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INDIAN LANDS FOR AMERICAN FALLS RESERVOIR

An act authorizing the acquiring of Indian lands on the Fort Hall Indian Reservation, in Idaho, for reservoir purposes in connection with the Minidoka irrigation project. (Act May 9, 1924, ch. 151, 43 Stat. 117)

[Sec. 1. Lands to be acquired—Description-Right of Indians. ]—That subject to payment being made as provided herein, there is hereby granted to the United States, its successors and assigns, for the proposed American Falls Reservoir on the Snake River under the Minidoka Federal irrigation project, in Idaho, all right, title, and interest the Indians have to the tribal and allotted lands within that section of the Fort Hall Indian Reservation commonly referred to as the Fort Hall Bottoms, which lands will be inundated by the impounding of one million seven hundred thousand acre-feet of water within said proposed reservoir, together with a five-foot freeboard the elevation of which shall be established, using as a basis the one million five hundred thousand acre-foot contour line as shown in what is known as the Dyer-Dietz-Banks appraisal of Indian lands dated December 30, 1922, and on file in the Department of the Interior subject to the reservation of an easement to the Fort Hall Indians to use the said lands for grazing, hunting, fishing, and gathering of wood, and so forth, the same way as obtained prior to this enactment, in so far as such uses shall not interfere with the use of said lands for reservoir purposes. (43 Stat. 117.)

Sec. 2. [Agreement or condemnation authorized — Appraisal-Payment. ]— That the Secretary of the Interior be, and he is hereby, authorized to acquire by agreement or condemnation proceedings the area of allotted lands described in section 1. The value fixed by agreement with the allottees, and in any case where it may become necessary to institute condemnation proceedings for such purpose, the value of the allotment or allotments involved as determined by such proceedings, shall be paid out of the sum deposited to the credit of the Fort Hall Indians as provided in section 3 hereof. (43 Stat. 117.)

NOTE

Cross reference. -See act of June 5, 1924 (43 Stat. 417), restricting expenditures for above purpose.

Sec. 3. [Amount to be taken from reservoir construction money and deposited to credit of Indians. ]—That in consideration of the rights granted in section 1 hereof, of both tribal and allotted lands, there shall be deposited in the Treasury of the United States to the credit of the Fort Hall Indians the total sum of $700,000, which sum shall be taken from moneys appropriated for the construction of said reservoir: Provided, That the said sum of $700,000, when so deposited, shall draw interest at the rate of 4 per centum per annum. (43 Stat. 117.)

INDIAN LANDS FOR AMERICAN FALLS RESERVOIR

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Sec. 4. [Appraisal of damages to adjoining lands-Determination by board-Payment for.]-Should any lands above the five-foot freeboard, as provided in section 1, be damaged on account of the reservoir, the amount of the damage shall be determined by a board consisting of three members—two of which shall be appointed by the Secretary of the Interior—one from the Bureau of Indian Affairs, and one from the Bureau of Reclamation, the third member, whó shall be a disinterested party, to be selected by the two so appointed. The amount of damage as fixed by the board shall be taken from moneys appropriated for the construction of said reservoir and deposited in the Treasury of the United States to the credit of the Fort Hall Indians. (43 Stat. 117.)

Sec. 5. [Amount for relocation, etc., of main canal to irrigate Indian lands—Reimbursement by Indians benefited.]—That there is hereby authorized to be appropriated not to exceed $100,000 of the money when deposited to the credit of the Fort Hall Tribe of Indians for use in relocating, enlarging, and reconstructing the main canal of the Fort Hall irrigation project to provide irrigation facilities for Indian lands situated in the southern portion of the Fort Hall Reservation, commonly known as the Michaud Flats, which amount so expended shall be reimbursed to the tribe by the Indians whose lands are benefited, on a per acre basis in accordance with such rules and regulations as the Secretary of the Interior may prescribe: Provided, That in all cases where the Indian title becomes extinguished prior to total reimbursement of the sum assessed against any particular allotment, the party acquiring title to such allotment shall be required to execute an agreement before any water will be furnished therefor, providing for the payment of construction charges assessed against such lands, and for the payment of the annual operation and maintenance charges. (43 Stat. 118.)

