on the Camp McDowell Indian Reservation to the city of Phoenix, Ariz., for use in connection with its water-supply development, and for other purposes, I transmit herewith a memorandum on the subject that has been submitted by the Assistant Commissioner of Indian Affairs. After a review of the proposed measure, I agree with Mr. Scattergood. Very truly yours, RAY LYMAN WILBUR, Secretary. Memorandum for the Secretary. DEPARTMENT OF THE INTERIOR, Reference is made to the letter of December 16, 1931, from the chairman of the Senate Committee on Indian Affairs requesting report on S. 1438, a bill to authorize the sale of land on the Camp McDowell Indian Reservation to the city of Phoenix, Ariz., for use in connection with its water supply development, and for other purposes. The Camp McDowell Reservation was established by Executive order of September 15, 1903, for the use and occupancy of such Mojave and Apache Indians as were at that time living thereon, or in that vicinity, and for such other Indians as the Secretary of the Interior might see fit to settle thereon. The land comprising the reservation consisted of that part of the Camp McDowell abandoned military reservation that had not been disposed of by settlement or otherwise. Owing to the reported need of the city of Phoenix, Ariz., for an enlarged water supply, under date of September 2, 1930, this department granted the city authorities permission to drill a number of test wells on land included within this reserved area, lying adjacent to the city's present pipe line and the Verde River on the reservation, with the distinct understanding that the city acquired no property right by reason thereof. The test wells drilled on the south half of section 19 and north half of section 30, township 3 north, range 7 east of the Gila and Salt River meridian, Arizona, produced a supply of water sufficient to meet the requirements of the city. Therefore the authorities desire to purchase an irregular tract of 125.81 acres within the said sections 19 and 30, described by metes and bounds, which includes the land containing the wells. This land has been appraised at $50 per acre, or an aggregate of $6,290.50. In addition it was found that the Indians were entitled to $1,000 to cover improvements made by them consisting of fences, clearing, etc. No part of the land has been used by the Indians for several years. It is grazing in character. Pending consideration of the matter of sale by Congress, the city authorities applied for permission to remove water temporarily, which was granted June 29, 1931, subject to the following stipulations: 1. That in the event sale is authorized by Congress, the city of Phoenix will pay the appraised price of the land and improvements amounting to $7,290.50; also be responsible for the cost of such survey as may be deemed necessary. 2. That a 40-foot roadway through the tract proposed for sale, running approximately along the section lines between sections 19 and 30, township 3 north, range 7 east, be left for public use. 3. That the city of Phoenix limit its draft of water from the Verde River or supporting waters to the amounts allowed by its appropriation froin that stream and in the order of its priority, and that the city agrees it will not hurt the reservation by way of harmfully diminishing the reservation's water resources or otherwise. 4. That the action of the city authorities in operating under this temporary permit and in the future purchase of the land be accepted as consent by such authorities to the use of the Government of its Camp or Fort McDowell Indian Reservation water rights on the Salt River Reservation, should it be decided to so do. 5. Until sale of the land is authorized and the consideration is paid in full, or during the life of this permit, the city authorities shall pay an annual rental for use of the land, the amount of such rental to be fixed by the Secretary of the Interior. It was also further stated in the same correspondence that "When the above-mentioned stipulations have been accepted by the city authorities in writing, removal of water from the wells may then be begun, with the distinct understanding that the city officials acquire no right or color of right whatever pending the enactment of legislation by Congress authorizing sale of the land to the city for the purposes mentioned. Recommendation to Congress in the matter of sale of the land will be based upon the valuation and stipulations specified above. The written acceptance thereof by the city must, therefore. be forwarded to us." The said stipulations were formerly accepted by the city authorities on October 5, 1931, and rental in the amount of $360 per year has been recommended by the superintendent of Phoenix School and agreed to by the said city authorities. As full compensation is to be received for the land and improvements, and the interests and rights of the Indians to the remainder of the land will not be disturbed, it is recommended that the bill be enacted. J. HENRY SCATTERGOOD, AUGUST 29, 1930. Mr. JOHN B. BROWN, Superintendent Phoenix School. DEAR MR. BROWN: The receipt is acknowledged of your letter of July 31, inclosing a communication from Mr. George H. Todd, city manager of Phoenix, relative to the desire of the city to drill a number of 20-inch test wells on the Camp McDowell Reservation adjacent to the city's pipe line and the Verde River, with the view of acquiring a well field of approximately 160 acres at such points as tests may indicate a sufficient underground supply of water. As you say that this drilling will in no way interfere with the rights or property of the Indians, authority therefor is hereby granted upon such reasonable terms and conditions as you may deem fit to impose, and with the distinct understanding that the city acquires no property