Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-10-12


six feet deep, and an average current
of one mile per hour. 1t shall be the
duty of said company to keep the
same in suitable repair and condition.,
so that every occupant and owner of
lands within the flowage of said canals
shall, during every season, be able to
procure proportionate share Of water
for irrigation, for which said company
shall have the right to demand and
collect reasonable tolls or compensa-
ton. But nothing herein contained
shall he SO construed as to preclade
said company from supplying water
for other purposes for which they shall
be entitled to demand and receive
just compensation. That for the
purpose of aiding in the construction
of said canals and bitches there is
hereby granted to said company every
alternate section within the limits of
the above-described territory of land
that is practicable to irrigate; said
land to be selected from the even
numbered sections, and to be taken
from sections and parts of sections Of
the surveyed land of the United
States not heretofore granted, re-
served or sold, or to which pre- -emption
or homestead claims have not been
proved and established according to
the laws of Congress, mineral lands
being excepted from this grant. That
as soon as said corporation shall file
in the Department of the Interior a
map designating the lines of canals
and bitches, as near as may be, the
Secretary of the Interior shall there
upon cause the lands hereby granted
within said limits to be withdrawn
from market; and that the sections
and parts Of sections of land which by
such grant shall remain to the United
States within said limits of this grant
shall not be sold for less than double
the minimum price of the public lands
where sold, nor shall any Of said lands
become subject to private entry until
the same have been first offered at
public sale at the increased price. Said
company shall also have the right to
construct dams across any Of the
rivers and streams at any convenient
and practicable points and use the
waters of said rivers and streams in
aid of and as auxiliary to said canals
and bitches. That the Surveyor-Gen-
eral of Idaho Territory, or any other
person the Secretary of the interior
may select, is hereby constituted q
commissioner to select the lands te
which said company shall be entitled
under the provisions of this act, and
shall, after said maps are filed in the
Interior Department, proceed to select
said lands, and report a map thereof
to said department; and when said
commissioner shall be satisfied that Q
section of canal has been completed
in the manner required by the pro.
visions of this act, covering by its
flow land equal to one township, he
shall forward certificate of such fac,
to the Secretary of the Interior, &C.
companied bya plat of such completed
section, whereupon said Secretary oi
the Interior shall cause patent to be
issued to said company for sections Of
land to which it shall be entitled fol
such completed section of canal Oh
ditch; and in like manner said com
pany shall thereafter receive paten,
for every such section of completed
canal or ditch until the last section o.
said canal or ditch. being one town
ship or less, shall have been completed
as required by this act; and if sale
canals or bitches, covering all the
land practicable to be irrigated within
the aforesaid boundary lines, shall not
be completed by the first day of July
1892, then the lands hereby granted
and not already patented to said com
pany, shall revert to the United State.
and be disposed Of as other public
lands.
SEC. 3. That said Surveyor-Gen.
eral or any one else while acting a.
such commissioner shall receive q
reasonable compensation and his
necessary expenses, to be paid by said
company.
SEC. 4. That the right is hereby
expressly reserved to Congress to SC
amend the provisions of this act as tc
secure the benefits designed to be
conferred upon the owners and oc-
cupants of said lands.