OCR Text |
Show / of the Int. / -4- /ifithin the period named in his approved application, the latter / would undoubtedly acquire prior righto to the water. Fourth. "Is it intended that the Department shall have the right during the five year period to lease the twenty five second feet, or any part thereof, to persons other than the Indians, or is it intended that if the Indians themselves do not use the water that it shall revert co our Company at the end of the five year period?" It is intended that the Indians shall have the right to lease their lands to white settlero, together with the water righto appurtenant thereto, and that waters beneficially applied by such settlers within the specified period should perfect the appropriations of the Indians. In closing, it; ie perhaps needless to cay that the nature of the compromise agreement suggested in my report of October 8, 1907 involves legal technicalities upon which I am not competent to advise. If the Department is desirous of ascertaining the feasibility of effecting a compromise along the linea discussed, before replying to Mr. Sims, I would respectfully suggest that copies of the correspondence bearing upon the subject be forwarded, through Acting Agent Hall, to the U. S. District Attorney, for his consideration and comment. He, being in position to confer with the State Engineer, should be able to advise the Department on thio and other points. Very respectfully, W. H-. Code, Chief Engineer. L.S. Copy to Director Rec. Service. |