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Show REPORT OF THE COMMISSIONER OF INDIAN AFFAIRS. 31 Geological Surveyn as the point of diversion. At that point a d m is to be constructed with a reservoir of sufficient capacity to enable the company to carry the 100 cnbic feet of water to be delivered at or near Ross Fork Creek and the additional quantity of water necessaryto irrigate the main body of lands lying between Ross Fork Creek and Port Nenf River. The company agreed to convey the 200 cubic feet of water to be delivered at a point not more thm 4 miles south of the Blackfoot River, down the channel of said river to the head gate of the canal already constructed, and from said head gate to convey the same through its constructed canal to the point designated by the Government engineer; To constroot a permanent dam at said head gate, each of the divert-ing dams to be of masonry base, con8tructed in a permanent and sab-stantial manner upon plans approved by the Government engineer and subject when completed to his acceptance; To assume a11 liability for land damages that may result h m the modification of the original wntract; To permit the free and unrestricted use of the water in the smaU canal constructed by the Indians during the winter, said small canal to become the property of the Indians in fee, but to be mainta~ued by the company during the irrigation season of each year without addi-tional compensation; and That tbe United States shall have the right to construct a water power at such point or points as may be desirable on the right of way of the company, together with mills, buildings, machinery, etc., mth right of ingress and egress. Terms of payment were modified as follows: (1) Thirty thousand dollars upon execubon of the contract. (2) Thirty-seven thousand five hundred dollars upon the completion of the two diverting dams and the delivery of the second 100 cubic feet of water at the point of delivery of the Jirst 100 cnbic feet, which delivery is to be made on or before the irrigating season next succeeding the date of the first payment, such delivery and payment not to be required earlier than three months, and not to be later than one year from the first payment. (3) Twenty-two thousand five hundred dollars upon the delivery of the 100 cubio feet of water necessary to include the entire amount of 300 cubic feet of water per second, but not before the expiration of one year from the date of the second payment, this 100 cubic feet to be delivered at or near the point where the company78 proposed main canal from the Blackfoot River to Pocatello will cross Ross Fork Creek. A deed, conveying the 4 miles of constructed canal to the Dommis- , siouer of Indian Affairs in trust for the Indians of the Fort Hall Reservation, was executed and acknowledged by the company October 12,1896. The company was duly paid the snm of $30,000. In a report dated July 20,1897, upon the progress of the irrigating |
