OCR Text |
Show out that "the state statutes of abandonment do not apply to water rights of the Indians on the Uintah Reservation any more than they would apply to trust patent lands of that reservation. It was further pointed out therein "that if application for water is made-to the land for agricultural purposes, no further opportunity on the part of the land owners in and ad.ja.csnt to this project, will be given to criticise the operation of the proj ect, -with particular reference to the application of water to the project lands." In Office letter of July 30, 1927, mention is made of a recent case in tlae Rederal Court of RTyoming entitled !U .3. vs. 1'arhins" (1-3 Red. 2d 542) dealing with water rights on the R'ind River Reservation wherein it vans clearly shown that the Indians* water rights of that reservation v;ere separate and apart from state control. Legislation enacted by Congress covering the Rflnd River Reservation was very similar in nature to that enacted covering- the Uintah and Curay Agency iayids. In this decision reference ia made to another prior decision in a similar case entitled !,aYintsrs vs. U.S." (207 U.S. 564). Thus, tlae position of the Office at that date seems to be that while not recognizing any jurisdiction of the state over the water needed for Indian lands, yet the state laws ot irrigation should be followed in order fo avoid criticism by white land owners within the project. As the Office has advised that the law of abandonment does not ran against the Government and that the water rights acquired are such as cannot be Rosa by lapse of the original period of abandonment in accordance with the State laws of Utah, there seems to be no basis for fear that the water rights of Indians will be taken from thara by the state through any possible failure to malce beneficial use of their water. Agency and Reservation. The railway, freight ana mail station for this. :cy is reached at Price, Utah, 95 miles to the southward, |