Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1891-04-16

which 10 permitted to be acquired by
one person only agricultural lands aud
not TO include lands entered OF sought
to be entered under mineral land laws.
Sec. IL. That the right OF way
through the public lands and reserva-
lions 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 have
filed, or may hereafter file, with the
secretary OF the interior 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 80 feet on each side of
the marginal limits thereof; also the
right to take from the public lands ad-
iacent to the line of the canal or ditch.
material, earth, and stone necessary
for the construction OF such canal or
ditch: Provided, That no such right
of way shall be SO located as 10 inter
fere with the proper occupation by the
government of any such reservation;
and all maps of location shall be sub
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 secure the oene-
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 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
i for such injury or damage.
Sec 20. That the provisions OF this
act shall apply to all canals, bitches,
l or reservoirs. heretofore or hereafter
constructed, whether constructed by
! corporations, individuals or associa-
r tons of individuals, on the filing OF the
e certificates and maps herein provided
t for. II such ditch, canal or reservoir
It has been or shall be constructed by
n an individual or association of individ-
uals, it shall be sufficient for such in
u dividual or association Of individuals
!. TO file with the secretary OF the in
l. terror, and with the register of the
u land Office where said land is located,
II map OF the line of such canal, ditch
!, or reservoir as in case of corpora
t ton, with the name OF the individual
e owner or owners thereof, together with
1t the articles of association. if any there
lie be. Plats heretofore filed shall have
IS the benefits of this act from the date
he of their fling, as though filed under
rs it: Provided, That if any section Of
l. said canal or ditch shall not be com.
pleted within five years after the loca
o. ton of said section, the rights herein
n granted shall be forfeited as to any I'm.
Il completed section Of said canal DITCH
n or reservoir, to the extent that the
s same is not completed at the date O
:, the forfeiture.
Sc Sec. 81. That nothing in this &C
Sc shall authorize such canal or ditcl
10 company to occupy such right>of wa!
IN except for the purpose OF said canal O
Ell ditch, and then only SO far as may b.
10 necessary for the construction, main
n. tenance, and care OF said canal or ditch
III Sec. 90. That the section of land re
20 served for the benefit OF the Dakot;
1o Central railroad company on the ives
bank of the Missouri river. ct tn,
=, mouth os Bad river, as provided b,
=: section is OF IAN scs to divide por
=. ton of the reservation of the Siou.
~ Nation of Indians in Dakota into sep
'n arate reservation. and to secure tn
=. REIMBURSEMENT of the Indian title t.
- Lne remainder, ana lOr OCner puf
"; poses," approved March ., 1889. shall
~ be subject to entry under the townsit
~ law only.
ha Sec. 20. That in all cases where sec
N ond entries of land on the Usage In
"a dian trust and diminished reserve land
~ in Kansas. to which al the time Their
an were no adverse claims have bee
vn made, and the law complied with a
or W resioence anu Improvement sal
al enlries oe' anu inc same are nereoy
n confirmed, and in all cases where per
rv sons were actual settlers and resi0in
in upon their claims upon said Usage In
he dian trust and diminished reserve land
nd in the state of Kansas on the 9th da
ne of May, 1872, and who have made sub
be sequent pre-emption entries eithe