Secretary of the Interior: Provided, however, That a permanent water right for the lands to be irrigated from such system shall not attach until all payments for the construction, operation, and maintenance of such system shall have been paid, and the delivery of water to any tract or tracts to be irrigated from said system may be refused until payment of the charges against said lands shall have been made: Provided further, That no entryman shall be entitled to enter more than forty acres of irrigable land, and upon failure of any entryman of said lands to pay the charges against the lands entered when such charges become due and payable, his entry may be canceled, the lands embraced therein reoffered for entry, and all charges theretofore paid in behalf of such lands shall be forfeited to the United States, or, in the discretion of the Secretary of the Interior, a patent in fee may be issued for the lands so entered, upon the submission of final proof, which patent shall expressly state that there is hereby reserved a lien upon the lands described in said patent for said unpaid charges, which lien shall be a first lien upon the lands therein described, and may be enforced by the Secretary of the Interior by foreclosure as a mortgage, or upon payment of the delinquent charges against said lands such lien may be released by the Secretary of the Interior: And provided further, That the rights of honorably discharged soldiers and sailors of the United States shall not be abridged, and nothing herein contained shall be construed to prevent any entryman from commuting his entry and making payment in full at any time for all charges against the lands entered and receiving patent therefor.

SEC. 8. That the lands within said reservation classified as mineral land shall be subject to location and entry under the general mining laws of the United States, except that entrymen of such lands shall pay therefor at the rate of $10 per acre, payable in five annual installments, under such rules and regulations as the Secretary of the Interior may prescribe, but no patent covering any such entry shall issue until all payments therefor have been made.

SEC. 9. That the lands within said reservation classified as nonirrigable land shall be subject to settlement and entry under the desert-land laws of the United States, and shall be paid for at the rate of $1.25 per acre, payable in such installments and under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That no person other than citizens of the United States may make entry of any of the lands to be disposed of under the provisions of this act, and no patent shall issue to any person who was not a citizen of the United States at the time of making entry of lands under this act: Provided further, That the fees and commissions at the time of commutation or final proof on any of the lands entered hereunder shall be the same as are now provided by law where the price of land is $1.25 per acre.

SEC. 10. That there is hereby appropriated out of any money in the Treasury c. the United States not otherwise appropriated the sum of $20,000, or so much thereof as may be necessary, to enable the Secretary of the Interior to make the surveys, allotments, classification, and appraisement of the lands, as provided herein, and the sums so used shall be reimbursed to the United States out of the proceeds derived from the sale of the lands to be disposed of hereunder. There is hereby appropriated a further sum of $100,000, or so much thereof as may be necessary, to pay the Indians of the Colorado River Reservation for the lands granted to the States of Arizona and California, and there is hereby appropriated the further sum of $200,000 for the purpose of encouraging industry and self-support among the Indians of the Colorado River Reservation, and to aid them in putting their allotments under cultivation and in establishing homes thereon, to be distributed per capita to the Indians or used in the purchase of live stock, machinery, implements, seeds, or other equipment or material necessary to enable them to become self-supporting, said appropriations last mentioned to be reimbursed to the United States out of the proceeds derived from the sale of the lands to be disposed of under the provisions of this act: Provided, however, That the net proceeds derived from the sale of any and all such lands, including the net proceeds derived from the sale of town lots and the sum found due the Indians for the lands granted to the States of Arizona and California, shall be placed in the Treasury of the United States to the credit of the Indians of the Colorado River Reservation and shall draw interest at the rate of 4 per centum per annum until paid: Provided further, That out of the net proceeds so placed to the credit of the Indians reimbursement to the United States shall be made of the sums expended and remaining unpaid in the construction, operation, and maintenance of the irrigation system on said reservation for the purpose of supplying water to the lands on said reservation allotted

in severalty to Indians, as provided by the act of April 4, 1910 (Thirty-sixth Statutes at Large, page 224), and the lands so allotted in severalty shall be deemed to have a permanent right to so much of the waters of the Colorado River as may be necessary for the proper irrigation of said lands, without cost to the Indians of said reservation except as provided in said act of April 4, 1910: And provided further, That after reimbursement to the United States has been made, as heretofore provided, the principal sum due the Indians of said reservation, together with the interest thereon, shall be subject to expenditure for their benefit, or may be paid to them per capita as the Secretary of the Interior may deem for their best interests.

