OCR Text |
Show 284 Reserve was initially established as a military post by an Executive Order of 1870,5S and the western boundary thereof was described in notes of survey accompanying the order. When laid out on the ground the calls in the notes of survey conflict. The call to artificial monuments in the notes of survey would place the western boundary on a line near the east bank of the Colorado River, but the call for courses and distances in the notes of survey would place the boundary farther west, in foothills west of the River. In 1928, a General Land Office survey resolved this conflict in favor of the call to the artificial monuments, thus establishing the boundary on the east side of the Colorado River. California contends that the 1928 survey correctly establishes the western boundary of the Hay & Wood Reserve portion of the Reservation.59 The United States contends that the proper boundary is farther west, as prescribed by the calls for courses, distances and acreage given in the 1870 notes of survey.60 The California contention is sustained. In my view the 1928 General Land Office survey is conclusive of the boundary location, and, in any event, the 1928 survey is the best evidence of the proper location of the boundary and, therefore, the correct boundary is as determined therein. It has been established beyond question that a General Land Office survey, when made within the jurisdiction of that department, is conclusive and cannot be collaterally assailed. United States v. Coronado Beach Co., 255 U. S. 472 (1921); Stoneroad v. Stoneroad, 158 U. S. 240 (1895) ; Knight v. United States Land Assoc., 142 U. S. 161 (1891); Cragin v. Powell, 128 U. S. 691 (1888); Smelting Co. v. Kemp, 104 U. S. (14 Otto) 636 (1881); 58U. S. Ex. 1323. 59Calif. Proposed Conclusion 18E:204. 60Memorandum of United States Re Fort Mohave Indian Reservation Boundary (December 1958) (passim); see U. S. Finding 4.5.8. |
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Original Report: State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California |