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Show 190 UPDATING THE HOOVER DAM DOCUMENTS On March 2, 1976, Reclamation paid the Tribes $15,394.83 which had been included in the Public Works Appropriation Act, Public Law 94-180, dated December 26, 1975, for Reclamation's taking of the Reservation land for its levee and the return of rental fees collected by BLM from permits on Indian lands (see memorandum of January 27, 1976, from Reclamation to the Native American Rights Fund). F.6. Act Enlarging Boundaries In the Congressional consideration of the Colorado River Basin Salinity Control Act, 88 Stat. 266, dated June 24, 1974, Public Law 93-320, the Tribe urged the inclusion of a provision which became Section 102(e) of that Act. The Tribe was thereby successful in obtaining the addition of approximately 360 acres of lands to its Reservation along its southern boundary, and the construction of three bridges across the aforementioned drainage channel which would hinder its access to the river which was already impaired by the two levees and railroad (see Appendix 1403 for text of Act). A priority date as to water therefor remains to be resolved. F. 7. Special Master's Findings The Special Master in Arizona v. California, 376 U.S. 340, found that there were 431 acres of irrigable Reservation land which, together with related uses, have a maximum annual diversion requirement of 2,744 acre-feet of Colorado River water (pages 267 and 268 of Special Master's Report dated December 5, 1960). This acreage did not include the area added to the Reservation by the Departmental Order of December 29, 1972, the aforesaid litigation or by the two later Acts of Congress. G. Colorado River Indian Reservation G.I. Background The Colorado River Indian Reservation, which has approximately 9,213 practicably irrigable acres in California and 99,375 practicably irrigable acres in Arizona, was established by an Act of March 3, 1865, 13 Stat. 559, which initially set apart 75,000 acres in the Territory of Arizona for an Indian Reservation. The boundaries were later changed by Executive Orders of November 22, 1873 (by which adjoining bottom lands in the Territory of Arizona were added to the Reservation), November 16, 1874 (by which lands on the westerly side of the Colorado River were added), May 15, 1876, and November 22, 1915. G.2. Western Boundary Question The provision in the Executive Order of November 16, 1874, which enlarged the Reservation to include lands on the westerly side of the Colorado River in the State of California, was as follows: "...thence southwesterly in a straight line to the top of Riverside Mountain, California; thence in a southeasterly direction to the point of beginning...." However, the boundary line as defined in the Order crossed the Colorado River twice in returning to the place of beginning and cutoff a large tract on the east side of the river which was being settled by non-Indians. This led to a decision by the Secretary of the Interior to redefine the western boundary so as to make the Colorado River the boundary line (see page 270, Special Master's Report of December 5, 1960, in Arizona v. California, 373 U.S. 546). This redefinition was done by the Executive Order of May 15, 1876, which described the western boundary as follows: "...thence southwesterly in a straight line to the top of Riverside Mountain, California; thence in a direct line toward the place of beginning to the west bank of the Colorado River; thence down said west bank to a point opposite the place of beginning..." (emphasis added). However, the precise line of the western boundary still presented a problem. |