Page:United States Statutes at Large Volume 26.djvu/798

 FIFTY-FIRST CONGRESS. Sess. II. Ch. 129. 1891. 745 CHAP. 129.-An act tin to the Umatilla Irri tion Com a ri t of Feb 10,1m. way through the Umatilldllmldiarl Reservation in the Stgte of Oregoliiluy gh —l”·v;— Re it eruzcted by the Senate and House of Rgpresentatives of the United Sfates of America. in C'0·n.gress assemble V, That the right of CU¤¤¤¤i¤¤ T¤'i¤¤:*<>¤ way is hereby granted, as hereinafter set forth, to the Umatilla Irri- cgnhimilgui rgzn wl.? gation Company, a corporation organized and existing under the §;Q“{’; “",?$f‘l§ 01;* aws of the tate of Oregon, for the construction and maintenance of Orc:. ' a water ditch or canal for irrigation purposes from an convenient rm- irrigation pm-. point on the Umatilla Indian Reservation, in Umatilla (lounty, State ’°g‘}’,';,u,,,,_ of Oregon, near the headwaters of .the Umatilla River, across said reservation to Wild Horse Creek, its northwestern bounda, at any convenient point, with the right to divert the waters of saidlUmatilla f Div·€¤!;¤i;>¤b¢giSW¤¢¢rs River and tributary streams from their beds, and for such purpose mm ° r ` to construct and maintain reservoirs, dams, ilumes, ditches, and such °*°-·°‘ other structures and devices as may benecessary for storing, convey-° ing, and distributing water at suc points as such company may desire to use the same. The rights herein granted are u n express commonest gmc. condition that, during their continuance, the grantees or their assigns shall furnish all occupants of lands of said reservation, so situated Water for lands or ' as to be capable of irrigation from any ditches constructed by them '°°°"‘"°“‘ hereunder, with water sufficient for pulpposes of agricultural and domestic uses and irrigation under suc es and regulations and on such terms as the Secretary of the Interior shall prescribe; and shall Vevwd ruzhts or ocnot divert or diminish the volume of water in said streams or exhaust °“°°"°"°°°‘ either of them, so far as to impair vested rights, or to hinder, or prevent the occupants of lands on said reservation the full enjoyment of said streams either for power, irrigation, or domestic purposes. Sec. 2. That the right of way ereby granted to said company wma. shall be fifty feet in width on each side of the center line of said ditch or canal, together with ground adjacent to such right of way Adinevntgruuua mifor dams, reservoirs, and distributing ditches, not exceeding ten acres '°°°"°‘”*°“" ‘ in the aggre ate for every ten miles of said ditch or canal; and said Uwcom y shadl also have the right to enter upon lands adjacent to the lihld of said ditch or canal and to take therefrom material, stone, Mmrm, ew. earth, and timber necessagly for the construction of said ditch or canal. · Sec. 3. That whereas. J. Summerville, J. P. Bushee, and J. B. Eddy have been appointed by the Secretary of the Interior as Com- ‘ missioners to appraise the lands of said reservation for the purpose of carrying into effect the provisions of the act of Congress entitled "An act providing for allo ment of lands in severalty to the Indians v¤1.2s,pp.a4o..m, residing upon the Umatilla Reservation, in the State of Oregon, and granting patents therefor, and for other pu13>oses," approv March third, eig teen hundred and eighty-Eve, an are now acting as such Commissioners, they are hereby appointed Commissioners to fix the agposutmentormmamount of compensation to be pai the Indians for such right of way ,§’,°§ %,,°°{j and other grounds, estimating the same by the smallest legal subdi- ·°*¤· visions in accordance with the public surveys; and also to ascertain and fix the amount of compensation to be made individual members Damugos to maiof the confederated tribes of Umatilla, Walla Walla, and Cayuse In-  °°"‘°‘*°"‘ dians for damages sustained by them by reason of said ditch or canal crossing lands now inclosed or improved by them; and said compen- Ascemmmenaeu. sation and damages shall be ascertained an adjusted, and all surveys “"°**°“ **6 made pursuant to such regulations as the Secretagy of the Interior shall rescribe, and shall e subject to his approv . In case of the inability or refusal of said Commissioners, or any of them, to act, the Secretary of the Interior shall by appointment supply the vacancy suppnysugvscmuss or vacancies so caused. The compensation of said Commissioners cmsqenssuon at shall be the same as that now received for the services rendered b °°'°m”*'“°¤°”· them under their aforesaid appointment, and shall be paid by said company; Provided, That the consent of the Indians to said diver- Promosion of water, compensation, and rlght of way shall be obtained by m;Pp8¤€0c38¤;¤¤¤ of 1¤-