The McCook tribune. (McCook, Neb.) 1886-1936, 1891-04-03

I OiC DCISOA Ouil
not 10 include lands entered Of sought
to be entered under mineral land laws.
Sec. Is. That the right OF way
through the public lands and reserva-
tions OF the United States is hereby
granted to any canal or ditch company
formed for the purpose of irrigation
and duly organized under the laws OF
any state or territory, which shall ave
filed, or may hereafter file. with the
secretary of the interior a copy OF its
articles of incorporation, and due
proofs of its organization under the
same, to the extent OF the
ground occupied by the water OF
the reservoir, and of the canal and its
laterals, and so feet on each side OF
the marginal limits thereof; also the
right tt take from the public lands adj
jacent to the line of the canal or ditch,
material, earth, and stone necessary
for the construction of such canal or
ditch: Provided, That nc such right
of way shall be so located as to inter-
fere with the proper occupation by the
government OF any such reservation;
and all maps of location shall be SUBJ
ject to the approval of the department
of the government having jurisdiction
of such reservation, and the privilege
herein granted shall not be construed
to interfere with the control Of water
for irrigation and other purposes under
authority of the respective states or
territories.
Sec. 10. That any canal or ditch
company desiring to C the bene-
fits of this act shall, within twelve
months after the location of ten miles
of its canal. if the same be upon sur
veyed lands, and if upon unsurveyed
lands, within twelve months after the
survey thereof by the United States,
file with the register of the land office
for the district where such land is To-
Gated a map of its canal or ditch and
reservoir; and upon the approval
thereof by the secretary of the interior
the same shall be noted upon the plats
in said Office, and thereafter all such
lands over which such rights of way
shall pass shall be disposed OF subject
to such right of way. Whenever any
person or corporation, in the cOnstruc-
ton of any canal. ditch or reservoir,
Injuries or damages the possession OF
any settler on the public domain, the
party committing such injury or dam
age shall be liable to the party injured
for such injury or damage.
Sec. 90. That the provisions of this
act shall apply to all canals, bitches,
or reservoirs, heretofore or hereafter
constructed, whether constructed by
corporations, individuals or associa-
tons of individuals, on the filing Of the
| certificates and maps herein provided
for. Ii such ditch, canal or reservoir
has been or shall be constructed by
an individual or association Of individ-
uals, it shall be sufficient for such in
dividual or association of individuals
TO file with the secretary OF the in
terror, and with the register of the
land office where said land is located,
a map Of the line of such canal, ditch
or reservoir, as in case OF Il corpora
ton, with the name OF the individual
owner or owners thereof, together with
the articles of association, if any there
be. Plats heretofore filed shall have
the benefits of this act from the date
of their fling, as though filed under
it: Provided, That if any section OF
| said canal or ditch shall not be COM
pleted within five years after the loca-
ton of said section, the rights herein
| granted shall be forfeited as to any I'M
completed section of said canal, ditch
or reservoir, to the extent that the
same is not completed at the date CT
the forfeiture.
See. 81. That nothing i'll this act
shall authorize such canal or ditch
company to occupy such right OF way
except for the purpose OF said canal or
ditch, and then only so far as may be
necessary for the construction, main
tenance, and care of said canal or ditch.
Sec. %. That the section of land re-
served for the benefit of the Dakota
Central railroad company OF the west
bank of the Missouri river; st the
mouth 0s Bad river, as provided by
section 16 of IAN &c. to divide a por-
ton of the reservation OF the Sioux
Nation OF Indians in Dakota into sep
arate reservation. and to secure the
REIMBURSEMENT OF the Indian title to
the remainder, and for other pur-
poses" approved March ,, 1889, shall
be subject to entry under the townsite
law only.
Sec. %. That in all cases where sec
ond entries OF land on the Usage In
dian trust ana diminished reserve lands
in Kansas, to which at the time there
were no adverse claims. have been
made, and the law complied with as
to residence and improvement, said
entries be, and the same are hereby,
confirmed, and in all cases where per-
sons were actual settlers and residing
upon their claims upon said Usage In.
dian trust and diminished reserve lands
in the state of Kansas on the 9th day
of May, 1872, and who have made SUBJ
sequent presumption entries either
upon public or upon said Usage Indian
trust and diminished reserve lands,
upon which there were no legal prior
adverse claims at the time, and the
law complied with as to settlement,
said subsequent entries be, and the
same are hereby, confirmed.
Sec. "a. That the president OF the
United States may from time to time
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