SEC. 11. That the Secretary of the Interior be, and he hereby is, authorized to lease for grazing, agricultural, business, or mining purposes any unallotted or otherwise undisposed of lands within the Colorado River Indian Reservation, in such quantities, upon such terms and conditions, and under such regulations as he may prescribe. The proceeds derived from any such lease or leases shall be placed to the credit of the Indians of the Colorado River Reservation, and shall be subject to disposal as provided in section 10 of this act.

SEC. 12. That nothing herein contained shall in any manner bind the United States to purchase any part of the lands within the Colorado River Indian Reservation, except sections sixteen, nineteen, thirty-two, and thirty-six, or the equivalent thereof in each township within said reservation, granted to the States of Arizona and California, or to dispose of said lands except as herein provided, or to guarantee to find purchasers for said lands or any part thereof, it being the intention of this act that the United States shall act as trustee for said Indians to dispose of said lands and to expend and pay over the proceeds derived therefrom only as herein provided.

JUNE 18, 1919.

MY DEAR SENATOR: Receipt is acknowledged of a letter dated May 24, 1919, from the Hon. Henry F. Ashurst, former chairman of the Senate Committee on Indian Affairs, submitting for report copy of Senate bill 291, providing for the survey and allotment of lands within the Colorado River Indian Reservation, for the disposal of the surplus lands, and for other purposes.

The bill submitted is identical with S. 4881, Sixty-fifth Congress, second session, which was the subject of my report to your committee of February 12, 1919, and I take pleasure in transmitting a carbon copy of said report.

The conditions on the Colorado River Reservation have not changed materially since my last report, and I therefore repeat my former recommendation. If S. 291 is amended as suggested in my report of February 12, 1919, I trust that it will receive the favorable consideration of your committee and of the Congress.

Cordially, yours,

Hon. CHARLES CURTIS,

ALEXANDER T. VOGELSANG.

Acting Secretary.

Chairman Committee on Indian Affairs, United States Senate.

FEBRUARY 12, 1919.

MY DEAR SENATOR: I have the honor to refer again to your letter inclosing for report a copy of S. 4881, providing for the disposal of the surplus lands in the Colorado River Reservation.

Under the terms of the measure, the surplus areas of the reservation are to be classified as irrigable, nonirrigable, and mineral lands. The irrigable lands are to be disposed of according to their appraised value, which in no case will be less than $10 an acre; the nonirrigable land will be subject to disposition under the desert-land laws at $1.25 per acre, and the mineral lands are to be disposed of under the general mining laws of the United States at $10 per acre. The bill carries appropriations for making necessary surveys, allotments, and classifications and appraisement of the lands; for promotion of industry and self-support among the Indians, for grants of lands to the States of Arizona and California for school purposes; for beginning the construction of a gravity irrigation system, and for other purposes.

The Colorado River Reservation embraces about 243,000 acres, of which some 222.000 fall within the State of Arizona; the remainder being in California. While extensive topographic surveys have not yet been made, preliminary sur

veys disclose that approximately 150,000 acres within this reservation consist of fine "bottom," susceptible of irrigation, by gravity, from the Colorado River upon construction of the necessary diversion dam and distributing system. About 5,000 acres, allotted to the Indians, are now being supplied with water through a pumping plant constructed under authority found in the act of April 4, 1910 (36 Stat., 272), and acts making supplementary appropriations. Pumping water for irrigation purposes, however, is an onerous burden, which is daily becoming more expensive, as the cost of labor, material, and supplies increases. Logically, therefore, the irrigation of large areas calls for a gravity system, where feasible.

On

Tentative estimates made several years ago indicate that a diversion dam across the Colorado River at this point and the attendant main canal and distributing laterals to supply these lands, would cost upward of $4,000,000. Under present market conditions the cost would be a great deal higher. the other hand, the agricultural possibilities are splendid. These lands are exceedingly fertile. They lie within the limited area available for production of the long staple Pina cotton, for which there is now such urgent need. The fiber of this cotton weaves into a fabric of great textile strength and is rapidly coming into general use for the manufacture of automobile tires and aeroplane wings. During the recent war period, the market price of this cotton reached over 70 cents per pound. Even at those figures it was impossible to supply the demand. Under favorable crop conditions conservative estimates give a yield of at least a bale to the acre. It is not expected that these high prices will continue, but as the market price for produce of this kind stabilizes, naturally the cost of production will decrease. Even at 30 cents per pound the net yield per acre should be around $100. This is for the lint alone. The seed from this cotton has a high pecuniary value which would add materially to the yield per

acre.

