Show IMS M S I 1 IN N THE UINTAH BASIN h t the indian office two ij leased acres of e uintah indian reserva ite settlers on the assur fit lt was irrigable land gently the irrigation lt t to dafford afford sufficient water the raising ot of reasonable hible area the indian office st t looking with particular the proposal to pay tho the je oese S e settlers Bett lers who feel that a just account against the ailt for its failure jo make jj Implied contract altie has a bill pending iress gross apropo proposing sing to pay L ils BS but the circumstances f arthe the indian office will rell elgh gh impossible to dew extent of 0 damages for p B federal government is pliable able the claims pre gregath gate and the ace estimates that the net A by the the claimants 13 but even admitting ji ij allds trie te government is not athe the full amount which it anet damages but passes to congress for or determine leport has been made to an the situation which re Jda damages mages to white settlers litah reservation the re aln in part as follows lex ACT supply unstable g te areas of the valley f t i elevation le a tion varying from 0 0 f feet 1 I and the annual le averages around seven rho fhe lands are semiarid sem larid and without irrigation ag i an on an extensive scale Is J 4 impossible water tor for lj purposes bur poses Is obtained from X ot of the green riv ting I 1 g chiefly h ot the runoff run off ing snows sno ws augmented by atin all 11 during the summer it y occurs in cloud in brief but de rapid variations in hie produce an uneven it if snow enow on the adjacent wat ahls blits results in an unstable aw jaw which fluctuates hourly 01 nation of the watershed Is t under normal conditions fag ing the summer the diurnal anal variations in tempera tricking tri king this has a marx markon the runoff run off oft which fre aws extreme variations variations pew few hours storage not hav it Is practically le to regulate the stream I 1 current needs either too berls ris r Is at hand or not enough ITS under normal conditions temperatures high or low brange the supply which auses ses destructive floods or hortage of water it if these stages of the crop season ason naturally some inter suffer buffer it appears phyll isible with the facilities to control the stream flow leafford afford Li uniform distribution gln lury emission appointed farea rea within the valley 01 f irrigation exceeds s during the calendar year aaion was attempted on macres cres of which acres b the indians this leaves acres in white owner hydrographic measurements over a number of years in daverage average available supply only ionly tor for the irrigation of 00 acres the irrigation comprise some fifty five dit inlets its 0 of which thirty five rolled by private interests kl I 1 and corporate the largest Is ii the dry gulch irrigation supplying some rhe he indian system consists y main canals with inde headings and some borne literals laterals late rals these a nals white frequently interlace benting a veritable network pea a where filere the diversion f belonging to the whites eithe bahe indian head gates hos frequently diminishes table lable supply below that ac ceded ded tor for the indian land stream flow and the tty city ot of diversions diver siona render it p determine lust just when d dlly the white interests be ostile OB the situation became ib r however oveNer that several years edineia were instituted in tal ral acourt for the district ot of pd d a water commissioner was appointed by the court to assume control othe distribution of 0 these waters this has proved of 0 material benefit to the indians but for i tho the reasons previously given it Is practically impossible to maintain uniform delivery even to those lands having the first right state latts rule athe the uintah reservation is founded C on a treaty with these ind indians ians and under the doctrine laid down by the supreme court in the winters lease base there Is strong ground for claiming a prior legal right in behalf odthe indians to sufficient water for their needs congress however by the act of 0 june 21 1906 subjected subJect td the water rights of the indians to the operation ion of sate laws pursuant to this some twenty five water filings were submitted to state officers looking to the appropriation of I 1 something over 1000 cubic feet of water per second tor for utilization on evvard upward of acres of indian land in the uintah basin these filings antedated similar applications by the whites and beneficial use of the waters filed on within the time required by state laws would again make the water rights of the whites secondary to those of the indians in 1915 an active campaign was entered into with a view of placing as gargu an area of indian land under unda cultivation as possible within the prescribed period invitations were issued through th the e press and otherwise to prospective lessees lessels under tile the terms as favorable a as possible this resulted in the execution of some 17 1764 64 leases covering an aggregate area of acres of indian land the increasing labor shortage then prevailing the high wages paid elsewhere and the limited funds available prevented that prompt expansion of the distributing systems demanded in by the increased acreage on which irrigation was attempted priority orders governing shipments I coupled with the isolation iso of these lands delayed receipt of needed materials terl te als this did not tend to relieve the situation construction of the distributing literals laterals late rals arwas pushed as rapidly as poss possible ible under the circumstances cum stances claimants listed with these brief observations on the situation generally I 1 am in inclosing clos the report of the commission in full which tor for convenient reference is reproduced in the following lorm form gross net claimant damages damages E N dates bates J E gordon ed hastings J hastings nepal makeel ll II ray knox C larsen thos A lougy alvin ross 0 L sagers L L sagers geo shelton arthur shields M shields wm win thurston A N Val arlda M A walters ID D H adkins G H bleazard frank bigelow C E curtis D W deans E EG G francis Mrs EJohnson F glundberg OL james nash H 11 wellbon R F miles JW Sweetman R 11 II willians henry wyman R A murray S Saran tenos J F wilkins W worthen EJ E Daughters J W jackson lAkson Jf V L jackson D il II shatter shaffer total S 72 1 32 3 adjustment difficult As I 1 understand the tha matter the gross damages claimed in each case represent represent sent the difference between the value of the crop actually grown and one expected the commission reduced this claim hy by deducing the estimated cost ot of producing tile tho increased crop expected and increased it by adding a reasonable depreciation on equipment the resultant figure Is shown as net damages this should not be construed however to ta mean damages tor for which the tha united states stales Is liable numerous factors enter into successful crop production particularly under irrigation skill and experience on the theeart part of the azer user sufficient clent capital and labor proper leveling and cultivation together with a judicious use ot of water when available all contribute materially to the final yield factors beyond human control such as destructive floods extremes of 0 temperature pera ture precipitation etc are not to be disregarded hostile diversion excessive usa aud and waste of water by third parties prompt replacement ot of dest destroyed destro royel yei appliances ances arices etc while partly controllable yet where such occur at critical periods frequently the remedy lean not be applied in tameo aenid inter data a age to growing crops the report of the indicates dica antez that thirl parts parti 9 ly irrigation companies organized under state laws may linely be responsible doubtless the of 0 the state are open I 1 to tu UK the claimants tor for the recovery or of f such damages damage s where the nii ability can call ue and that some losses have bave aei juslain su slain ed is apparent determination ot of the exact amount may be difficult and ald of ahe party primarily responsible therefore still more difficult but with the mayia factors involved and the nation nallon frow at he hand a d I 1 am not prel prena ar rJ od to 0 o adrift the liability ila ability of the united states |