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Show i REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 86 water upon the land have been put in very rapidly, and a large area is now under cultivation. The agricultural progress in the last year has been most marked, and returns are now coming in to the Indians in the way of crops. Tribal funds to the amount of $20,000 have been used here. I KZarnath.-Results on the Klamath Reservation in Oregon have ! hardly been satisfactory. It is hoped that an intelligent systmn will be planned in the near future, as the Indians now have ample funds of their own available for irrigation. Mis8ion. 1ndian8.-~lmost all the reservations of the Mission In-dians of California were visited by Special Iaspector Chubbuck dur-ing the early part of 1906, and his several reports indicate that their greatest need is water for irrigation. On several of their reserva-tions there is ample agricultural land for their support if it wuld be i properly irrigated. On the Agua Calieste Reservition No. 2, fdr instance, the inspector found that B. B. Barney claimed the water right in Andreas Canyon. In 1893 he had entered into a contract with the Government which provided that, in consideration of the grant of a 20-foot right of way i i for a pipe line, flume, or canal across section 2 of the reservation, ! the Indians were to be allowed sufficient water from the pipe line to irrigate 100 acres, or such part of it as they might hav6 in culti-vation, on the basis of 1 inch continuous flow for each 6 acres of land. This was simply in consideration of the right of way across Indian lands. No recognition was given to the Indians' fight by long use of the water. TJnder the conditions of climate and soil 1 inch of water to each 6 acres was of little or no value, and as a result the Indians soon vacated the land and left Mr. Barney in full possession of all the water. The inspector noticed that Mr. Bar-ney was not using the water in accordance with the letter and intent of the law, but was trying to perpetuate his water right by posting and recording notices of the appropriation of water. Finding that the latest posted notice had run the limit of sixty days with no development work, the inspector immediately posted. a notice of the appropriation of 500 inches of water for use on Indian lands ~ and put the Indians to work on an irrigation ditch. This action brought Mr. Barney to the necessity of defending his right to the ~ a t e r . The inspector found that the pipe line had been constructed at a cost of about $6,000, and had a carrying capacity of 150 inches, and that Mr. Barney had a vested right which should be respected; I so he arranged a compromise by which the agreement of 1893 mas abrogated and a new one made, giving the Indians one-half of the pipe-line flow and one-half of all the water flowing in the canyon other than that entering the pipe line, which ranged from 50 to 150 inches during a part of the season. The agreement mas approved |