Cotton is not the only crop to which this land could be devoted with profit. Alfalfa does remarkably well, frequently being harvested as many as eight times within the year. Many fruits and practically all kinds of vegetables do well and the yields are enormous. Returns from crops of this kind are usually higher than from cotton, and a safe net yield of $100 per acre, therefore, is not exorbitant. With 100,000 acres of such land in cultivation the annual returns should approximate $10,000,000.

Wherever water is available the fertile areas of the arid Southwest should be developed to the highest point possible, and the project under consideration is one where expenditures can be fully justified. While accurate surveys have not yet been made, and the cost of the work is bound to fluctuate according to prices of labor and material prevailing at the time of construction, yet even should the ultimate cost reach $10,000,000 or $12,000,000, the estimated annual yield indicates the investment to be financially sound from every angle. I believe the work should be undertaken. Available waters are daily going to waste down the Colorado River; continued undevelopment of these fertile areas stands as an economic waste of annual recurrence, and initiation of the work in the near future might aid in some small measure to stabilize labor conditions.

An examination of the provisions of the bill suggests the advisability of several amendments. Section 3 proposes to grant four sections of land in each township to the States of Arizona and California in support of the common schools of said States. By the act of March 3, 1853 (10 Stat., 244), sections 16 and 36 of the lands in the State of California were granted to that State, with certain provisions for indemnity which were later extended and modified by the act of February 28, 1891 (26 Stat., 796). As the Colorado River Indian Reservation was not created for several years after the passage of the act of March 3, 1853, supra, the grant to this State of the sections falling within the reservation has previously been adjusted. Unless it is now intended to give this State two additional sections in each township, there is no need to mention California in the grant of school lands provided by section 3 of the bill. The enabling act under which the State of Arizona was admitted (36 Stat., 557) did grant four sections of school land in each township to that State, yet this was done largely on account of the arid character of the country. If the lands within the Colorado River Reservation are to be irrigated, it would seem that two sections in each township should be ample to suit the requirements of this case. It would also eliminate any question of discrimination. California having received two sections within this reservation, Arizona should

be accorded like treatment. It is accordingly recommended that section 3 of the bill be amended to read:

"SEC. 3. That sections sixteen and thirty-six of the land in each township within the said Colorado River Indian Reservation falling within the State of Arizona shall not be subject to entry under the provisions of this act, but are hereby granted to the State of Arizona in support of the common schools of said State, and shall be paid for by the United States at the rate of $10 per acre for all lands classified as irrigable, and at the rate of $1.25 per acre for all lands classified as nonirrigable: Provided, however, That no mineral lands shall pass to said State under the grant herein made, and, in case such seetions sixteen and thirty-six, or any part thereof, are lost to said State by reason of allotment in severalty to Indians or otherwise, the proper officials of said State, with the approval of the Secretary of the Interior, are hereby authorized to locate other lands of equal area and of the same class as that lost to said State, not exceeding, however, two additional sections in any one township, and the lands hereby granted to the said State shall be paid for by the United States as hereinafter provided: Provided, That the selection and designation of land due the State of Arizona hereunder shall be made prior to the opening of any of the lands within the said reservation to settlement and entry."

This necessitates a slight change in the phraseology of sections 10 and 12 of the bill by striking out the words "and California," in line 10, page 9: line 1, page 10; line 16, page 11, and eliminating the letter "s" at the end of the word "States." where it occurs in the same lines. Also strike out the words "nineteen, thirty-two," in line 14, page 11.

The necessity for donating 20 acres within each townsite for school, park, and other public purposes is not apparent. If irrigated, these lands will be very valuable, and it is believed that 10 acres within each townsite should be ample for these purposes. Accordingly, it is recommended that the word “ten” be substituted for the word “twenty," line 18, page 4, of the bill.

