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CROW INDIAN IRRIGABLE LANDS

married with them, so far as may be practicable: Provided, however, That if the lands withdrawn under the reclamation act are not disposed of within five years after the passage of this act, then all of said lands so withdrawn shall be disposed of as other lands provided for in this act. That the lands not withdrawn for irrigation under said reclamation act, which lands shall be determined under the direction of the Secretary of the Interior at the earliest practical date, shall be disposed of under the homestead, town site, and mineral land laws of the United States.

(33 Stat. 360.)

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NOTES

Amendment.--The Indian appropriation act of March 3, 1909 (35 Stat. 797), provides that any lands withdrawn under the reclamation act, pursuant to the provisions of the above section, which are not disposed of within five years, shall remain subject to disposal under the provisions of the reclamation act until otherwise directed by the Secretary of the Interior.

INVESTIGATION OF WATERS OF LOWER COLORADO RIVER Joint Resolution directing the Secretary of the Interior to institute an investigation rela

tive to the use of the waters of the Colorado River for irrigation, and to report to Congress thereon. (Res. April 28, 1904, 33 Stat. 591)

[Sec. 1. Irrigation investigation authorized.]—That the Secretary of the Interior is hereby directed to institute an investigation of and report to the Congress on the various questions involved in connection with the use of the waters of the lower Colorado River for the irrigation of arid lands in the State of California and the Territory of Arizona with the view of determining the extent to which the waters of the said stream may be made available for the said purpose through works under the national irrigation act and by private enterprise, and as to what legislation, if any, is necessary to grant or confirm to present and future appropriators and users thereof perpetual rights to the use of said waters for irrigation. (33 Stat. 591.)

Cross reference.-See also act of May 18, 1920 (41 Stat. 600), and Public Resolution No. 62, of March 3, 1927 (44 Stat. 1403).

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USE OF CONSTRUCTION MATERIALS FROM PUBLIC LANDS AND

FORESTS

An act authorizing the use of earth, stone, and timber on the public lands and forest

reserves of the United States in the construction of works under the national irrigation law. (Act February 8, 1905, ch. 552, 33 Stat. 706)

[Section 1. Use of earth, stone, and timber on public lands for irrigation works.]—That in carrying out the provisions of the national irrigation law, approved June seventeenth, nineteen hundred and two, and in constructing works thereunder, the Secretary of the Interior is bereby authorized to use and to permit the use of by those engaged in the construction of works under said law, under rules and regulations to be prescribed by him, such earth, stone, and timber from the public lands of the United States as may be required in the construction of such works, and the Secretary of Agriculture is hereby authorized to permit the use of earth, stone, and timber from the forest reserves of the United States for the same purpose, under rules and regulations to be prescribed by him. (33 Stat. 706.)

Textual note.—This act is codified as section 420, title 43, United States Code. In the code the introductory word “That” is omitted; the words beginning with “the national,' in the first line, and ending with "and two,"' in the second line, are replaced by “this chapter."

NOTES

1 Timber from national forests. Under this act the Reclamation Service (Bureau of Reclamation) may use timber from the national forests without charge in connection with work performed in cooperation with private parties under the provisions of the Warren Act of February 21, 1911 (36 Stat. 925). (In re Jackson Lake, Op. Atty. Gen., July 3, 1915; 30 Op. Atty. Gen. 398.)

Subject to the necessities of reclamation use, the timber on withdrawn lands may be sold by the Department of Agriculture without reference to the Reclamation Service (Bureau of Reclamation). (Op. Atty. Gen., July 3, 1915; 30 Op. Atty. Gen. 398.)

But see act July 19, 1919 (41 Stat. 202), giving additional jurisdiction to Secretary of the Interior.

Forest reserves.—The words "forest reserves” in this act should read "national forests." See act March 4, 1907, ch. 2907, 34 Stat. 1269.

CHANGING LEVELS OF LAKES IN OREGON AND CALIFORNIA

An act authorizing the changing of the levels of certain lakes and the disposal of certain

lands under the terms of the national reclamation act. (Act February 9, 1905, 33 Stat. 714.)

[Sec. 1. Authority to change lake levels and dispose of lands. ]—That the Secretary of the Interior is hereby authorized in carrying out any irrigation project that may be undertaken by him under the terms and conditions of the national reclamation act and which may involve the changing of the levels of Lower or Little Klamath Lake, Tule or Rhett Lake, and Goose Lake, or any river or other body of water connected therewith, in the States of Oregon and California, to raise or lower the level of said lakes as may be necessary and to dispose of any lands which may come into the possession of the United States as a result thereof by cession of any State or otherwise under the terms and conditions of the national reclamation act. (33 Stat. 714.)

Textual note. This act is codified as section 601, title 43, United States Code, the first word "That" being omitted, and "reclamation act” reading "reclamation law."

NOTES

Oregon legislation.-In connection with the above statute the State of Oregon enacted the following law: An act to authorize the utilization of Upper Klamath Lake, Lower or Little Klamath Lake, and Tule or Rhett Lake, situate in Klamath County, Oregon, and Goose Lake, situate in Lake County, Oregon, in connection with the irrigation and reclamation operations of the Reclamation Service of the United States, and to cede to the United States all the right, title, interest, and claim of the State of Oregon to any and all lands recovered by the lowering of the water levels or by the drainage of any or all of said lakes

Be it enacted by the Legislative Assembly of the State of Oregon; be it enacted by the people of the State of Oregon:

SECTION 1. That for the purpose of aiding in the operations of irrigation and reclamation conducted by the Reclamation Service of the United States, established by the act of Congress approved June 17, 1902 (32 Stat. 388), known as the reclamation act, the United States is hereby authorized to lower the water level of Upper Klamath Lake, situate in Klamath County, Oregon, and to lower the water level of or to drain any or all of the following lakes: Lower or Little Klamath Lake and Tule or Rhett Lake, situate in Klamath County, Oregon, and Goose Lake, situate in Lake County, Oregon, and to use any part or all of the beds of said lakes for the storage of water in connection with such operations.

