AZ vs. CA:16 California Exhibits, Vol. XVI; Nos. 2600-2644

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120507 of the Colorado River Reservation and they have adopted a constitution and by-lav/s which, among other things, empowers the Tribal Council to approve or veto any sale, disposition, lease or encunbranees of tribal lands, interests in lands or other tribal assets. Questions Arising From the Legal and Historic Background This background, both historical and legal, presents a number of intricate questions such as (1) Did Congress by the very general provisions of the 1865 Act contemplate the cettleuent of the reservation by any and all Indians on the Colorado River and tributaries regardless of whether in Arizona or other territory notwithstanding that the recommendation on which the legislation was predicated seemed to intend the reserve for settlement only by those Indians in Arizona territory? (2) (a) Did the act vest the Indians with rights which continue to exist and (b) if so, did the later creation of other reservations for come tribes prohibit them from moving to the Colorado River Reservation even though today it is evident that their own reservations are not large enough both in land and resources to provide them with a livelihood? (3) Or cid the legislation providing for disposal of surplus irrigable Iand3 constitute an abandonment of the original policy limited to Indian settlement? (/+) Or did enactment of the Indian Reorganization Act and the acceptance thereof by the present Indians, including the adoption of a constitution and by-laws, operate to limit Indian occupancy to the incorporated "Colorado River Indian Tribes"? Proposed Development and Colonization Program Consistent with the intent of Congress regarding the irrigation of the entire irrigable area of the reservation as such intent has been expressed over the years, there tias been appropriated the first $|,8fc,0G0 for initiation of construction of a project estimated to cost ^U|,000,000 when completed. This project will provide an efficient and economical diversion, distributing, and drainage system for an estimated 100,000 acres, including leveling and subjugation where necessary. The Mojaves and Chemehuevis cannot possibly utilize this vast natural resource properly. Careful study of the needs of these Indians including those now residing at Needles and Ft. Iiojave, has led to the conclusion that their present and ultimate land requirements will aggregate but not exceed 2^,000 acres of irrigated land. This leaves a balance or surplus of^4,000 acres, which, if not utilized by the Indians, may be disposed of to non-Indians at the express direction of Congress, or the appurtenant and extremely valuable water rights without which the land is practically useless, be lost.