INDIAN AFFAIRS: LAWS AND TREATIES

Vol. V, Laws     (Compiled from December 22, 1927 to June 29, 1938)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1941.


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PUBLIC ACTS OF THE SEVENTY-SECOND CONGRESS, FIRST SESSION, 1931-1932
Chap. 12  |  Chap. 18 |  Chap. 23 |  Chap. 45 |  Chap. 46 |  Chap. 93 |  Chap. 95 |  Chap. 122  |  Chap. 123 |  Chap. 124 |  Chap. 125 |  Chap. 136 |  Chap. 149 |  Chap. 155 |  Chap. 164  |  Chap. 165 |  Chap. 177 |  Chap. 207 |  Chap. 208 |  Chap. 245 |  Chap. 254 |  Chap. 255  |  Chap. 257 |  Chap. 270 |  Chap. 278 |  Chap. 279 |  Chap. 284 |  Chap. 285 |  Chap. 316  |  Chap. 317 |  Chap. 330 |  Chap. 333 |  Chap. 361 |  Chap. 364 |  Chap. 369 |  Chap. 443

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Chapter 165
May 4, 1932. | [H.R. 10495.] 47 Stat., 146.

An Act Amending an Act of Congress approved February 28, 1919 (40 Stat. L. 1206), granting the city of San Diego certain lands in the Cleveland National Forest and the Capitan Grande Indian Reservation for dam and reservoir purposes for the conservation of water, and for other purposes, so as to include additional lands
Section 2

Margin Notes
Chap. 165 San Diego, Calif. Additional lands granted to, for water supply.
Chap. 165 40 Stat., 1206, amended, vol. 4, 187.
Chap. 165 Within Cleveland National Forest.
Chap. 165 Within Capitan Grande Indian Reservation.
Chap. 165 Compensation to Mission Indians.
Chap. 165 Provisos. Conveyance to private person or unauthorized use, etc.
Chap. 165 Condemnation proceedings may be dispensed with.
Chap. 165 Grant upon payment.
Chap. 165 Rights of Indians, etc., not impaired.
Chap. 165 Transfer of water rights to remaining lands within Capitan Grande Reservation.
Chap. 165 Provisos. Benefits extended to Indians relocating within San Diego watershed.
Chap. 165 Use, etc., of water restricted.
Chap. 165 Inviolable rights declared.
Chap. 165 40 Stat., 1206, vol. 4, 187.
Sec. 2 Riparian ownership not affected.

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Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of an Act of Congress approved February 28, 1919, granting the city of San Diego certain lands in the Cleveland National Forest and the Capitan Grande Indian Reservation for dam and reservoir purposes for the conservation of water and other purposes, be amended to read as follows:

"That the south half northeast quarter northwest quarter and the north half southwest quarter section 8; the west half southwest quarter southwest quarter and the west half northeast quarter northwest quarter section 9, all in township 15 south, range 2 east, San Bernardino base and meridian, within the Cleveland National Forest; and the southwest quarter southwest quarter, the east half southwest quarter, the northwest quarter southeast quarter and the west half northeast quarter southeast quarter section 11; the north half northwest

