Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1884-10-08

lands and the said company shall not
be able to agree upon the value of the
land as taken, then the said company
may condemn such lands according to
the provisions and requirements of the
Act of Congress approved July 2,
1854, entitled, "An act to amend an
act entitled AN act to aid in the con.
struction of railroad and telegraph
line from the Missouri river to the Pa.
citc ocean, and to secure to the gov
ernment the use of the same for Dos.
tai, military and other purposes ap-
proved July l, 1862"
SEC. 2. That the said company
shall have the right to construct said
main canals sufficiently large to afford
a water-Ievel 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 fowage 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
us 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-cmption 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 a 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 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its to be withdrawn from market; and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,
nor shall any of said lands become SUBJ
ject 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 practi-
cable points, and use the waters Of
said rivers and streams in aid of and
as auxiliary to said canals and bitches.
That the Surveyor-General Of Idaho
Territory, or any other person the
Secretary of the Interior may select,
is hereby constituted a commissioner
to select the lands to which said COM
| pany shall be entitled under the pro-
vision of this act, and shall, after said
maps have been filed in the Interior
Department, proceed to select said
lands, and report a map thereof to
said department.; and when said COM
missioner shall be satisfied that sec
ton of canal has been completed
in the manner required by the provi-
sions of this act, covering by its flow
land equal to one township, he shall
forward certificate of such fact to
the Secretary Of the Interior, accom-
panied by plat of such complete
section, whereupon said Secretary OF
the Interior shall cause patent to be
issued to said company for sections OF
land to which it shall be entitled for
such completed section of canal or
ditch; and in like manner said COM
pany shall thereafter receive patent
for every such section of completed
canal or ditch until the last section OF
said canal or ditch, being one town
ship or less, shall have been com
pleted as required by this act; and il
said canals OF bitches, covering ali the
land practicable to be irrigated
within the aforesaid boundary lines
shall not be completed by the frs
day of July, 1892, then the lands
hereby granted, and not already pat
ented to said company, shall revert te
the United States and be disposed o1
as other public lands.
SEC. 8. That said Surveyor Genera
or any one else while acting as suci
commissioner, shall receive reasona
BILE compensation and his necessar.
expenses, to be paid by said com
panv.
SEC. 4. That the ri ght is hereby ex
pressly reserved to Congress to 81
amend the provisions of this act as t.
secure the benefits designed to b.
} conferred upon the owners and occu