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Show 287 certain lands in the State of Arizona.69 Other evidence compels the conclusion that the "official map" (California Exhibit 3501) referred to in making the 1928 survey was the Fort Mohave plat accompanying the Executive Order of March 30, 1870.70 Because the 1928 General Land Office survey located the western boundary of the Reserve by reference to the map set forth as California Exhibit 3501, which map accompanied the Executive Order of March 30, 1870, it can safely be said that the 1928 survey adequately identified the location of the monuments and that the boundary line set forth therein is the correct western boundary of the Hay & Wood Reserve of the Fort Mohave Indian Reservation. Manifestly, lands within the disputed area which have been patented pursuant to Congressional authorization cannot be considered as part of the irrigable acreage of the Reservation, title having passed from the United States. See United States v. State Investment Co., 264 U. S. 206, 212 (1924). 69Tr. 20326-20328 (Pratt); Calif. Ex. 3518. 70U. S. Ex. 1323. The map is dated February 1870; the survey upon which it was based was made in 1869; and the letter requesting withdrawal, dated March 12, 1870, transmitted a plat of the Hay & Wood Reserve. Ibid. Moreover, California Exhibit 3501 was drawn by military engineers at the Head Quarters Department, California, and the letter requesting withdrawal was written by the United States Military Commander at San Francisco. In addition, the courses and distances and acreage specified in a table on the map correspond exactly to those set forth in the notes of survey accompanying the Executive Order of 1870. Tr. 20343-20344 (Pratt). Compare Calif. Ex. 3501 with U. S. Ex. 1323. Finally, the southwest and northwest corners of the tract shown on the map correspond to courses and distances specified in the notes of survey and the plat could be prepared from the description given in the notes of survey. Tr. 20344-20346 (Pratt). |
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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 |