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quarter and the southwest quarter northwest quarter section 14; the southeast quarter southwest quarter, the southwest quarter southeast quarter, the east half southwest quarter southwest quarter, the northeast quarter southwest quarter, the east half northeast quarter northwest quarter, the east half southeast quarter northwest quarter, the northeast quarter, the north half southeast quarter and the southeast quarter southeast quarter section 15; the northeast quarter southeast quarter section 21; the northwest quarter northeast quarter, the northwest quarter, the north half southwest quarter, the southwest quarter southwest quarter, the west half northeast quarter northeast quarter, and the south half northeast quarter section 22; the west half northwest quarter section 27; the east half northeast quarter, the southwest quarter northeast quarter, the southeast quarter, the east half northeast quarter southwest quarter, the east half southeast quarter southwest. quarter, and: the east half northwest quarter northeast quarter section 28; and the northeast quarter, the west half southeast quarter, the east half southwest quarter, the southeast quarter northwest quarter, and the east half northeast quarter northwest quarter section 33, all in township 14 south range 2 east, San Bernardino base and meridian; also the north half southwest quarter, the southwest quarter southwest quarter, the west half northwest quarter southeast quarter, the west half southwest quarter southeast quarter, and the north half southeast quarter southwest quarter section 3; and lots 2, 3, 6, 7, 8, 9, 10, 11, and the south half section 4, all in township 15 south, range 2 east, San Bernardino base and meridian, within the Capitan Grande Indian Reservation, all within the county of San Diego and State of California, are hereby granted to the city of San Diego, a municipal corporation in said county and State, for dam and reservoir purposes for the conservation and storage of water, whenever said city shall have provided compensation as hereinafter specified for all property rights and interests and damages done to Mission Indians located upon the Capitan Grande Indian Reservation: Provided, That the lands herein granted shall not be sold, assigned, transferred or conveyed to any private person, corporation, or association; and in case of any attempt to sell assign, transfer, or convey, or upon a failure to use and apply said lands exclusively to the purposes herein specified, this grant shall revert to the United States: Provided, however, That proceedings to acquire the nine hundred and twenty acres of additional land granted by this Act, as herein amended, by eminent domain of the State of California as authorized by the provisions of this Act herein contained, may at the option of the city of San Diego be dispensed with, and if the said city so elects and upon payment by said city as compensation for such lands, rights, interests, and damages of the additional sum of $35,567.20, the Secretary of the Interior of the United States is hereby authorized and directed to issue to said city a patent in fee simple conveying all the rights, titles, and interests of the said Indians and of the United States in and to all of the lands herein above described: Provided further, That no provisions of this Act and nothing done in carrying out its provisions, as between the United States, said Mission Indians and their grantees shall in any wise limit or terminate any rights within the Capitan Grande Indian Reservation of any person, persons, or corporations heretofore granted or conveyed under or by authority of the laws of the United States.

"No provisions of this Act and nothing done in carrying out its provisions shall have the effect of terminating or limiting the rights of said Capitan Grande Indians or of the United States in or to the

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lands or in the waters flowing in or along the lands remaining in and forming a part of the Capitan Grande Reservation after the city of San Diego has acquired title to the lands herein granted: Provided, That in the event the Indians of the Capitan Grande Reservation, or any of them, are located on additional land or lands purchased by the United States for them and situate within the watershed of the San Diego River, the said Indians or any of them or the United States in their behalf shall have the right to transfer to such additional land or lands, in whole or in part, such water rights as they or the United States possess on the Capitan Grande Indian Reservation, and subject to the conditions hereinafter provided shall have the same right to develop and use a like quantity of water on such additional land or lands as they have heretofore had the right to develop and use within said reservation: Provided further, That the total quantity of water developed and used by the said Indians or by the United States in their behalf, including the use continued on the diminished reservation, shall not exceed in the aggregate the total quantity of water which said Indians or the United States in their behalf have heretofore had the right to develop and use within the Capitan Grande Indian Reservation.

"The grant herein to the said city of San Diego is hereby expressly made subject to such rights, which rights shall not be subject to loss by nonuse or abandonment thereof so long as the title to said lands remains in the Indians or in the United States.

"The funds paid and those to be paid by the said city of San Diego as compensation to the Capitan Grande Indians for their lands shall, in addition to the uses in the Act of February 28, 1919 (40 Stat. L. 1206-1209), for the removal of said Indians as a tribe, be available also for reestablishing individually or as a group or groups the Capitan Grande Band of Indians, including those residing within the Conejos valley of the retained reservation, on tract or tracts of land to be acquired by purchase or otherwise for them, and for the acquiring of water rights including cost of transferring in whole or in part their present water rights to such other lands, construction of necessary water works, including the development of a water supply, for domestic and irrigation purposes, purchasing or building homes, purchasing of household furnishings, farm equipment, livestock, and other improvements for the benefit of these Indians under such rules and regulations to be prescribed by the Secretary of the Interior: Provided, That those Indians desiring to remain on that part of the Capitan Grande Reservation not disposed of under this Act may remain thereon and receive such benefits there."

SEC. 2.

Nothing contained in section 1 hereof shall be held, deemed, or construed as affecting, altering, or in anywise changing the rights of the riparian owners under the provisions in the Act approved February 28, 1919.

Approved, May 4, 1932.


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