OCR Text |
Show -12- 17, 14, and 15. The right of way of the Oregon Short Line Railroad also traverses the entire length of the tract, mainly on the north side of the river, and substantially the northern one-third is worthless, the same being nothing but a lava reef. Indeed we may eliminate numbers 11 and 12, and the southwestern portion of 13, not only because such land was neither irrigated nor cultivated nor in use, at the time the treaty was made, but also because it is so situated that it is not susceptible to irrigation from Indian Creek. Neither has 16 nor the residue of 13 ever been irrigated from Indian Creek. The land susceptible to irrigation-about 80 acres lying on both sides of the Portneuf River-has, insofar as it has ever been irrigated at all, been flooded from the river; it has never received any water from Indian Creek. Approximately 25 acres in number 15, 50 acres in number 14, and 50 acres in number 17, may be irrigated from Indian Creek. The tracts embraced in these allotments were occupied by the Indians for whom this suit was brought for some years prior to the treaty of 1898, and both at the time the treaty was made and at the time of the allotment pursuant thereto, portions of the tracts were irrigated by means of ditches diverting water from Indian Creek, and agricultural crops were being raised thereon. Meager though the evidence is, and indefinite, as to the ditches and the amount of water used and the area irrigated, I am inclined to think it is sufficient upon which to base the conclusion that these three allotments fall within the reservation of Article VIII of the 1898 treaty. The evidence is also meager and unsatisfactory as to the duty of water. There is some testimony by witnesses of doubtful competency to the effect that water has a very low duty, but no dis- |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde 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, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |