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–FIRST CONGRESS—FIRST SESSION, 1890.
CHAP. 35 | CHAP. 39 | CHAP. 55 | CHAP. 182 | CHAP. 198 | CHAP. 199 | CHAP. 391 | CHAP. 418 | CHAP. 419 | CHAP. 479 | CHAP. 633 | CHAP. 638 | CHAP. 714 | CHAP. 803 | CHAP. 947 | CHAP. 1127 | CHAP. 1132 | CHAP. 1248 | CHAP. 1249 | CHAP. 1252 | CHAP. 1271 | CHAP. 1272 | CHAP. 1273 | CHAP. 1274 | CHAP. 1275 | CHAP. 1277 | CHAP. 1278

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Chapter 1275
Sections 2 | 3 | 4 | 5 | 6

Margin Notes
Chap. 1275 Northern Pacific and Yakima Irrigation Company granted canal right of way through Yakima Indian Reservation, Wash.
Chap. 1275 Location.
Sec. 2 Width.
Sec. 2 Material, etc.
Sec. 3 Compensation to Indians.
Sec. 3 Damages.
Sec. 3 Secretary of the Interior to approve location, etc.
Sec. 3 Regulations, etc.
Sec. 3 Proviso. Consent of Indians.
Sec. 4 No assignment before completion.
Sec. 4 Provisos. Construction mortgage.
Sec. 5 Condition of acceptance.
Sec. 5 Proviso. Forfeiture.
Sec. 6 Amendment, etc.

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Chapter 1275
    Oct. 1, 1890. | 26 Stat., 661.
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An act granting to the Northern Pacific and Yakima Irrigation Company a right of way through the Yakima Indian Reservation in Washington.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way is hereby granted, as hereinafter set forth, to the Northern Pacific and Yakima Irrigation Company, a corporation organized and existing under the laws of the State of Washington, for the construction of an irrigating canal through the Yakima Indian Reservation from a point on the boundary of said reservation in either sections four, eight, nine or ten, township twelve north, range eighteen east, of the Willamette meridian, in Yakima County, in the State of Washington; thence extending in a southeasterly direction to a point on the boundary of said reservation at section seventeen, township twelve north, range nineteen east, of the said meridian.

SEC. 2

That the right of way hereby granted to said company shall be seventy-five feet in width on each side of the central line of said canal as aforesaid; and said company shall also have the right to take from said lands adjacent to the line of said canal material, stone, earth, and timber necessary for the construction of said canal.

SEC. 3

That it shall be the duty of the Secretary of the Interior to fix the amount of compensation to be paid the Indians for such right of way, and for whatever property of said Indians may be taken in the construction of said canal, and provide the time and manner for the payment thereof, and also to ascertain and fix the amount of compensation to be made individual members of the tribe for damages sustained by them by reason of the construction of said canal; but no right of any kind shall vest in said irrigation company in or to any part of the right of way herein provided for until plats thereof, made upon actual surveys for the definite location of such canal, shall be filed with and approved by the Secretary of the Interior, which approval shall be made in writing, and be opened for the inspection of any party interested therein, and until the compensation aforesaid has been fixed and paid; and the surveys, construction, and operation of such canal shall be conducted with due regard for the rights of the Indians and in accordance with such rules and regulations as the Secretary of the Interior may make to carry out this provision: Provided, That the consent of the Indians to said right of way and compensation shall be obtained by said irrigation company, in such manner as the Secretary of the Interior shall prescribe, before any right under this act shall accrue to said company.

SEC. 4

That said company shall not assign, or transfer, or mortgage this right of way for any purpose whatever until said canal shall be completed: Provided, That the company may mortgage said franchise for money to construct and complete said canal: And provided further, That the right herein granted shall be lost and forfeited by said company unless the canal is constructed across said reservation within two years from the passage of this act.

SEC. 5

That said irrigation company shall accept this right of way upon the express condition, binding upon itself, its successors or

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assigns, that they will neither aid, advise, nor assist in any effort looking toward the changing or extinguishing the present tenure of the Indians in their land, and will not attempt to secure from the Indian tribes any further grant of land or its occupancy than is hereinbefore provided: Provided, That any violation of the condition mentioned in this section shall operate as a forfeiture of all the rights and privileges of said irrigation company under this act.

SEC. 6

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

Approved, October 1, 1890.


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