Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1882-09-29

also from living streams and spring,
and Boise river, to flow and reclaim
all arid land lying between said Snake
river and the Middle Fork of Boise
river down to where the main Boise
river puts into the Snake river,
bitches and canals to be taken out of
said streams and Boise river at such
points as may be practicable TO irri-
gate and reclaim said arid lands lying
between said Snake and Boise rivers
from the American Falls on Snake
liver, north to point on the Middle
Fork OF Boise river known as Allan
ia, down said streams and west to the
confluence of the said Snake and
Boise rivers; and the said company
shall have the right to locate, con-
struct, and maintain lateral or branch
canals from the main or head canal
wherever water may be needed for ir-
rigatns the desert lands in said val
levs as above described; and said COM
panv shall have the exclusive right to
appropriate, flow, divert, and distrib
ate the waters of said rivers and
streams for tie purp ose Of irrigating
the Ian Is OF said valleys, and t. charge
and collect from parties using such
water reasonable tolls; and also the
right to construct and maintain such
dams, ssuices, and locks in said rivers
and streams, and such aqueducts, tun-
nels, and fumes in said canals and
lateral branches as may he necessary
70 flow, diver: and distribute said wa
tiers; and said company shall have
the right to enter upon and
take from the public lands any rock,
earth, and other material that may be
required for the construction of said
dams, canals, fumes, aqueaucts. or in
the maint nance thereof: and shall
also have the right, wherever the said
canals and branches pass through the
public lands, to take, occupy and use
the public lands as a right of way for
said canals and branches, not exceed
ING two hundred feet in width on
either side thereof, and also the like
night of way over and through any
lands owned by individuals; and in
case the owners Of such individual or
private lands and the said company
shall not be able to agree upon the
value of the land SO taken, then the
said company may con lemn such
lands according to the provisions and
requirements Of the act Of G ,ngress
approved July ,, 1854, entitled AN
act t. amend an act entitled AN act
to aid in the const uction of rail
road and telegraph line from the Mis-
souri, river to the Pacific ocean, anG
10 secure to the government the use
Of the same for postal, military and
other purposes approved July |,
1862"
SEC. That the said company shall
have the right t. construct said main
canals sufficiently large to afford
water .evel at least sixty feet in width.
six feet deep, and an average eurren.
of one mile per hour. 1t shall be the |
duty Of said company To keep the
mme in suitable repair and condition,
so that every occupant and owner OF
lands within the tlowage Of said canals
shall, during every season, be able
procure preport:onate share Of water,
for irrigation, for which said company
shall have the right To demand ant.
collect reasonable tolls or compensa.
tim. But nothing herein containe
shall be SO cons rued as to preclude
said company from supplying water
for other purposes for which they shall
be entitled to demand and receive
just compensation. That FIR th,
purpose of aiding i'll the construction
of said canals and ditcies ther. is
aere' y granted to said company ever,
alternate section within the Limits OF
the aboveaeseribed territory Of land
that is practicable TO irrgate; sale
land to be selected from the even.
numbered sections, and to be kel
irom sections and parts Of sections o.
the surveyed land Of the United
.tates not heretofore granted, re-
eeryea or sold, or to which prescription.
Or homestead claim, have not beet
proved and established according to
the laws Of Congress-, mineral land
being excepted from this grant. That
as soon Us said corporation shall file
II the Department of the Interior a
map designating the lines of canal.
and bitches, as near as may be, the
Secretary of the Interior shall there
upon cause tic lands her eby granted
within said limits to be witHdrawi.
from market; and that the sections
and parts OF sections Of land which BY
such grant shall remain to tie United
States within said limits Of this gran,
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 fret offered at