| Show i i Indian Department Says Not Liable F For or Damages to Le Lessees sees and end Passes Buck to Congress Congress- s of 11 The following dispatch dated April 30 with reference to d damages es due lessees of Indian lands has been re received received received re- re from Washington Although the Indian office two years years ears ago leased a arras ras of land landon on the Uintah Indian reservation to white settlers on the that it was irrigable land and subsequently the irrigation systems failed failed fail taU ed to afford sufficient water to enable enable enable en en- able the tho raising of reasonable crops on this area the Indian office today is not looking with particular favor favoron on the proposal to pay l the e claims claim of ot these settlers who feel that they have a just account against the the- government government government gov gov- for its failure tomake good goodon on Its implied contract Senator King has a bill pending before congress proposing to pay these claims but the c circumstances reported by the Indian office will make It well-nigh well Impossible to determine determine determine de de- termine the extent of damages for which the tho federal government is technically liable Hable The claims presented presented presented pre pre- aggregate and the Indian office estimates that the net damages sustained by the claimants was but even admitting this it holds the government is not liable for the full amount which it classes as net damages b but t passes the buck to congress for tion A report has been made to congress on the situation which resulted resulted resulted re re- in damages to white white settlers settlers on the Uintah reservation the report being in part as follows Water ater Supply Unstable The Irrigated areas of the valley lie at an elevation varying from to feet and the annual rainfall averages around seven inches The lands are semiarid sem therefore and without Irrigation agriculture agriculture agriculture ag ag- on an an extensive scale is practically Impossible Water for tor ir irrigation Irrigation irrigation Ir- Ir purposes is obtained from various tributaries of the of-the the Green Green river river riv- riv t. c-t. l. l er consisting g chiefly of of the th run off run off from melting snows augmented by bythe bythe bythe the rainfall during the summer which frequently occurs In cloudbursts cloudbursts cloudbursts cloud bursts resulting in brief out jut destructive destructive destructive de de- floods Rapid variations in temperature produce an uneven melting of or snow on the adjacent watershed This results in an unstable unstable unstable un un- stable stream flow which fluctuates j i hourly The Tho elevation of at the watershed water water water-J shed Is such that under normal conditions conditions con con- oven even v n d during during i I the e summer r the tha diurnal and nocturnal variations in I temperature are striking This ha has hasa Sa S j a marked ette effect t on the run off which frequently shows extreme variations ns within a n few hours Storage not having been provided It is practically practical practical- ly impossible to regulate the stream flow to current needs Either too much water is at hand or not enough This occurs under normal conditions Abnormal temperatures high or low further derange the supply which either causes destructive destructive de do- floods of ot serious shortage 1 of or water If It these occur at critical stages of of the growing crop-growing season naturally some Interests must suffer It appears physically impossible with the facilities facilities' at hand to control control control con- con I the stream flow so 80 as to afford uniform and avoid IB- IB Jury Commission Appointed The area within the valley susceptible susceptible susceptible sus sus- of Irr irrigation exceeds acres During the calendar year ear 1919 irrigation was attempted on acres of which acres belong to the Indians This leaves acres in white ownership owner owner- ship Hydrographic measurements measurement extending over a number of years Indicate in indicate In- In an average available sup supply 11 4 sufficient only for tor the irrigation atlon of some acres The irrigation systems comprise some five fifty-five different different dif dl- ferent units of thirty fir are controlled by private Interests individual and corporate the largest largest larg larg- est of which is the Dry Gulch Irrigation Irrigation tion Lion company supplying some acres The Indian system consists of twenty main canals with Independent ent headings and some miles of lat laterals rals These canals Indian and J white frequently Interlace thus pro pro- seating a veritable network of ditch h cs es Where the diversion structures structure belonging to the whites lie He above above the Indian head gates hostile diversion frequently diminishes the available S supply pp y below th that t actually needed l S for tor the Indian land The Ing stream flow and the multiplicity of diversions render it difficult to determine Just when diversion by bythe by bythe the white Interests becomes h hostile The situation became so acute however however however how- how ever ever that several years ago proceedings proceedings pro pro- were in the federal court for tor the district of Utah and ands and's a awater a awater wat water r commissioner was appointed control of the the- by the court to assume v distribution of these waters This hos lias 1 nS pr proved ved of f material berie benefit benefit t to the p Continued on Last Page I i v vI I INDIAN IAN DEPART