INVESTIGATIONS ON THE RIO GRANDE

An act providing for a study regarding the equitable use of the waters of the Rio Grande

below Fort Quitman, Texas, in cooperation with the United States of Mexico. (Act May 13, 1924, ch. 153, 43 Stat, 118)

[Sec. 1. Commission authorized to cooperate with Mexico regarding waters below Fort Quitman.]—That the President is hereby authorized to designate three special commissioners to cooperate with representatives of the United States of Mexico in a study regarding the equitable use of the waters of the Rio Grande below Fort Quitman, Texas, with a view to their proper utilization for irrigation and other beneficial uses. One of the commissioners so appointed shall be an engineer experienced in such work. Upon completion of such study the results shall be reported to Congress. (43 Stat. 118.)

Sec. 2. [Expense authorized. ]—The sum of $20,000 is hereby authorized to be appropriated out of any moneys in the Treasury not otherwise appropriated for carrying out the provisions hereof. (43 Stat. 118.)

NOTES

Amendment.-Act March 3, 1927, Pub. Res. No. 62 (44 Stat. 1403).

Cross references.-See appropriation act of December 5, 1924 (43 Stat. 692), which appropriated $20,000 to meet the expenses of a commission on equitable use of the waters of the Rio Grande, including salaries of commissioners and other employees, etc., designated under the above act. See also act of March 4, 1925 (43 Stat. 1340), reappropriating the $20,000 made available by act of December 5, 1924 (43 Stat. 692). The act of July 3, 1926 (44 Stat. 841, 867), reappropriated and made available until June 30, 1927, the $20,000 made by act of December 5, 1924, and continued available by the act of March 4, 1925.

See act of July 3, 1926 (44 Stat. 841, 864), for provision regarding traveling and subsistence expenses for commission on equitable use of waters of the Rio Grande. See act of December 22, 1927 (45 Stat. 29).

284

CLAIM OF SOUTHERN PACIFIC COMPANY FOR CLOSING BREAK

IN COLORADO RIVER

An act to confer jurisdiction upon the Court of Claims to ascertain the cost to the

South. ern Pacific Company, a corporation, and the amounts expended by it from December 1, 1906, to November 30, 1907, in closing and controlling the break in the Colorado River, and to render judgment therefor, as herein provided. (Act May 26, 1924, ch. 192, 43 Stat. 171)

[Claim referred to Court of Claims-Judgment to be rendered for amount due—Right of appeal-Evidence submitted. ]-Whereas at the request of President Roosevelt, and under the stress of great emergency, from December 1, 1906, to November 30, 1907, the Southern Pacific Com pany closed and controlled the break in the Colorado River and thereby prevented the overflow and destruction of one million two hundred and fourteen thousand acres of irrigable land in the Imperial Valley in southern California, and saved to the Government the Laguna Dam and the Yuma reclamation project connected therewith in Arizona, as well as thousands of acres of other Government land along the Colorado River: Therefore

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the claim of the Southern Pacific Company, a corporation, against the United States for reimbursement and repayment to such company of the cost to said company and the amounts expended by it from December 1, 1906, to November 30, 1907, in closing and controlling the break in the Colorado River, be, and such claim is hereby, referred to the Court of Claims, and full jurisdiction is hereby vested in said court to ascertain the amounts actually expended and the actual costs incurred by the said Southern Pacific Company in closing and controlling said break within said period and to render judgment in favor of said Southern Pacific Company and against the United States of America for such aggregate amounts, less such proportion of such expenditures and costs as would be fair and reasonable to be deducted as said company's share of such expenditures and costs and the share of any subsidiary corporation of said Southern Pacific Company, because of the amount and probable value of the land and improvements thereon belonging at the time to said company, or any subsidiary corporation of said Southern Pacific Company, and which in the opinion of said court were saved by the closing and controlling of said break, as compared with the amount and probable value of the other land, improvements, and other property belonging at the time to the United States Government and occupants and settlers, and exclusive of railroad holdings, and holdings of any subsidiary corporation of said Southern Pacific Company, which, in the opinion of said court, were also saved by the closing and controlling of said break; with the right of appeal to both parties, and no statute of

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CLAIM OF SOUTHERN PACIFIC COMPANY

limitations shall apply to the right of recovery by said claimant. In ascertaining and determining aforesaid costs, expenses, facts, and matters, the court may receive and consider all papers, depositions, records, correspondence, and documents heretofore at any time filed in Congress, or with committees thereof, and in the executive departments of the Government, together with any other evidence offered. (43 Stat. 171.)

NOTE

Cost of closing and controlling break.-Under this act, in Southern Pacific Co. v. United States, judgment was awarded the plaintiff for the cost and amounts expended by it in closing and controlling the break in the Colorado River. Southern Pacific Co, v. United States, decided June 10, 1929 (68 Ct. Cls. 223).

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