OCR Text |
Show d O P Y .- (J2S) w.c P. DEPARTMENT OF THE INTERIOR, Offica of the Assistant Attorney-General, WASHINGTON, 4703-1905. Ind.Div. May 11, 1905. The Secretary of the Interior, Sir: You have referred for my consideration and opinion letter of W. H. Code, chief engineer, respecting the preservation of water rights for allottees on the Uintah Indian reservation, Utah. Mr. Code states that in taking steps for safeguarding th© water rights of the Indians it is advisable to canvass the possibilities, and says: In this connection I should like to be advised at an early date whether the right of eminent domain for canals etc., can be exercised by any person or corporation over Indian allotments not.yet patented.*. a^./stilX-i.t^ t*ex0a£i$^ers«n^-c^ frrstZobtain~the"ccnsent of the government, aa in tha case of canals traversing forest reservations and Indian reservations.. This is the only point upon which he asks instruction. The Indian appropriation act approved March 3, 1901 {31 Stat., 1058, 1084), contains a provision as follows: That lands allotted in severalty to Indians may be condemned for any public purpose under the laws of the State or Territory where located in the same manner as land owned in fee may be condemned, and the money awarded as damages shall be paid to the allottee. Section 1277, Revised Statutes of Utah, 1898, reads as follows: Any person or corporation shall have the right of way across and upon public, private, and corporate lands, or other right of way, for the construction, maintenance, repair, and use of all necessary reservoirs, dams, water gates, canal3, |