Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1898-05-31
CANAL WAY DENIED.
FinaI Decision in the Natter
of the Rio Verde Canal.
The Office Decision of fhe Land COM
missioner Upheld-PenSiOnS and
Patents Issued TO AriZOnianS.

Washington, May 3O.-(Special.) y
The acting secretary OF the interior
has rendered an opinion in the mat
ter of the Rio Verde Canal company as
follows:
To the commissioner of the General
Land Office.
Sir: The record shows that on Sep
TENDER Is. your Office decision was rem
dered in the matter of the application
of the Rio Verde Canal company Tor
right of way to certain lands for the
purposes of irrigation, in the Tucson land
In part in said decision you held as
follows:
maps and seven sets of field notes. each
in duplicate, filed by the Rio Verde Canal
company under sections IS to q, act OF
March 8, 1891, (2e Stat, 1885. as part of
an application for canal and reservoir
right of way, and transmitted with your
two letters of May Is and your letter OF
August IA. 1896
sheet 8, transmitted with your letter of
May %, shows the location of the canal
line on unsurveyed land. about thirty
six miles. of which III miles lie within
the Salt River valley Indian reservation.
cit has been held that the right of way
act does not apply to Indian reservations
"a L. D., 265), and further that right OF
way for ditch depending for water on
a
walton should not be approved"
Your office decision, therefore, refused
to grant a right of way to said company
for such portion of said proposed canal
as lay within the Indian reservation
known as the Salt River reservation. and
for such additional part as lay beyond
said reservation and depended for it's wa
ter supply upon the proposed route
ton of your Office appeal has been taken.
The act of March 1881, supra, section
Is. thereof, page 11O1. is as follows.
That the right of way through the
public lands and reservations of the
United States is hereby granted to any
canal or ditch company formed for the
purpose of irrigating and duly organized
under the laws of the 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 occu-
pied by the water Of the reservoir and Of
the canal and its laterals, and fifty feet
on each side of the marginal limits
thereof: also the right to take, from the
public lands adjacent to the line of the
canal or ditch. material. earth. and stone
necessary for the construction of such
canal or ditch: Provided. That 10 such
right of way shall be so located as to
fnte fere with the proper occupation by
tie government of any such reserva-
fIon.''
In the Florida-Mesa Ditch company
"a L. D., 1851. the decision concludes as
follows:
For the reasons herein set forth, I am
of the opinion that it was not intended
by said act of March 8, 1891, to grant the
right of way for canals and bitches
through Indian reservations"
Without determining what the ruling
would be If the question were now before
the department for the first time, the
matter will be treated as settled by the
decision cited, which has been acQuiesced
in for several years.
1t was urged as a second ground of ap-
peal that the appellant is entitled to the
approval of such portion of his map as
lies beyond the Salt River Indian reser-
walton and outside of its limits though
dependent for it's water supply upon the
right of way asked for through such res
ervation.
This question was considered in the
case of the La Plata Irrigating Ditch
company (H L. D., $3.50, and it was held
(syllabus):
"a right of way for an irrigating ditch
that traverses. among other lands, a
military reservation, and also an Indian
reservation, will not be approved as to
any part thereof, where 1t appears that
by the maintenance of said ditch the
supply of water necessary for the proper
use of said reservation will be seriously
impaired"
act of March g. 1891, which requires the
approval of this department of the map
of location, imposes upon the department
the duty of requiring that it shall priraa
facie appear, before approval of the map,
that a source of water exists which can
be reached by the route selected
The department having refused to ap-