Mr. GAMBLE, from the Committee on Indian Affairs, submitted the

following

REPORT.

[To accompany H. R. 15609.]

The Committee on Indian Affairs, to whom was referred the bill (H. R. 15609) providing for the acquirement of water rights in the Spokane River along the southern boundary of the Spokane Indian Reservation and for the acquirement of lands on said reservation for power-site purposes, beg to report the same with the recommendation that it do pass.

The House report is as follows:

The Committee on Indian Affairs, to whom was referred the bill (H. R. 15609) providing for the acquirement of water rights in the Spokane River along the southern boundary of the Spokane Indian Reservation, in the State of Washington, for the acquirement of lands on said reservation for sites for power purposes and the beneficial use of said water, and for other purposes, having considered the same, beg to report said bill with the recommendation that it pass with the amendments hereafter suggested.

The provisions of the bill and the reasons for its passage are set out fully in a letter from the Commissioner of Indian Affairs, which is herewith printed and made a part of this report. The views of the Indian Office are concurred in by the Secretary of the Interior, as shown by his letter, which also is herewith printed.

We recommend that said bill be amended as follows:

After the word "may," in line 5, insert "with the consent of the Secretary of the Interior."

Insert the following as section 4 of the bill:

"SEC. 4. That if the land allotted in severalty to any individual Indian, which has not been conveyed to the allottee with full power of alienation, be granted to any such appropriation, the Secretary of the Interior is empowered to use the moneys received for such land so allotted in the purchase of other suitable lands for such allottee."

DEPARTMENT OF THE INTERIOR,
Washington, December 22, 1904.

SIR: I have the honor to acknowledge the receipt, by your reference of the 7th instant, of bill H. R. 15609, entitled "A bill providing for the acquirement of water rights in the Spokane River along the southern boundary of the Spokane Indian

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Reservation, in the State of Washington, for the acquirement of lands on said reservation for sites for power purposes and the beneficial use of said water, and for other purposes."

In response to your request for report on the said bill I transmit herewith a copy of a communication from the Acting Commissioner of Indian Affairs, dated the 17th instant, in which the opinion is expressed that favorable consideration should be given the bill.

The Department concurs in the views expressed by the Indian Office.

Very respectfully,

E. A. HITCHCOCK, Secretary.

The CHAIRMAN COMMITTEE ON INDIAN AFFAIRS,

House of Representatives.

DEPARTMENT OF THE INTERIOR, OFFICE OF INDIAN AFFAIRS,

Washington, D. C., December 17, 1904.

SIR: I have the honor to acknowledge receipt, by departmental reference of December 9, 1904, for report of H. R. 15609, entitled "A bill providing for the acquirement of water rights in the Spokane River along the southern boundary of the Spokane Indian Reservation, in the State of Washington, for the acquirement of lands on said reservation for sites for power purposes and the beneficial use of said water, and for other purposes."

Under the terms of the bill the right to the use of the waters of the Spokane River where the said river forms the southern boundary of the Spokane Indian Reservation may be acquired by any citizen, association, or corporation of the United States by appropriation under and pursuant to the laws of the State of Washington.

Section 2 provides that the Secretary of the Interior is authorized and empowered to grant to such appropriator or appropriators land on said reservation, whether the same has been allotted in severalty to any individual Indian without power of alienation, or whether the same remains unallotted, on the north bank of the said Spokane River, to the extent necessary and requisite for overflow rights and for the erection of suitable water, electrical, or power plants, dams, wing walls, flumes, or other needful structures required for the development of power or for the beneficial use of said water. It is further provided in this section that no lands shall be granted under the act until after the Secretary of the Interior is satisfied that the person, association, or company applying has made its application in good faith and with the intent and ability to use the lands for the purposes specified and that it requires the quantity of land applied for in such use. The bill provides in case objection to the grant of land shall be made the Secretary of the Interior shall afford the parties so objecting full opportunity to be heard.

Section 3 provides that the compensation to be paid for the land by applicants shall be determined in the manner prescribed in section 3 of the act of March 2, 1899. (30 Stat. L., 990.)

Section 4 provides that the Secretary of the Interior shall make all needful rules and regulations not inconsistent therewith for the proper execution and carrying into effect of the act.

Reporting thereon, you are advised the bill appears to be in substance a modification of and an enlargement of the rights granted by the act of Congress approved February 15, 1901 (31 Stat. L., 790), in so far as the Spokane Indian Reservation, in the State of Washington, is concerned.

