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Show COMXIBSIONER OF INDIAN AFFAIRS. 91 selected S@. J. 0. Smith, of the Southe1:n Ute Agency, and the rail-way company Mr. E. A. Nock. Their report of May 21, 1904, reviewed the whole subject at length and submitted the proposition that $3,290, including original damages and interest, would be a fair settlement. The company, through its general manager, accepted the proposition on July 30. The report and acceptance of the com-pany were referred to the Department on August 10, and final settle-ment was effected on this basis and approved by the Department on September 27, 1904. A right of way through Indian allotments on the Las Animas River, fc rmerly part of the Southern Ute Indian Reservation, in Colorado, was acquired by the company, as shown upon a map ap-proved May 29,1905, on which damages have been assessed and paid. The right of way is on the eastern side of the river and on the oppo-site side to the right of way approved to the Arizona and Colorado Railroad Company. Further permission has been granted this company to continue its survey through the Navaho Reservation, in New Mexico. I DENYEB, NORTHWESTZEN AND PACIFIC. I Maps showing the definite location of this company's proposed line of railroad through the Uintah Reservation, in Utah, were transmitted to this Office by the Commissioner of the General Land Office on November 4,1904, and were forwarded by this Office on November 11 to the Director of the Geological Survey for information as to whether the line as proposed would interfere with the plans of the reclamation service. On December 20 the Geological Survey advised the Office that the railway location between railroad stations 450 and 730 ap-peared to be partly below the level of the water line of a proposed reservoir site in the Strawberry Valley, and it was recommended that the maps be approved only upon the acceptance by the railway com-pany of the following stipulations: That the right of way is accepted subject to the right of the United States to cross the same and the works constructed thereon with any canals or water con-duits of any kind or with telephone or electric transmission lines whlch may in the future be built by the United States, or to flood the lands in the Straw-berry Valley below elevation 7,538.5 feet above the United States Geological Snrvey datum, and the United States is hereby released from all damages which may result therefrom. The company, through its attorneys in this city, on March 7, 1905, declined to accept the stipulations suggested by the Geological Survey, contending that it had prior vested rights to a right of way over the proposed reservoir site. Further report was made by the Geological Survey on March 20, adhering to its former recommendation on the |
