Page:United States Statutes at Large Volume 45 Part 1.djvu/364

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

SEVENTIETH CONGRESS . SESS. I . CHs. 219, 220. 1928 . lands benefited exceed $67 .50 : Provided further, That all present wate r ri ghts now a ppur tenan t to the a ppro ximat ely e ight thou sand three hundred and forty-six acres of irrigated Pueblo lands owned individually or as pueblos under the proposed plans of the district, and all water for the domestic purposes of the Indians and for their stock shall be prior and paramount to any rights of the district or of any property holder therein, which priority so defined shall be recognized and protected in the agreement between the Secretary of the Interior and the said Middle Rio Grande Conservancy Dis- trict, and the water rights for the newly reclaimed lands shall be recognized as equal to those of like district lands and be protected from discrimination in the division and use of water, and such water rights, old as well as new, shall not be subject to loss by nonuse or abandonment thereof so long as title to said lands shall remain in the Indians individually or as pueblos or in the United States, and such irrigated area of approximately 8,346 acres shall not be subject by the district or otherwise to any pro rata share of the cost of future operation and maintenance or betterment work performed by the district . The share of the cost paid the district on behalf of the Indian lands under the agreement herein authorized, including any sum paid to the district from the funds authorized to be appro- priated by the Act of February 14, 1927 (Forty-fourth Statutes at Large, page 1098), shall be reimbursed to the United States under such rule s and regu lati ons a s may be presc ribed by the S ecret ary of the Interior : Provided, That such reimbursement shall be made only fr om the proce eds of lease s of t he newl y recl aimed pueblo lands whether leased by Indians or others, Indians, however, to be given the preference in the making of such leases, and the proceeds of such leases to be applied, first, to the reimbursement of the cost of the works apportioned to said irrigated area of approximately 8,346 acres : Provided further, That as to not to exceed 4,000 acres of such newly reclaimed lands if cultivated by Indians no rentals shall be charged the Indians : Provided further, That there is hereby created agains t the newly reclai med la nds a first l ien fo r the amount of th e cost of the works apportioned to such newly reclaimed lands which lien shall not be enforced during the period that the title to such lands remains in the pueblo or individual Indian ownership Provided further, That said Secretary of the Interior, through the Commissioner of Indian Affairs, or his duly authorized agent, shall be recognized by said district in all matters pertaining to its operation in the sa me ratio that the Indian la nds bear to the to tal area of lands within the district, and that the district books and records shall be available at all t imes for inspectio n by said represen tative . Approved, March 13, 1925 . 313 Protection of present water rights, domestic supply, etc. Recognition of water rights on newly re- claim ed lan d. Area not subject to cost of futu re op erat ion, etc . Reimbursement of share of cost from In- dian funds . Vol.44,p. 1098. From leases of newly reclaimed pueblo lands . No rentals if culti- vated by Indians . Lien for cost of work, not enforced against pueblo lands or on In- dia n own ers hip . Rec ogn iti on of au- thority of Secretary of Interior . March 14, 1928. CHAP. 220 .-An Act Granting the consent of Congress to the Highway [x .R . 9293 .] Department of the State of Tennessee to construct, maintain, and operate a

[Public, No . 170.] bridge across the Clinch River on the Sneedville-Rogersville Road in Hancock County, Tennessee . Be it enacted by the Senate and House o f Representatives o f the United States of America in Congress assembled, That the consent of Congress is hereby granted to the Highwa y Department of the State of Tennessee to construct, maintain, and operate a bridge and approaches thereto across the Clinch River, at a point suitable to the interests of navigation, on the Sneedville-Rogersville Road in Han- cock County, in the State of Tennessee, in accordance with the Clinch River. Tennessee may bridge, in Hancock County.