Section 5 appropriates $500,000 for construction of an irrigation system to supply these lands with water. Tentative estimates made years ago under more normal market conditions indicated that the cost would greatly exceed this amount. It is suggested, therefore, that the word "beginning" be inserted before the words "the construction," in line 4, page 5 of the bill.

The bill, as a whole, presents some slight departures from the present method of disposing of our public land, and the insertion of the words “under the homestead laws as modified herein" after the word "entry," line 22, page 5, is believed advisable. Also the following should be added to line 13, page 6, after the word "entered": "which patent, if the irrigation charges have not previously been paid, shall recite the lien for repayment of such charges as provided in section 7 hereof.”

After the word “entered," line 25, page 7, insert the words “including irrigation charges."

It has been the practice in the past to permit entry of public land both by citizens of the United States and those who have declared their intention to become citizens. Also settlement has not heretofore been required on desertland entries, and hence it is believed that section 9, page 8. of the bill can be recast with advantage so as to read:

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SEC. 9. That the lands within said reservation classified as nonirrigable land shall be subject to sale, and shall be paid for at the rate of $1.25 per acre, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That no persons other than citizens of the United States or who have declared their intention to become citizens shall be allowed to purchase or enter any of the lands to be disposed of under the provisions of this act, and no patent shall issue to any person who is not a citizens of the United States at the time of making final proof and receiving patent for any of the lands disposed of hereunder: Provided futher, That the fees and commissions at the time of commutation or final proof on any of the lands entered shall be the same as are now provided by law where the price of land is $1.25 per acre.”

If the bill is amended as herein suggested, it is recommended that it receive the favorable consideration of your committee and of the Congress.

Cordially, yours,

Hon. HENRY F. ASHURST,

FRANKIN K. LANE, Secretary.

Chairman Committee on Indian Affairs,

United States Senate.

STATEMENT OF SENATOR HENRY F. ASHURST, OF ARIZONA.

Senator ASHURST. I wish, first, to thank the chairman and the committee for calling this meeting, and thus giving us an opportunity to be heard on this bill. I will make a brief statement as to the proposed legislation.

Senate bill 291 proposes to offer for sale and settlement the unallotted or surplus lands of the Colorado River Indian Reservation. This reservation was set apart by various Executive proclamations, and the department after allotting lands to all the Indians on the reservation, allotting lands to various Indians in the northern part of Arizona, and allotting lands on this reservation to Indians in Mexico, or attempting to do so, we find remaining about 150,000 acres of land within this reservation.

The bill proposes to sell at public vendue these surplus lands at not less than $10 an acre for the irrigable land, and that the nonirrigable land shall be sold at $1.25 per acre, and the mineral lands shall be disposed of under the mineral laws of the United States.

This arable land is exceedingly fertile. It will raise practically everything, including citrus fruits.

The Colorado River flows through the reservation. Twenty-one thousand acres of the reservation are in California and the remaining portion, 200,000 acres, are in Arizona.

The department in its report says the annual revenue and income from the agricultural products of the lands, if cultivated, would be about $10,000,000. Assuming that the project cost $12,000,000, that sum of money could be repaid to the Government within a short time. I will ask State Senator Mulford Winsor to make a statement to the committee.

STATEMENT OF MR. MULFORD WINSOR, OF YUMA COUNTY, ARIZ.

Mr. WINSOR. Mr. Chairman and Senators, I am very glad of an opportunity to state the facts as I know them to be with respect to the Colorado River Indian Reservation, because of my feeling that some such legislation as is proposed by this bill would be of very great benefit not merely to the country at large and to our State, but to the Indians as well, and by reason of that fact I wish to express my appreciation of this invitation.

My familiarity with the lands embraced within the Colorado River Indian Reservation lies in the circumstance that I have resided not only in Arizona, but in Yuma County, where the lands of the Colorado River Indian Reservation lie, for 24 years, during all of which time I have been probably more concerned in the development of our lands by means of irrigation than in anything else. That familiarity was added to by the fact that for three years, since the acquisition of statehood by Arizona. I was at the head of the State land department, and in that capacity initiated the movement which resulted in investigation by the State of the underground water supply of the reservation. Out of this general knowledge of the conditions grew the desire for the development of the reservation.

Prior to the time of which I speak, a company of capitalists was organized for the purpose of developing the reservation, of reclaim