Page:United States Statutes at Large Volume 27.djvu/444

 418 FIFTY-SECOND CONGRESS. Sess. II. Ch. 32. 1893. have no rightto compel the sale by any Indian owner or allottee of any lands for the purposes of reservoir or dam, or accompanying grounds. And said company may also take of the lands in said sections one and two in said reservation which have not yet been allotted, so much additional land as shall be required for the purposes of a reservoir and dam and necessary grounds appurtenant thereto, upon making payment as mgm or way m n- hereafter provided in respect to the right of way. And upon and after ’*¢‘ ¥ °“"’· acquiring by purchase as aforesaid, with the approval of the Secretary of the Interior, the necessary grounds for reservoir and dam, the right of way is hereby granted to said Blue Mountain Irrigation and Im- ' mann. provement Company for a main ditch or canal to commence at a point on McKay Creek north, six degrees west of corner to sections one, two, eleven and twelve, township one south, range thirty-three east, Wil- ` lamette meridian, thence running across said Indian reservation to the city of Pendleton, and to the Umatilla River, with the right to divert the waters of McKay Creek and it tributaries and for such other pru·- poses to construct and maintain reservoirs, dams, ilumes, ditches, and such other structures and devices as may be necessary for storing, con- _ veying, and distributing water at such points as said company may desqppiyshgwnu. sire to use the same. But all the rights herein granted are upon the express condition that during their continuance, the grantees or their assigns shall furnish to occupants of said lands on said reservation, so situated as to be capable of irrigation or supply from any ditch constructed by them hereunder, water sufficient for purposes of agricultural and domestic uses and irrigation under such ru1es and regulations and on such terms as the Secretary of the Interior shall prescribe, and shall not 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 from the full enjoy- ment of said streams either for power irrigation, or domestic purposes. cmmummn e. For the purpose of determining the fairness of any agreement of sale of their making such sale to said company, the Secretary of the Interior shall appoint such commissioners, not exceeding three in number, as he shall think fit, to personally inquire into and report to him the facts in respect to said matter, and he shall approve and ratify or disapprove any ‘ such agreement as he shall think the best interests of nxpenm. the Indians may require; and all expenses attending such inquiry shall be paid by the said Blue Mountain Irrigation and Improvement Company, security for the payment of which may be required in advance by the Secretary of the Interior. mgm or ny. Sec. 2. That the right of way to said company shall be fifty feet in width on each side of the center line of said ditch or canal, together with the ground adjacent to the said right of way for distributing ditches not exceeding ten acres in the aggregate for every ten miles of mm.,,;_ ,,,,,_ said ditch or canal. The company shall also have the right to enter upon lands adjacent to said canal or reservoir to take therefrom material, stone, earth, or timber necessary for the construction of said dam, ditch, or canal. But no land belonging to any Indian owner in compmmcn at severalty, or which shall have been selected for allotment by any In- !¤¤i·¤ ***0****- dian, shall be taken by the said company, nor shall the company have a right to take therefrom any material, stone, earth, or timber except by agreement with the said Indian owner approved by the Secretary of the Interior, or by first making compensation for the same, and any injury thereby caused to other lands of such Indian owner or allottee, to be determined by the Secretary of the Interior, after appraisal in the manner provided in section one of this act. c,,,,,,,,;..,;.,,,,,,., to Sec. 3. That the Secretary of the Interior may appoint three com- v gash:;?;:;-?;? M missioners to tix the amount of compensation to be paid the Indian ' owners or allottees for right of way for the said main ditch or canal of the said company, which shall include the value of the land taken therefor and all damages to other lands of such owner or allottee caused by such taking; and also to fix the amount of compensation to be paid
 * •¤¤¤*¤• •¢*•••°¤*~ negotiated with any of said Indian owners or allottees, and the wisdom