Page:United States Statutes at Large Volume 47 Part 1.djvu/172

 148 Rights of Indians, .to ., not impaired. Transfer of water ands within Capitan Grand e Rese rvatio n. Provisos. Benefits extended to Ind ian s relocating within Ban Diego wat ers hed. Use, etcy of water restric ted. c Inviolable rights de. Vol.40,p.1206. , Riparian ownership not affected. 7 2d CONGRESS. SESS. I. CH. 165 . MAY 4, 1932. 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 pro vision s, as betwee n the United States, said Missi on Ind ians 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 l aws of th e United States. u No provi sions of thi s Act and no thing done in carry ing ou t its provisions shall have the effect of terminating or limiting the rights of said Capitan Grande Indians or of the Tinted States in or to the lands or in the wa ters flow ing in or along th e lands r emaining in and forming a part of the Capstan 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 Atates 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 be half shal l have th e right t o transfe r to such addi- tional land or lands, in whole or in part, such water rights as they or the United States possess on the Capitan Grande Indian Reserva- tion, 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 Un ited Stat es in the ir behalf, includi ng the us e continu ed 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 ex- pressly 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 . 11 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 Conej os Valley of the r etained r eservatio n, on tra ct or tra cts of land to be ac quired by pu rchase or ot herwise for t hem, a nd 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 sup- ply, for domestic and irrigation purposes, purchasing or building homes, purcha sing o f hous ehold furnis hings, farm e quipme nt, li ve- stock, 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.