Page:United States Statutes at Large Volume 46 Part 1.djvu/1104

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SEVENTY-FIRST CONGRESS . SEss_ III . Cu. 104. 1931.

1061 CHAP. 104 .- An Act Authoriz ing the construc tion of the Mic haud div ision February 4, 1931 . of the Fort Hall Indian irrigation project, Idaho, an appropriation therefor, and [a .3938j the completion of the project, and for other purposes .

[Public, loo. 607 .1 Be it enacted by the Sen ate and House of Representatives of the United States of America in Congress assembled, That the Secre- tary of the Interior is hereby authorized to extend the Fort Hall Indian irrigation system in Idaho over an area approximating thirty thousand acres of Indian land in the Michaud division of the Fort Hall Indian Reservation and to complete the irrigation system of that reservation by the enlargement, straightening, and improving of the stream ch annels, includin g the Bl ackfoot River, an d to com plete necessary storage facilities to make possible the delivery of an adequate water supply to the sixty thousand acres of land already provided with distributary system in the existing Fort Hall and Gibson divisions of the irrigation project and to the thirty thou- sand acres of the Michaud division, of that project, as provided for in a report of November 12, 1929, to the Commissioner of Indian Aff airs , pre pared in pursu ance to a n Act appr oved Marc h 28, 1928 , the total cost of the work herein authorized to be reimbursed as hereinafter provided . SEC. 2. The Michaud division shall bear its equitable share of the cost of the present existing works and for the development of that part of the water supply that will be used on the lands of the Michaud division . Of the cost of the existing system $362,500 is hereby all ocated t o the Mic haud div ision, a s provid ed in sec tion 3 hereof in consideration of the share of the developed water supply hereby allocated to that division and of its share of the existing works . The said $362,500 is hereby authorized to be used in completing the distributary system of the Fort Hall and Gibson divisions, including the rebuilding of the Tyhee siphon ; the completion of storage facilities, and the enlargement and straightening of the Blackfoot River Channel, and including p ayment of damages for the benefit of the entire irrigation project . SEC. 3. The water supply available shall be divided between the Fort Hall and Gibson divisions of the existing project and the Michaud division as follows : Fort Hall and Gibson divisions two- thirds, and the Michaud division one-third : Provided, That if at any time th ere shoul d occur a defici ency in the water supply avail- able, the lands of the Fort Hall and Gibson divisions shall have a prior right over the lands of the Michaud division to the use of suf ficient water to supply s aid land s of tho se divisi ons with three acre-feet of water per acre per season delivered to the land actually utilized, or so much thereof as may be necessary for proper and beneficial irrigation ; and in any case, as between the Indian-owned lands and the white-owned lands of the Michaud division of the project as of the date of the passage of this Act, such lands in Indian ownership shall have a water right prior to the right of the white-owned land which shall entitle such Indian lands to three acre-feet of water per acre per season, or so much thereof as may be avai labl e or as ma y be nece ssary for effi cient and bene ficia l irrigation . SEC . 4 . For each Indian, now owning land allotted as grazing or agricultural under the Dlichaud Division, who has no irrigable agri- cultural allotment with an adequate water supply elsewhere within the Fort Hall Indian Reservation, there shall be reserved by the Se cretary of the Interior as a h omestead from such grazing or a gricultu ral allo tment und er the M ichaud D ivision a tract of twenty ac res on which the collection of cons truction charges shall be deferred Fo rt Ha ll Indian Reservation, Idaho . Completion of irri- gation project . Lands in Michaud division added . Adjustment of stream channels . Storage facilities for ade quate w ater su pply . Vol. 45, p. 377. Reimbursement of cost . Michaud division to bear share of cost. Amount allocated . Construction author- ized . Division of water . Proviso . Priority of water rights . Pre ference to Ind ians given in Dlichaud di- vision . Allotments of home- steads to certain In- dians . Construction changes on, deferred while un- der Indian ownership .