The act of February 15, 1901, authorizes and empowers the Secretary of the Interior to permit the use of rights of way through public lands, forest and other reservations, of the United States, including Indian reservations, for electrical plants, poles, and lines for the generation and distribution of electrical power, and for canals, ditches, pipes, and pipe lines, and for water plants, dams, etc., used to promote irrigation, mining, or quarrying, or the supplying of water for domestic purposes, public, or any other beneficial uses, etc., to the extent of the grounds occupied by such canal flumes, etc., and not to exceed 50 feet on each side of the marginal limits thereof. It is provided in this act that any permission given by the Secretary of the Interior thereunder may be revoked by him or his successor in his discretion, and shall not be held to confer any right or easement, or interest in, to, or over any public land, reservation, or park.

The act of February 15 does not in terms grant the use of any waters flowing through public lands, parks, and other reservations.

In the bill under consideration provision is made for the acquisition of the right to the use of the waters of the Spokane River by any citizen or corporation of the

United States by appropriation under and pursuant to the laws of the State of Washington.

This office is advised that the laws of the State of Washington with respect to the appropriation of waters therein differ materially from the laws of some of the other States, in that it has been decided by the supreme court of the State of Washington that the law of riparian rights obtains in that State.

The act of February 15, 1901, carries with it no grant of land, and is in effect merely a license for the use of land for the purposes specified in the act, subject, however, to revocation in the discretion of the Secretary of the Interior. It is seen that some difficulty might be experienced in securing capital for investment in an enterprise involving the making of extensive improvements of great value where title to the land upon which such improvements might be located is vested in the Government and not in the individual or corporation promoting the enterprise.

*

Section 2 of the bill under consideration authorizes and empowers the Secretary of the Interior "to grant such appropriator or appropriators land on said reservation (Spokane reservation) *** such as shall be necessary and requisite for overflow rights and for the erection of suitable water, electrical, or power plants, dams, wing walls, flumes, or other needful structures required for the development of power or for the beneficial use of said water."

Further provisions of the bill place it within the power of the Secretary of the Interior to restrict the grants of land authorized by the bill to applicants acting in good faith and with intent and ability to use the lands for the purposes specified in the act, and to restrict the taking of land to the extent absolutely necessary for such

uses.

The provision made for the payment of compensation for the lands taken will, it is thought, amply protect the owners of any such lands, be it an Indian tribe or an individual Indian allottee.

Further reporting relative to the bill, you are advised that there are at the present time before the office and the Department two applications for rights of way through the Spokane Indian and Military reservations, submitted under the act of February 15, 1901, for the use of land for power-plant purposes at a point designated "The Narrows" and on both sides of the Spokane River, a portion being in the Spokane Indian Reservation and a portion in the Spokane Military Reservation. Both of these applications cover almost identically the same grounds, and this office, after thorough investigation, concluded that one of the applicants had prior rights, and the Department November 11, 1904, advised the office that the application of the applicant company having such prior rights would be further considered upon the filing of the additional proofs and showings required by departmental regulations prescribed under the act of February 15, 1901. Should the provisions of this bill be enacted into law, these applications would be materially affected.

It is thought a law embodying provisions similar to those in this bill is necessary to grant to an individual or corporation in the State of Washington the right to the use of the waters in that State. It further appears that an individual or corporation proposing the expenditure of large sums of money for purposes specified in this bill should be granted the perpetual use of the land upon which such expenditures are to be made. In view of the premises, it is thought the bill herewith should be favorably considered, unless objections thereto should be found upon a further consideration of the proposed measure at the Department, which is urgently requested. There is returned the communication of Hon. J. S. Sherman, dated December 7, 1904, transmitting to the Department copies of H. R. 15598 and 15609. A separate and a further report will be made with respect to bill H. R. 15598.

58TH CONGRESS,}

SENATE.

{

REPORT No. 4379.

PASSAGE OF SPECIAL OR LOCAL LAWS IN THE TERRITORIES, ETC.

MARCH 1, 1905.-Ordered to be printed.

Mr. Drck, from the Committee on Territories, submitted the following

REPORT.

[To accompany H. R. 18514.]

The Committee on Territories, to whom was referred the bill (H. R. 18514) to amend an act to prohibit the passage of special or local laws in the Territories, to limit Territorial indebtedness, and to legalize the indebtedness of school district No. 1, in Pawnee County, Okla., have considered the same, and beg leave to report the same back to the Senate with the recommendation that it do pass.