Page:United States Statutes at Large Volume 28.djvu/147

 118 FIFTYTHIRD CONGRESS. Sess. II. CHS. 151, 152. 1894; line; thence running east seventy and eighty-one one—hundred—andthirtysixths rods; thence south parallel with said west boundary line one hundred and thirty-six rods, more or less, to a point due east of the point of beginning; thence running west seventy and eighty-six one-hundred-and-thirty-sixths rods, to the point of beginning, contain- · ing sixty acres, for a site and campus for the University of Utah, and 0¤¤•***·*°¤· upon the condition that such tract shall be occupied by the said university within five years after the passage of this Act, and perpetually thereafter; and in case it is not so occupied and used it shall revert to the United States. _ Approved, July 23, 1894. July 23, 1894. CHAP. 152.-An Act Granting to the Columbia 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 _G<>1¤¤¤bi¤ kdvtigg Sta tes, of America in Congress assembled, That the right of way is hereby h§1iH?]$»’Qy$if¤im¤ granted, as is hereinafter set forth, to the Columbia Irrigation Com- {,g*£{_¤ R°¤°“'*“*°”· pany, a corporation organized and existing under the laws of the State ' _ of Washington, for the construction of an irrigation canal through the L"°‘“°"· Yakima Indian Reservation, from a point about one-half mile below where the Atahnam Creek empties into the Yakima River, on said reservation, in Yakima County, in the State of Washington; thence extending in a southerly direction, to a point where said canal crosses the Toppenish Creek; thence in a southeasterly direction, by the most practical route, to a point on the east boundary of said reservation, at or near section nineteen (19), township eight (8) north, range twenty- three (23) east of the Willamette meridian. Uuorwmi-. Sec. 2. That the said irrigation company shall have the right to appropriate and use any and all water necessary for their use from the ` Yakima River, not otherwise appropriated and in actual-use at the time of the passage of this Act, or that may not be necessary for the domestic and irrigating purposes of any Indian to whom an allotment has been made, or shall hereafter be made, upon or along said Yakima River. srmge mmom. Sec. 3. That the said irrigation company is hereby granted sufficient land on said reservation for reservoirs for the storage of water to be used during the dry season, and tbr right of way connecting said storage reservoirs with said irrigation canal, and shall have the right to locate, construct, and maintain the same under the same terms and restrictions provided herein for the right of way of said canal. Wi<¤¤¤· Sm:. 4. That the right of way hereby granted to said company shall be seventy-five (75) feet in width on each side of the central line of said canal as aforesaid; and said company shall also have the right to Mmmm. take from said lands adjacent to the line of said canal material, stone, earth, and timber necessary for the construction of said canal. _m¥g_¤¤¤z¤¤ *<>*¤¤ir*·*· Sec. 5. That it shall be the duty of the Secretary of the Interior to ` fix the amount of compensation to be paid individual members of the tribe for damages sustained by them by reason of the construction of said carnal, and to provide the time and manner for the payment thereof; 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 survey for the definite location of such canal shall Secretary eruw in- be filed with and approved by the Secretary of the Interior, which §f;°’e{g'°PP’°'°*““‘ approval shall be made in writing, and be open for the inspection of ' any party interested therein; and the survey, 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. Not as-¤ig‘nable. Sm:. G. That said company shall not assign or transfer or mortgage this right of way for any purpose whatevnr until said canal shall be