Albuquerque morning journal., 1922-12-11

from the secretary Of the interior
without cost to litigants.
Sec. 10. That whenever upon,
through, or over, in whole or in
part, any lands Of any pueblo grant
sought to be segregated, or segre-
gated, from any indian pueblo un-
der the provisions OF this act, there
shall be located any river creek
lake, pond, spring, reservoir, dam
lirrigaung ditch, canal, or other
waterCoursc or source OF water
supply used for irrigation and cul-
tiVatiUn Of any lands of any Indian
pueblo not included within the
areas SO segregated, or sought to
be segregated, the right of the pu-
cblO to the use ana benefit of any
waters existing or found in any
such river, creek, lake, pond,
spring, reservoir, dam, irrigating
ditch, canal, or other watercourse
shall, in case Of suit brought there
for, be decreed to the said pueblo
according to It's appropriation
thereof Tor the irrigation Of the
lands Of the pueblo as irrigated and
cultivated at the time of the pas
| sage and approval hereof, and any
! further and additional use Of such
waters and the appropriation
! thereof shall be acquired, deter
mined and adjudicated according
to the laws of the state of New
I Mexico governing tho appropria-
ton and use of waters for irriga-
tion purposes.
! Sec. IL. That all proceedings un-
! der this act in the said district
court shall be without costs to par
ties.
Sec. 19. That any party aggriev-
ed by any final judgment or decree
of tho district court in any OF the
! foregoing cases, either civil or
criminal, shall have the right to
an appeal or writ Of error as in
other civil and criminal cases.
Sec. 13. That in any action
brought under the provisions of
this act in which the segregation
of any lands of any pueblo is
sought the United States of Amer
| lea, in its capacity of guardian OF
the said Pueblo Indians, shall APP
pear and shall be represented by
some person learned in the law,
lwho shall be named and designat-
led by the attorney general Of the
IUnited States for that purpose,
with such assistants, legal and cler-
ical, and with such compensation
as to the attorney general shall
seem meet and proper.
Sec. IA. That all suits which
may be brought by persons or cor
porations other than the pueblos
hereinbefore named and the in
habitants thereof, commonly
known and accepted by the pueblo
as Pueblo Indians, involving any
right, title, interest, benefit, use
! possession, or right of possession
of any such person or corporation
to any lands falling or included
within the exterior boundary lines
of any of the pueblo grants in this
act enumerated and specified shall
be commenced within five years
from the date of the passage and
approval Of this act otherwise the
same shall be forever barred and
said persons or corporations shall
lose all rights and benefits by this
act provided.
ctCs i o. IlIJ buLN NGyH OL ldtAus
within pueblo grants and reserva-
tions held and occupied by persons
not Indian, or corporations, as
hereinbefore made under the SUI
pervsion of the surveyor general
for New Mexico, and plats and field
notes of which have been filed in
his office, shall be accepted, as
prima facle evidence OF the
boundaries OF land therein de-
scribed.
Sec. 1C. That in cases where
lands within such grants, or any
part or parcel thereof, shall at the
trial be shown not to have been
held and occupied by the claim
ants, non-lndians, for the period
fixed by section 5 of this act fol
the acquiring Of title under the
provisions hereof, but have
been purchased, or acquired by in
heritance, used and cultivated, OF
purchased, or acquired by inner
itance, held, occupied, or otherwise
used for pastoral purposes under
fence, in good faith by the claim
ant, the court shall make a specia
finding determining the boundarie.
of the tract so purchased, acquired
held and occupied, used and cul'
tivated. in good faith, as we'll q,
also the value OF the land without
improvement, and shall report
such finding to the secretary ol
the interior, and the claimant, il
the secretary of the interior sha
approve an application made by
the claimant for said land, may
purchase the same at the value
found by the court, and the pur.
chase price shall be held in trust
and expended for the pueblo under
such rules and regulations as shall
be from time to time prescribed
for the benefit of the pueblo with
in whose grant any such tract o.
; land shall be situated.
The bill was reported to the sen.
ate without amendment, ordered tt
be engrossed for a third reading
read the third time, and passed.