Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1884-10-13

owners OF such individual or private
lands and the said company shall not
be able to agree upon the value of the
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, can act to amend an
act entitled AN act to aid in the con-
struction 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 APP
proved July l, 1862"
Sec. 2. That the said company
shall have the right to construct said
main canals sufficiently large to afford
water-level at least sixty feet in
width, 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 owner and oc-
cupant of lands within the Aowage 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 ever.
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-
J partment of the Interior map desig-
mating the lines of canals and bitches,
as near as may be, the Secretary of
the Interior shall thereupon cause the
} lands hereby granted within said lin
its to be Withdrawn from market; and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
r nor shall any Of said lands become sub
Z iect to private entry until the same
e have been first offered at public sale
z at the increased price. Said company
r shall also have the right to construc
e dams across any of the rivers ant
e streams at any convenient and practl
= cable points, and use the waters o
e said rivers and streams in aid of ant
g as auxiliary to said canals and bitches
d That the Surveyor-General OF ldah
e Territory, or any other person tn
IS Secretary of the Interior may select
n is hereby constituted a commlssione
n to select the lands to which said CON
n pany shall be entitled under the pre
e vision of this act, and shall, after sal
d maps have been filed in the lnterle
IS Department, proceed to select sal
W lands, and report a map thereof
e. said department; and when said con
lie missioner shall be satisfied that SCI
le ton of canal has been complete
,e in the snanner required by the prov
N sions of this act, covering by its flo
at land equal to one township, he sha
to forward certificate of such fact
Is the Secretary of the Interior, accon
se panied by plat of such compile
IN section, whereupon said Secretary
he the Interior shall cause patent to
as issued to said company for sections
st land to which it shall be entitled t
I'd such completed section of canal
nv ditch: and in like manner said COZ
m pany shall thereafter receive pate
ch for every such section OF comp'et
,al canal or ditch until the last section
'or said canal or ditch, being one tow
al ship or less, shall have been CO.
M pleted as required by this act; and
to said canals OF bitches, covering all
tie land practicable to be ,rrigat
ms within the aforesaid boundary I'm
ds shall not be completed by the II
oil. day of July, 1892, then the Ian
ter hereby granted, and not already p
to ented to said company, shali rever.
ms, the United States and be disposed
md as other public lands.
els SEC. 8. That said Surveyor Gene
.ral or anv one else while acting as s.
Nv. commissioners, shall receive rease'
md BILE compensation and his necess
to expenses, to be paid by SAID &C
bic pany. 49, .,:.,,.
ma SEC. 4. lhat tne risn' 10 ''"oy
the pressly reserved to Congress to
ais, amend the provisions OF this act a
,in. secure the benefits designed to
.o, tko OxvuerS and &C