OCR Text |
Show APPENDIX XI XI 11 1105 SECRETARIAL ORDER Pursuant to the determination made by the Acting Secretary on August 15, 1974, this order corrects the designation by Secretary Ickes of November 25, 1941, that certain lands of the Chemehuevi Indian Reservation should be taken for use in the construction of Parker Dam pursuant to the Act of July 8, 1940, 54 Stat. 744. The Chemehuevi Tribe has full equitable title to all those lands within the Chemehuevi Indian Reservation designated to be taken by Secretary Ickes in 1941 between the operating pool level of Lake Havasu on the east (elevation 450 feet m.s.l.) and the following north and south boundaries: North Boundary From a point in Section 18 T5N R25E, located as follows: Beginning at the SE Corner of said section-18 S89 °22'W 711 ft; thence N00 °21'E a distance of 1304 ft; thence N51 °20'W a distance of 1697 ft; thence N01 ° 16'E a distance of 1130 ft. From said point the North Boundary is established on a line S74 °08'E to the operating pool level of the west bank of Lake Havasu (elevation 450 feet m.s.l.). South Boundary From point on the south line of Sec. 33, T4N, R26E which is 3156' N89 °51'E a distance of 350' more or less to the operating pool level of the west bank of Lake Havasu (elevation 450 feet m.s.l.). This corrected designation is subject to the reservation of the following rights in the United States: ^ (a) The United States, acting under the Act of June 28, 1946 (60 Stat. 338), retains the rights to deposit spoil and snags from Lake Havasu on said lands at locations mutually agreeable to the United States and the Tribe. Such agreement will not be unreasonably withheld by the Tribe. (b) The United States retains the right to flood and seep said lands in connection with its operations under the Act of December 21, 1928 (45 Stat. 1057), the Act of August 30, 1935 (49Stat. 1028), and the said Act of June 28, 1946, (60 Stat. 338), as amended, and the Tribe will not construct or install or permit the construction or installation of any buildings for human habitation on any lands included in this corrected designation that are located within three hundred (300) feet landward of Lake Havasu as measured along a line horizontal to a perpendicular rising from the elevation level of four hundred fifty (450) foot m.s.l.; provided, however, that nothing herein shall be construed as imposing any restriction not now in existence whatsoever with respect to any land not included in this corrected designation which is contiguous to the land so included and which is within three hundred (300) feet landward of Lake Havasu as so measured. The Tribe shall have the exclusive right to use and occupancy of any lands below the operating pool level of the west bank of Lake Havasu (elevation 450 feet m.s.l.) located between the north and south boundaries of this corrected designation for hunting, fishing, recreational and other similar purposes, and may, with the prior approval of the Secretary of the Interior, construct or install or permit the construction or installation of improvements on such lands. The United States agrees that, should the operating pool level of Lake Havasu be modified to be below the elevation 450 feet m.s.l., the Secretary of the Interior will correct this designation so as to confirm, determine and establish the tribe's full equitable title to all lands between the new operating pool level and the elevation 450 feet m.s.l. |