Survey of Conditions of the Indians in the United States

DEPARTMENT OF THE INTERIOR,

GENERAL LAND OFFICE, Washington, March 20, 1930.

Rejecting application for survey

DISTRICT CADASTRAL ENGINEER,

Public Survey Office, Phoenix, Ariz.

SIR Reference is made to your letter dated November 6, 1929, transmitting an application for the survey of an alleged island in secs. 6 and 7, T. 8 S., R. 22 W., and secs. 1, 12, and 13, T. 8 S., R. 23 W., G. and S. R. B. and M., Arizona, by E. J. Brewer, with indorsements by some 30 persons, claiming to be owners, claimants, and occupants of adjoining lands who acknowledge receipt of notice and join in the petition for survey.

The area in question lies between an abandoned channel of the Colorado River which has been held by the department to mark the boundary between the States of Arizona and California and of the Yuma Indian Reservation and the present channel of the river. A considerable portion of the so-called island has been previously surveyed as represented upon the plats of T. 8 S., Rs. 22 and 23 W., G. and S. R. B. and M., but there remains an area of over 1,000 acres of unsurveyed public land northwest of the 1874 meander line. It is the latter area only which comes within the purview of the application above referred to.

The records of this office show that all lands in the townships mentioned within 6 miles of the Colorado River were withdrawn by the Secretary of the Interior under second form, act of June 17, 1902, on January 31, 1903. All lands between the Colorado River as it now exists and the surveyed meander line of said river were withdrawn under first form, act of June 17, 1902, by the Secretary on July 20, 1905. All of secs. 12 to 15, T. 8 S., R. 23 E. were withdrawn under first form, February 19, 1929, and all of T. 8 S., R. 22 W., was withdrawn under first form, March 14, 1929, by the Secretary for Colorado River storage project.

These withdrawals under first form, act of June 17, 1902, prohibit settlement on or entry of any lands affected thereby. The applicant for survey can not therefore establish any valid settlement rights upon the lands described in his application. Said application is accordingly hereby rejected and you are instructed to advise him of this action.

Very respectfully,

Approved March 20, 1930.

THOS. C. HAVELL. Assistant Commissioner.

JOHN H. EDWARDS,

Assistant Secretary.

A. E. DURANT was thereupon called as a witness, and, after being first duly sworn, testified as follows:

Senator FRAZIER. State your name to the committee.

Mr. DURANT. A. E. Durant.

Senator FRAZIER. Where do you live?

Mr. DURANT. On the Yuma Reservation..

Senator FRAZIER. Do you have an allotment here?

Mr. DURANT. Yes, sir.

Senator FRAZIER. Do you farm it?

Mr. DURANT. Yes, sir.

Senator FRAZIER. You are working it yourself?

Mr. DURANT. Yes, sir; I work it this year.

Senator FRAZIER. What complaint have you to make or what statement do you desire to make?

Mr. DURANT. They want to know about that matter there of the water charge. That is all we want to know about. The older people do not understand it.

Senator FRAZIER. You heard the superintendent's statement about the case in court trying to get the colored people off the land?

Mr. DURANT. Yes, sir.

Senator FRAZIER. Anything else?

Mr. DURANT. About the water charges, they want to find out why it is they do not give them the receipt if they are paying for their water charges. We do not have any receipts to show about that water charge.

Senator FRAZIER. How about that? Do you give them a receipt? Mr. JOLLEY. No. We issue an official receipt to the man that pays the water bill. That official receipt is a part of our books. To issue another official receipt would throw our accounts out of balance. Any Indian who wants to can have a copy of the receipt made for him. The chief clerk is always willing to do that. We can only give one receipt.

Senator FRAZIER. He says you can get a copy of the receipt if you want it from the agent.

Anything else?

Mr. DURANT. That is all I want to find out.

Senator THOMAS. An examination has been made as to your water rights, whether or not that is an unjust charge against you. Very soon you can get some information as to that proposition. An investigation is being made and it will be reported to you as soon as we can have it done.

(Witness excused.)

List of water payments due on leased lands of the Fort Yuma Indian Agency at the close of business, November 20, 1928