundred and two, and acts amendatory thereof or supplementary thereto, to the same extent as if said State had remained a Territory. (36 Stat. 559.)

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An identical provision regarding the State of Arizona will be found in the same act, at page 570. [Sale of lands—Relinquishment for irrigation works—Lieu grants. ]

no lands (in New Mexico) which are or shall be susceptible of irrigation under any projects now or hereafter completed or adopted by the United States under legislation for the reclamation of lands, or under any other project for the reclamation of lands, shall be sold at less than twenty-five dollars per acre: Provided, That said State, at the request of the Secretary of the Interior, shall from time to time relinquish such of its lands to the United States as at any time are needed for irrigation works in connection with any such Government project; and other lands in lieu thereof are hereby granted to said State, to be selected from lands of the character named and in the manner prescribed in section eleven of this act. (36 Stat. 564.)

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A similar provision regarding the State of Arizona will be found in the same act, at page 574, the only difference being found in the next to the last line of the provision. Instead of "section eleven” reference is made to section twenty-four.

NOTES

Prospecting permit.—Lands reconveyed to the United States by the State of New Mexico for reclamation purposes pursuant to the enabling act of June 20, 1910, which contains an indemnity provision as consideration for such transfers, occupy a status similar to that of withdrawn public lands rather than that of lands acquired by purchase or condemnation, and the granting of permits to prospect for oil or gas upon such lands will be dependent upon the determination of whether or not their restoration will be detrimental to the project. (J. D. Mell et al., 50 L. D. 309.)

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