The Helena independent., 1894-10-05
THE RIGHTS OF SETTLERS
An important Decision of Secretary
HOko Smith OF the lnte-
rlor Department
Confirming to Sottlors Valic
Claims on Lands Selected for
Reservoir Sites
All Other Lands In the Proposed sites
Are stin 10 lie withhsid
from Knlry.

The officers OF the Helena land ofiee yes
tsTdAY received an important, decision from
tho department. Of tho interior at Washing
ton. II refers TO lands selected for Tossr-
voif sites and restores all valid rights
acquired prior 70 said selections. thus re-
voThlnR q former deolSlon Of the eommls-
slonsT Of the general land oflice. UndsT
this decision II would appear tha, all fllnRs
and applications for patent and permission
10 perfect claims made prior 70 said sslso-
tIons and embraced within Tho reservoir
traots selected are 10 bs held % valid claims
aud can only be acquired TO- reservoir ruf-
posss by actual pu'ehass after condemns
tion and apprsisomsnt. Following 10 the
decision of ,bs secretary Of The interior;
WAsHNoTos. ID. O., Aug. IL, 1894. Com
missioner OF the General Land Once. Sir;
In the matter OF The sslsetlon OF The fol-
lowing rsssrvolT sites the abstracts fn'-
nishsd BY youf ofiles show that large part
Of each 10 no, subjsct 10 reservation for the
purpose intended on soeoun, Of previous
dispositions. and the attention Of the d.
rector Of the asoloRioil au'vsy has bssn
called thereto under data OF July 80, 1888,
he reports, however, that In Tho near future
all OF these sites will DO needed for tho
storage of waters for public purposes, and
that while some OF the lands covered by the
sites will have 10 bs scquirsd BY condsmna-
tion. OF other msana before the rsmsibine q
lands can be used for reservoir purposes.
yet be thinks II would be wise policy 10 re-
serve what 10 YET uadispossd OF. 40 thsir
chief value 10 for reservoir purposes. and
tho future necessities mssi demasd their
acquirsment In maintaining a proper sior-
age OF water II opessd for sstry uhdsr the
general land laws.
Under this view I have 10 direct that all
lands covered by these sitss which are ls-
sally subject 20 reservation continue 10 DO
withdrsvb from disposition 10 await
further action by oongre,s In The matter Of
these reese voir sitss.
Ths sites referred 10 are 40 follows Nos.
8. G. 7, 10, 10, "a. 20. "a, 2S 20. 81. 81. Very
RESPECTFULLY HoxK NTH, Sso'y.
planato'y OF tho above, 10 40 follewsi
WAsBIYoTos. ID. O., sssL &c. 189t-Rsg-
lister and receiver, Helena, Mont; Gentle
men-By offoo letter O. Nov. l3. 1891, you
were di'ootsd 10 allow no entries or nlings.
until fuIthsf advised, on lands covered By
selections made by tho director OF the geo
logical survey for sites for riRssion rsscr-
voirs. and 10 restore all lands Withdrawn
from entry OF flinQ 90 ssmpofnry selections
for reservoir sitss and which were not In.
oluded In the lists transmitted.
The honorable secretary OF the interior.
by q decision dated Aug. IS, 1894. (eopy Of
which 10 herewith inclosed,) directs that all
lands eovsrsd By sitss Nes. q, G, 7, 10, 10,
"a. 26. "a, 28 and 81, which ere legally sab
joot TO reservation. continue Withdrawn
from disposition until further action by
congress. You are advised that the lands
subjsct 10 reservation are all such lands 10
which valid rights had not attached prior
10 the date OF the selections for rsssfvoir
purposes. or hsvs bsou subsequently, and
before the said drcision OF the ssorstaty OF
the interior tellnQulshod or aba ndoned by
the parties Who we're entitled thsrstc.
The suspension of the balsnos OF the
tracts embisced In said sites 10 revoked In
SO far as the parties are concerned Who had
valid rights thereto p'ior 10 the date of So
lections for said sites. or the lands which
have bosn abandoned By tho parties since
the date of the decision herein bsfofs 70.
fsrfsl 20. The selections Of The sites we're
mals on the following dstes Nos. s. G, z,
10 and 81 an Jan. 8. 1890; No. 10 on July 10,
1889; Nos. "a, q, 20, &c and 20 on Feb. "a.
| 1891. Tho additional selections 10 HoI. 10
and 81 we're made on date last mentioned
Frl. "a, 1891. The seleoilons which wsr'
m sde after Oct. q 1883. and before Aug. 20.
1890, take s6so, from The date OF tho act OF
Oct. z 1883. Ths Bites selected sinos Aug.
80. 1890. take eheot from date OF sslsction.
We respectfully r. W. LLMoRylux,
Commissioner.