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Show 186 UPDATING THE HOOVER DAM DOCUMENTS D. Summary of United States Claims Finally, the Motion of the United States for Modification of the Decree, filed with the Court on December 21, 1978, claims the following "omitted" acreages of acres added by boundary adjustments, and acre-feet of water: Boundary Acre-Feet Omitted Adjustments of Water 1,250 acres 3,000 acres 27,455 500 acres 150 acres 3,880 15,000 acres 3,110 acres 120,794 500 acres 5,500 acres 40,020 33 acres 1,112 acres 7,294 Fort Mohave Chemehuevi Colorado River Fort Yuma Cocopah It is presumed that these differences and the validity of the claims will be the subject of the proceedings before the Special Master appointed by the Supreme Court's Opinion of January 9, 1979, in Arizona v. California. E. Chemehuevi Indian Reservation E. 1. Background i The Chemehuevi Indian Reservation was established by an order of withdrawal from entry made by the Secretary of the Interior dated February 2, 1907 (see Appendix 1101 for text of order). According to the Solicitor's Opinion of December 15, 1939, the Order was in confirmation of the Indian's use and occupancy rights therein acquired by long residence. Pursuant to that order, approximately 36,000 acres of land bordering on the California side of the Colorado River were withdrawn pending action of Congress to authorize the addition of the lands to the Chemehuevi Indian Reservation. The effect of the withdrawal was the addition of these lands to the Reservation. On February 10, 1933, the United States, acting through the Secretary of the Interior, contracted with The Metropolitan Water District of Southern California (MWD), for the Parker Dam Project. Funds for the construction of Parker Dam in the amount of $13,170,437 were advanced by MWD to the United States for the construction of Parker Dam, which was to serve as a forebay and desilting basin from which MWD could pump water into its Colorado River Aqueduct for delivery to the coastal plain of Southern California. MWD and the United States each had the rights to one-half of the power privileges at the Dam. An Act of Congress, dated August 30, 1935, 49 Stat. 1038, authorized construction of the Dam, which was substantially completed in September 1938. E.2. Act Granting Reservation Lands to United States In aid of construction of Parker Dam, the Act of July 8, 1940, 54 Stat. 733: "...granted to the United States...all the right, title and interest of the Indians in and to the Tribal and allotted lands of the...Chemehuevi Reservation in California as may be designated by the Secretary of the Interior." The Act required the Secretary to determine the amount of money to be paid as "just and equitable compensation for the rights granted..." to the United States, and that such amount shall be paid by MWD in accordance with the aforementioned contract. The lands granted to the United States included a portion of the land previously allotted to the Indians (see Appendix 1102 for text of Act). By letter dated October 9, 1940, the Secretary approved appraisal evaluations of the Chemehuevi lands based on a metes and bounds description prepared by MWD. The evaluation included a freeboard area |
