INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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ACTS OF FIFTY-FOURTH CONGRESS—SECOND SESSION, 1897.
CHAP. 108 | CHAP. 170 | CHAP. 228 | CHAP. 230 | CHAP. 308 | J. R. No. 17

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Chapter 228
Sections 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9

Margin Notes
Chap. 228 Hudson Reservoir and Canal Company granted right of way Gila River Indian Reservation, Ariz.
Chap. 228 Location.
Sec. 2 Width.
Sec. 2 Provisos. Reversion for nonuser.
Sec. 2 Consent of occupants.
Sec. 3 Compensation.
Sec. 4 Secretary of Interier to approve location, etc.
Sec. 4 Proviso. Rights of Indians.
Sec. 5 Employees may reside on right of way.
Sec. 6 Survey, etc.
Sec. 7 Telegraph and telephone line.
Sec. 8 Condition of acceptance.
Sec. 8 Proviso. Water to Indians.
Sec. 9 Amendment, etc.

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Chapter 228
    Feb. 15, 1897. | 29 Stat., 527.
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An act to grant to the Hudson Reservoir and Canal Company the right of way through the Gila River Indian Reservation.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Hudson Reservoir and Canal Company, a corporation created and existing under and by virtue of the laws of the Territory of Arizona, be, and the said corporation is hereby, authorized and empowered to locate, construct, own, maintain, and operate its main line of canal through and across the Indian reservation situated in the Territory of Arizona, known as the Gila River Reservation, occupied by the Pima, Maricopa, and Sacaton Indians, from a point on the northerly line of said reservation, running thence by the most practicable route to the southerly line of said reservation, and to construct, own, maintain, and operate such aqueducts, flumes, siphons, bridges, and other structures as may be necessary for the conveyance of water where the same can not be conveyed in the canal itself, and the development, utilization, and transmission of any power derived from the water so carried.

SEC. 2

That a right of way fifty feet in width on each side of said main canal is hereby granted to said Hudson Reservoir and Canal Company: Provided, That no part of the lands granted shall be used except in such manner and for such purposes only as shall be reasonably necessary for the construction and convenient operation of said canal and said other structures; but when any portion thereof shall cease to be so used, such portion shall revert to the tribe or tribes of Indians from which the same shall have been taken, or, in case they shall have ceased to occupy the same, to the United States: And provided further, That when any such lands shall be taken for the purposes aforesaid the consent of the occupants thereof shall be obtained in a manner satisfactory to the President of the United States.

SEC. 3

That before said canal or other structures shall be constructed through any lands held by individual occupants according to the laws, customs, and usages of any of the Indian tribes through which the same may be constructed, full compensation shall be made to such occupants for all property taken or damage done by reason of the construction of such canal or other structures, the amount of such compensation to be ascertained and determined in such manner as the Secretary of the Interior may direct, and to be subject to his final approval.

SEC. 4

That said company shall cause maps showing the route of its located line through said Indian reservation to be filed in the office of the Secretary of the Interior, and that said location shall be approved

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by the Secretary of the Interior before any grading or construction upon any section or part of said located line shall be begun: Provided, That said canal and other structures be located and constructed with a due regard for the rights of the Indians and especially so as not to interfere with their irrigating ditches.

SEC. 5

That the officers, servants, and employees of said company necessary to the construction, maintenance, management, and operation of the structures hereby authorized shall be allowed to reside while so engaged upon the lands herein granted, but subject to the provisions of the Indian intercourse laws, and such rules and regulations as may be established by the Secretary of the Interior in accordance with the said intercourse laws.

SEC. 6

That said company shall have the right to survey and locate its canal immediately after the passage of this Act.

SEC. 7

That in connection with the said canal and its appurtenances said company shall have the right to erect, maintain, and use a telegraph or telephone line, or both, and other appliances reasonably necessary of convenient for the construction, maintenance, and operation of the said canal and its appurtenances, but only within and upon the limits of the right of way hereby granted.

SEC. 8

That the said Hudson Reservoir and Canal Company shall accept this right of way upon the express condition, binding upon itself, its successors, and assigns, that they will neither aid, advise, nor assist in any effort looking toward changing or extinguishing the present tenure of the Indians in their lands, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is hereinbefore provided: Provided, That the rights herein granted are upon the express condition that the grantee thereof, its successors or assigns shall at all times during the continuance of the grant furnish the Indians located under its canal along said right of way with water sufficient for all domestic and agricultural purposes, and purposes of irrigation on such just and reasonable terms and under such rules and regulations as shall be prescribed by the Secretary of the Interior.

SEC. 9

That Congress may at any time amend, alter, add to, or repeal this Act.

Approved, February 15, 1897.


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