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Show CHAPTER XI 191 G.2.1 Benson Line In 1879, U.S. Surveyor W. F. Benson established a meander line common to Sections 25 and 36, T. 2 S., R. 23 E., SBM, at a point on the west bank of the Colorado River which also fell on the line between the top of Riverside Mountain and the place of beginning of the Reservation as described in the Executive Order. He also surveyed the west boundary of the Reservation from Section 25 south through Section 12, T. 5 S., R. 23 E. This is known as the "Benson Line area." G.2.2 Manmade Avulsive Changes The western boundary situation was further complicated by the fact that there were two manmade avulsive changes: the "Olive Lake Cutoff' constructed in 1920, and the "Ninth Avenue Cutoff' constructed in 1943, each cutoff changing the course of the river to the east. The Olive Lake Cutoff left 2,058 acres of irrigable Reservation land lying west of the present west bank of the river and east of the river's west bank as it existed in 1920, and the "Ninth Avenue Cutoff' constructed in 1943, each cutoff changing the course of the river to the east. The Olive Lake Cutoff left 2,058 acres of irrigable Reservation land lying west of the present west bank of the river and east of the river's west bank as it existed in 1920 prior to the cutoff (see Special Master's Report, page 271 in Arizona v. California; but see Interior's 1973 survey, which showed 1,690 acres to the median line of the abandoned channel). The Ninth Avenue Cutoff left 222 acres similarly situated (see Special Master's Report, page 272; but see Interior survey, which showed 149.86 acres to the meridian line of the abandoned Channel). In addition, there are 5,933 acres of irrigable Reservation land in the northern West Side Area to the north of the intersection of the Reservation's westerly boundary and west bank of the Colorado River. Thus, there is an aggregate of 8,213 acres of irrigable Reservation land west of the present west bank of the river which have a maximum annual diversion requirement of 54,746 acre-feet. This acreage, when added to the 99,375 acres of irrigable Reservation lands east of the present west bank of the Colorado River, which have a maximum annual diversion requirement of 662,402 acre-feet, results in an aggregate of 107,375 acres of irrigable Reservation land, which, together with related uses, have a maximum annual diversion requirement of 717,148 acre-feet (see pages 271 through 274, Special Master's Report dated December 5, 1960). G.3. Departmental Actions The boundary problems involve the point "...at which the line from the top of Riverside Mountain reaches the west bank of the Colorado River, and whether the west bank position is fixed or changes with the movements of the river." (Solicitor's Opinion, January 17, 1969.) Consequently, in response to a request from the Colorado River Indian Tribes that the western boundary be determined, the Solicitor of the Department of the Interior rendered his Opinion to the Secretary on January 17, 1969. The Solicitor's Opinion described the history of the dispute as follows: "During the trial of Arizona v. California et al., the United States claimed water rights for an extensive area of irrigable lands along the west side of the river. California resisted the claim of the United States for any lands south of section 25, T. 2 S., R. 23 E., on the grounds that there were no such lands within the boundary of the Reservation. California's contention was based upon the fact that the west bank of the river, which was the call of the west boundary of the Reservation in the Executive Order of May 15, 1876, established a boundary that would change with movements of the river. The United States contended, among other things, that this Executive Order established a permanent and unchanging boundary along the west bank of the river as it existed in 1876. "The Special Master ordered that the proper position of the boundary be litigated and, following trial, the Special Master made Findings of Fact and Conclusions of Law which, in effect, held that the Executive |