The weekly Butte record. [volume] (Oroville [Calif.]) 1866-1887, 1867-03-02

The following bill, introduced by John Bidwell.
has been read twice in the c. s. House Of Repre-
sentatives, referred to the Committee on Public
Lands and ordered to be printed
Be it enacted by the Senate and House of Repre-
Sentatves of the United States of America in Con
gress assembled. That there be, and herebv is
granted to the State of California, to aid in the
construction of canal the ives; side of the
Sacramento river, in said State, beginning at
point near the line between Tehama and Colusa
counties, and running thence to some point on the
Sacramento river, or Suisun Bay or some channel
or slough connecting Herewith, in the county of
Solano. every alternate section of land designated
by odd numbers, for ten sections in width on each
side OF said canal bat in il shall appear that
the United States have, when the line Of route OF
said canal is definitely fixed, sold any section or
any part thereof granted as aforesaid. that the
right of pre-empton. homestead settlement, or
other private right has attached that the same
has been reserved by the United States. then it
shall be lawful for any agent or agents, 10 be
pointed by the Governor of said State TO select,
subject TO the approval of the Secretary of the
Interior from the lands of the United Stases {to
which no right has attached and not being within
the limits of any reservation as aforesad) nearest
to the tiers of sections above specified. 50 much
land in alternate sections or parts OF sections as
shall be equal TO such lands have been sold. re
served or otherwise appropriated, or to which the
right of pre-emption or homestead settlement has
attached, as aforesaid which lands shall be held
and disposed of by the State of California for the
use and purpose aforesaid provided that the lands
TO be located shall in case be further than 10
miles from the lire of said canal: provided further
that the lands hereby granted shall be exclusively
applied TO the construction of said canal Tor and
account Of which the said lands are hereby
granted and shall be disposed of only as the work
progresses, and the same shall be applied to no
other purpose whatever: and provided further,
that any and all lands heretofore reserved to the
United States by any act of Congress, or IN any
other manner by competent authority, and all mill
eral lands are hereby reserved from the operations
of this act. except so far as il may be found neces
sary to locate the route of said canal through such
reserved lands in which case the right OF way only
TO the extent of one hundred feet wide shall be
granted. subject to the approval of the Commis
sioner of the General Land Office.
Sec 3 And be it further enacted, That the said
canal shall be definitely located within one year.
and the whole shall be completed within six years
from and after the passage of this act and land
herein granted shall be disposed of in advance Of
and unless the same be coterminous with the com.
peted portions of said canal and whenever any
section Of Eve or more miles of the said canal
shall be completed. and certified by the Surveyor
General of the United States for said State 1t shall
be the duty of the Secretary of the Interior to
tlfy TO the Governor OF said State ten sections per
mile and so on until the whole shall be completed;
provided that the said canal shall not be less than
thirty feet wide and four feet deep, and shall be
furnished with all necessary locks, gates waste
ways. abqueductS, and other means to adapt II 10
the purposes of irrigation, navigation and drain
age and it shall be and remain a public highway
for the Use of the Government OF the United States.
at cost not greater than that paid by private per-
sons and all tolls or other charge for navigation,
irrigation, drainage other purposes shall be reg
ulated as the Legislature of said State may from
time to time by law provide and the right to reg
ulate tolls charges, aforesaid, shall never be
alienated by said State.
Sec. ;. And be it further enacted, That as soon
as the line of said canal shall he surveyed and To-
Gated, the Governor of said State shall cause map
of the location to be filed with the Secretary OF the
Interior, who, thereupon, shall the lands not
already surveyed, within fifteen miles OF the line OF
said location, to be surveyed aud the odd sections
and parts OF sections not occupied by pre-emptlon,
homestead settlement otherwise legally disp osed
Of TO he set apart for the purposes contemplated
by this act provided, that where the right OF pre-
empton has attached to any of the odd sections or
such sections within the limits aforesaid, and the
price therefor shall not have been paid over TO the
Government, it may and shall be lawful for such
price or payment to be made, in lieu OF such odd
sections aud parts of tnns to the State OF Cali
fornia or to such as may by law be authorized to
receive the same.
Sec. T. And be it further enacted, That the lands
hereby granted to said State, and the proceeds OF
land. if any there be- mentioned in the preceding
section, shall be disposed of the Legislature of
said State may provide for the purpose aforesaid
Lands containing coal and iron shall not be deemed
mineral lands within the meaning of this act.