DEPARTMENT SAYS From Page One Indians but the reasons previously previously previously given it Is practically Impossible impossible impossible sible to maintain uniform delivery even en to those lands lands' having the first right State Laws Rule I I The The Uintah reservation Is founded found found- ed on a treaty with these Indians and under the doctrine laid down by bythe bythe bythe the supreme court In the Winters case there Is strong ground for claiming a prior legal right in behalf of the Indians to sufficient water f for f their needs Congress however by bythe bythe bythe I the act of June 21 1906 subjected the water rights Of f the Indians ns to the operation of state laws Pursuant Pursuant ant to this some twenty-five twenty water filings were submitted to state officers officers of of- looking to the appropriation of something over 1000 cubic feet of water per second for lor utilization on upward of acres of or Indian Indianland Indianland Indianland land in the Uintah basin These fi filings fil filings fil- fil ings antedated similar applications by the whites and beneficial use of the water rights of the whites secondary secondary secondary sec sec- to those of the Indians In 1915 an active campaign was entered entered entered enter enter- ed Into with a a. view of placing as large an area of Indian Indan land under cultivation as possible within the prescribed period Invitations were issued through the press and otherwIse otherwise otherwise other other- wise to prospective lessees under the terms as favorable as possible resulted In the execution of some 1764 leases covering an aggregate area of acres of Indian land The increasing labor shortage then thea prevailing the high wages paid elsewhere elsewhere elsewhere else else- where and the limited funds available available avail avail- able abl prevented that prompt expansion expansion expansion sion of the distributing systems system demanded de Ie demanded by the increased acreage on which irrIgation was was attempted Priority Priority Priority orders governing shipments coupled with the Isolation of these lands delayed receipt of needed ma ma- This did not tend Jo o a relieve I the situation Construction of ol the tile distributing laterals was pushed as I rapidly as possible under the circum circum- stances I. Circum-I. Claimants Listed l With these brief observations oa on the situation generally I am Inclosing lag ing the tile report of the commission in full lull which for convenient reference is reproduced in the form lorm rm Gross Net Claimant damages damages E E. E N. N Bates Dates J J. J E. E Gordon 4 Ed Ed Hastings 36 J J. Hastings N N. 1 M. M Keel H H. R R. R Knox C C. C Lait en T T. A A. Lougy Alvin Ross noss 70 17 O. O L IJ Sagers L L. L L. Sagers Geo Shelton Shelton 95 04 A A. A Shields Shields' M. M Shields Wm Thurston A A. N. N M 1 A A. Walters D D. H. H Adkins G. G II Bleazard F F. BIgelow C. C E. E Curtis lOS OO D D. D W. W Deans 7 E E. O. O Francis 1 Johnson 41 y I 1 James Nash A H H. Neilson I rr s 's B D B. B F F. Miles a t RH Williams II Wyman H. H A. A Murray Murra 0 f i oj t S. S J. J F F. F Wilkins 1 Wm Worthen I 24 V. V L L. Jackson f J. J W. W Jackson 1357 50 F D. D H. H Shaffer 65 1 t Tote Total 23 Adjustment Difficult I As S I understand the matter the gross damages claimed In each case represent the difference between the value or of the crop COP actually grown and the one expected The commission commis commis- sion slon reduced this claim by deducting the estimated cost of producing the tile Increased crop expected and increased tn- tn in increased 4 creased it by adding a depreciation depreciation de de- on equipment The ra resultant resultant result result- ant figure is shown as aa net dam gam- ages This should not not be construed construed con con- however to mean damages 1 for which the United States is liable Numerous factors enter into successful successful successful success success- ful crop production particularly un- un der Irrigation Skill and experience on the part port of the water user sufficient sum sum- fl flon 1 cleat clent capital and labor proper leveling leveling leveling level level- ing and cultivation together with a judicious us use of at water when available available avail avail- able able all contribute materially to the final yield Factors beyond human control such as destructive floods extremes of f temperature insufficient precipitation etc are not nol to be disregarded dis dis- regarded Hostile diversion excessive excessive sive use and waste of water by third parties prompt replacement of destroyed destroyed destroyed de- de appliances etc while partly controllable ble yet where such occur at critical periods frequently the remedy cannot be applied in time lime to avoid damage to growing crops The liThe report of the commission in indicates indicates in- in that third parties particularly particular particular- ly irrig Irrigation tion companies organized under state laws may larg ly be re re- Doubtless the courts of the state are open open to the claimants t f for the recovery of such damages where the responsibility can ha hs 19 fixed That some losses have been sustained sustain sustain- ed dd d Is is S apparent Determination of the exact amount may be difficult and determination of the party primarily primarily marily responsible j le therefore still stillmore stillmore more difficult but with the many j. j factors Involved and th the information information tion Uon now at hand I am not prepared to admit t the liability of the United States o t |
