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Show cept that irrigation of Indian trust and tribal lands and repayment therefor shall be in accordance with the laws relating to Indian lands." The Leavitt Act27 provides that, although a lien would exist against any Indian-owned lands within any government irrigation project for future con- struction costs, assessments would be deferred as long as the title to the land remained in Indian ownership. To irrigate Indian land, whether tribal or allotted, under Bureau of Reclamation projects, the Bureau of Indian Affairs would have to obtain appropriations to meet repayment obligations cor- responding to those required of non-Indian land- owners included under the project. This Bureau would then also have the obligation to see that the lien against the Indian land is exercised and the Government is reimbursed through a repayment contract with the subsequent purchaser of Indian land included within the project. As guardian of the Indians' property rights, the Secretary of the Interior has to protect the interests of the Indians' water rights whenever a situation arises which may be prejudicial to them. The Su- preme Court in the decision of Winters v. United States28 held that upon establishment of certain reservations, the rights to use of water for the irriga- tion of the reservation lands were impliedly reserved. In general, it appears that the problem of pro- viding irrigated land for Indians can be taken care of by full recognition of Indian rights under the Winters doctrine before construction of an irriga- tion project which embraces both Indian and non- Indian rights. Conclusions The Missouri River Basin program of water de- velopment should bring substantial net advantages to the Indians. In the realization of those benefits, however, they must make many readjustments. Conscientious and generous efforts should be made to minimize the dislocations, hardships, and losses, and adequately reimburse the Indians; and to assist in the general rehabilitation and readjustment of the Indians to changed conditions. The Indians should be adequately reimbursed for the land, with improvements, and its natural cover, natural protection to livestock against winter weather, and accessibility to water, as well as intan- gible losses occasioned by disruption of their tradi- tional social organization and way of life. They 27 Act of July 1,1932, 47 Stat. 564, 25 U. S. C. 386a. 28 207 U. S. 564 (1908). should also be reimbursed for infringements of treaty rights. Adequate legislation should be passed to provide for: (1) Prompt payment for Indian land acquired for the program. (2) Financial assistance to the Indians in locat- ing lieu land and in the purchase of land, livestock, and equipment. (3) Technical advice and assistance to Indian farmers and stockmen as to desirable irrigation and other farming practices. (4) Assistance in, and acceleration of, the sale and purchase of fractionated ownership units to permit organization of economically feasible oper- ating units for those Indians willing and able to work them. (5) Inclusion of nonleased Indian land in irri- gation projects on the same basis as non-Indian land as to liability for construction and operation and maintenance costs, except that the lien against Indian land for construction costs shall not be en- forceable until title to the land has passed out of Indian ownership. (6) Voting powers for Indians on the same basis as non-Indians on such issues as formation of irri- gation districts. (7) Arrangement for suitable governmental services (Federal or otherwise) to the Indians after the necessary relocation and other adjustments have been effected. (8) Reserving for the affected Indian tribes, for sale and distribution to Indians, an appropriate block of Missouri River Basin Project power. 4. Extent to Which Flood Plain Zoning Is Practicable The Problem Practicality of flood plain zoning in the Missouri Basin for flood damage prevention. The Situation Flood plain zoning in the basin, as elsewhere, is a measure for minimizing flood damage through controlling development in areas subject to flood hazard. Its application may range through a wide variety of regulations, depending on the degree of the hazard involved and the probable use of the hazardous area if unrestricted. Minimum zoning regulations would require only a notice of the flood 239 |
