Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1884-10-11


land as taken. hen the said company
may condemn such lands according to
the provisions and requirements of the
Act of Congress approved July 2,
1884, entitled, San act to amend an
act entitled AN act to aid in the con.
structlon OF a railroad and telegraph
line from the Missouri river to the Pa.
cific ocean, and to secure to the gov
ernment the use of the same for pos.
tai, military and other purposes ap-
proved July /, 1862"
SEC. 2. That the said company
shall have the right to construct said
main canals sufficiently large to afford
a water-level at least sixty feet in
width, six feet deep, and an average
current of one mile per hour. tt
shall be the duty of said company to
keep The same in suitable repair and
condition. so that every owner and oc-
cupant of lands within the lowage 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
and compensation. But nothing
herein contained shall be so construed
as to preclude said company from
supplying water for other purposes,
for which they shall be entitled to de.
mand and receive just compensation.
That for the purpose of aiding in the
construction of said canals and bitches
there is hereby granted to said COM
pany 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, reserved or
sold, or to which pre-emption or home
stead claims have not been proved
and established according to the laws
of congress, mineral lands being ex-
cepted from this grant. That as soon
as said corporation shall file in the De-
partment of the Interior map desig-
mating the lines of canals and bitches,
as near as may be, the Secretary of
the Interior shall thereupor cause the
lands hereby granted within said linn
its to be Withdrawn from market; and
that the sections and parts Of sections
of land which by such grant shall re-
main 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 sub
iect 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 anc
streams at any convenient and practi
cable points, and use the waters o
said rivers and streams in aid of anc
as auxiliary to. said canals and bitches
That the Surveyor-General Of Idaho
Territory, or any other person th'
Secretary of the Interior may select
is hereby constituted a commissions
: to select the lands to which said com
panv shall be entitled under the pro
, vision of this act, and shall, after salt
maps have been filed in the Interio
) Department, proceed to select salt
: lands, and report map thereof t.
said department; and when said com
, missioner shall be satisfied that sec
, ton of canal has been complete
} in the manner required by the provi
, sions of this act, covering by its flo'
land equal to one township, he sha
!, forward certificate of such fact t
5 the Secretary Of the Interior, accom-
, panied by a plat of such complet
, section, whereupon said Secretary c
3 the Interior shall cause patent to b
5 issued to said company for sections
t land to which it shall be entitled fe
such completed section of canal
Y ditch; and in like manner said CON
: pany shall thereafter receive pateI
h for every such section OF complete
| canal or ditch until the last section
r said canal or ditch, being one towI
/. ship or less, shall have been con
: pleted as required by this act; and
o said canals OF bitches, covering all II
e land practicable to be lrrigate
s within the aforesaid boundary line
s shall not be completed by the fir
! day of July, 1892, then the lane
n hereby granted, and not already pa
0 ented to said company, shall revert
}, the United States and be disposed
d as other public lands.
Is SEC. 3. That said Surveyor -Gener
al or anv one else while acting as SUI
'. commissioner, shall receive reason
d ble compensation and his necessa
% expenses, to be paid by said cor
lc pany.
1. SEC. 4. That the right is hereby e
,e presslv reserved to Congress to
S, amend the provisions Of this act as
J. secure the benefits designed to
re conferred upon the owners and occ
ID pants of said lands.