SEC. 2. That there be, and hereby is, ceded to the United States all the right, title, interest, or claim of this State to any land uncovered by the lowering of the water levels or by the drainage of any or all of said lakes not already disposed of by the State; and the lands hereby ceded may be disposed of by the United States, free of any claim on the part of this State in any manner that may be deemed advisable by its authorized agencies, in pursuance of the provisions of said reclamation act.

Approved January 20, 1905. (General Laws of Oregon, 1905, p. 63.)

In decision of the Solicitor dated June 9, 1932 (M-27055), approved by the Department, it was held that the Oregon Act quoted above did not authorize a use of uncovered land formerly under the waters of Lower Klamath Lake for a migratory bird refuge, the reclamation use to be superseded. It was held, however, that the land could be used for flowage or agricultural purposes (53 I. D. 693).

California legislation.—The State of California passed the following law: An act authorizing the United States Government to lower the water levels of any or all of the following lakes : Lower or Little Klamath Lake, Tule or Rhett Lake, Goose Lake, CHANGING LEVELS OF LAKES IN OREGON AND CALIFORNIA

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and Clear Lake, situated in Siskiyou and Modoc Counties, and to use any part or all of the beds of said lakes for the storage of water in connection with the irrigation and reclamation operations conducted by the Reclamation Service of the United States ; also ceding to the United States all right, title, interest, or claim of the State of California to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed of by the State

The people of the State of California, represented in senate and assembly, do enact as follows:

SECTION 1. That for the purpose of aiding in the operations of irrigation and reclamation conducted by the Reclamation Service of the United States, established by the act of Congress approved June seventeenth, nineteen húndred and two (Thirty-second Statutes, page three hundred and eighty-eight), known as the reclamation act, the United States is hereby authorized to lower the water levels of any or all of the following lakes: Lower or Little Klamath Lake, Tule or Rhett Lake, Goose Lake, and Clear Lake, situated in Siskiyou and Modoc Counties, as shown by the map of the United States Geological Survey, and to use any part or all of the beds of said lakes for the storage of water in connection with such operations.

SEC. 2. And there is hereby ceded to the United States all the right, title, interest, or claim of this State to any lands uncovered by the lowering of the water levels of any or all of said lakes not already disposed of by this State; and the lands hereby ceded may be disposed of by the United States free of any claim on the part of this State in any manner that may be deemed advisable by the authorized agencies of the United States in pursuance of the provisions of said reclamation act: Provided, That this act shall not be in effect as to lakes herein named, which lie partly in the State of Oregon, until a similar cession has been made by that State.

Approved, February 3, 1905. (Cal. Stats. 1905, p. 4.)

The act of May 27, 1920 (41 Stat. 627), authorizes the restoration of certain lands reserved for a bird reservation pursuant to the enactment of the two above-quoted State acts.

Interpretation of California act.-The State of California made application to the General Land Office for a survey, with a view to the subsequent issuance of patent to the State under the swamp-land act of September 28, 1850 (9 Stat. 519), of alleged swamp and overflowed lands in T. 47 N., Rs. 2 and 3 E., and T. 48 N., Rs. 1, 2, and 3 E., Mount Diablo meridian, Calif. The lands for which survey and patent were asked are areas lying between the precipitous banks in the lower portion of the lower Klamath Lake area and the high ground. The department, in denying the application of the State in an opinion dated June 25, 1919 (47 L. D. 207, affirmed on rehearing 47 L. D. 212), held that under the act of the State of California of February 3, 1905 (California Statutes, 1905, p. 4), these lands were ceded to the United States, and are now held subject to disposition only under the general reclamation laws; that the department is without authority to recognize or entertain any claim on the part of the State therefor under the swamp-land act or under any other existing law; and that the title of the United States to these lands can be divested only by act of Congress. (See Churchhill Co. v. Kingsbury (Sup. Ct. Calif. 1918), 174 Pac. 329.)

The decision at 47 L. D. 207 was referred to and summarized in decision of the Solicitor dated June 9, 1932 (M-27055), approved by the Department.

In said decision of the Solicitor of June 9, 1932, it was held that the California act quoted above did not authorize a use of uncovered land formerly under the waters of Lower Klamath Lake for a migratory bird refuge, the reclamation use to be superseded. It was held, however, that the land could be ased for flowage or agricultural purposes (53 I. D. 693).

Contract with California Oregon Power Co.—By contract executed in 1917 on behalf of the United States by Secretary Franklin K, Lane the California Oregon Power Co. was given the right to construct and operate a dam at the outlet of Upper Klamath Lake and to regulate the flow of the water in the lake for 50 years. For a copy of this contract and a large amount of data concerning it see joint hearings by the Senate and House committees in connection with S. 3189 and H. R. 9493, first session Sixty-ninth Congress,

Cross reference. The act of March 3, 1923 (42 Stat. 1438), authorizes the State of California to bring suit against the United States to determine title to certain lands in Siskiyou County, Calif.

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