right by reason of the test wells. Sincerely yours, Approved, September 2, 1930. C. J. RHOADS, Commissioner. JOHN H. EDWARDS, Mr. JOHN B. BROWN, Superintendent Phoenix School. JUNE 23, 1931: DEAR MR. BROWN: Further reference is made to the matter of selling to the city of Phoenix, Ariz., certain land on the Camp or Fort McDowell Indian Reservation. Under authority granted by the department on September 2, 1930, the city authorities were granted permission to drill test wells on the reservation, the ultimate purpose being to augment the city's water supply. It is understood that the wells have been completed and that an adequate supply of water can be obtained from an irregular tract of 125.81 acres within the south half of section 19 and north half of section 30, township 3 north, range 7 east, identified as follows: Beginning at a point marked by an iron post and designated as Meander Point (U. S.), said point being located 472.53 feet east of the center of section, 19, township 3 north, of range 7 east, of the Gila and Salt River base and meridian, Arizona; west 756.62 feet; thence south 19° 11' west, 683.79 feet; thence south 12° 05', west, 845.20 feet; thence south 03° 28', west, 802.18 feet; thence south 24° 47' east, 1,991.20 feet; thence south 02° 23' east, 1,190.64 feet; thence east, 298.96 feet; thence north 14° 50' west, 329 feet; thence north 12° 55' east, 926.20 feet; thence north 22° 55′ east, 450 feet; thence north 19° 33' east, 627 feet; thence north 15° 04" east, 437.83 feet; thence north_07° 40' east, 330 feet; thence north 27° 40′ west, 595.20 feet; thence north 19° 08′ west, 285 feet; thence north 06° 19' west, 415 feet; thence north 20° 13′ west, 451.40 feet; thence north 06° 58′ west, 200 feet; thence north 05° 42' west, 465.74 feet, to place of beginning, containing 125.81 acres, as shown on plat of "well field to be acquired from United States Indian Service, prepared by city of Phoenix, approved by W. J. Jamison, city engineer, December 31, 1930, revised April 25, 1931. The value of the land and improvements has been determined to be $7,290.50. In the earlier correspondence it was mentioned that the tract selected should be described by legal subdivision or aliquot parts thereof. If it were possible to follow this course, transfer of title could have been accomplished by fee patent, whereas if a metes and bounds description is used, conveyance will have to be by deed. It appears to date that the latter course will have to be pursued. Your letter of May 28, 1931, mentions that the city is in immediate need of authority to temporarily withdraw water from the completed wells, pending final action by Congress upon the matter of sale of the land. We know of no reason why the permit of September 2, 1930, should not be enlarged upon to allow removal of water from the wells, pending action by Congress, subject to the following conditions: 1. That in the event sale is authorized by Congress, the city of Phoenix will pay the appraised price of the land and improvements amounting to $7,290.50; also be responsible for the cost of such survey as may be deemed necessary. 2. That a 40-foot roadway through the tract proposed for sale, running approximately along the section lines between sections 19 and 30, township 3 north, range 7 east, be left for public use. 3. That the city of Phoenix limit its draft of water from the Verde River or supporting waters to the amounts allowed by its appropriation from that stream and in the order of its priority, and that the city agrees it will not hurt the reservation by way of harmfully diminishing the reservation's water resources or otherwise. 4. That the action of the city authorities in operating under this temporary permit and in the future purchase of the land be accepted as consent by such authorities to the use of the Government of its Camp or Fort McDowell Indian Reservation water right on the Salt River Reservation, should it be decided to so do. 5. Until sale of the land is authorized and the consideration is paid in full, or during the life of this permit, the city authorities shall pay an annual rental for use of the land, the amount of such rental to be fixed by the Secretary of the Interior. When the above-mentioned stipulations have been accepted by the city authorities in writing, removal of water from the wells may then be begun, with the distinct understanding that the city officials acquire no right or color of right whatever pending the enactment of legislation by Congress authorizing sale of the land to the city for the purposes mentioned. Recommendation to Congress in the matter of sale of the land will be based upon the valuation and stipulations specified above. The written acceptance thereof by the city must, therefore, be forwarded to us. In view of Superintendent of Irrigation Truesdell's knowledge of all the facts in this matter, it is believed advisable for him to confer with you and the city authorities before the written acceptance by the city is obtained. We are therefore sending him a copy of this letter for his information and guidance. In closing, it may be said that this permit is being issued subject to cancellation at any time, at the discretion of the Secretary of the Interior. Sincerely yours, Approved June 29, 1931. Mr. CARL H. SKINNER, J. HENRY SCAttergood, Jos. M. DIXON, First Assistant Secretary. CITY OF PHOENIX, Phoenix, Ariz., October 5, 1931. Superintendent, Fort McDowell Indian Reservation, Phoenix, Ariz. DEAR MR. SKINNER: Pursuant to a recent conversation held in your office regarding water development on the Fort McDowell Indian Reservation, for municipal use of the city of Phoenix; I wish to refer to a communication signed by J. Henry Scattergood, Assistant Commissioner of Indian Affairs, under date of June 23, 1931, copy of which is no doubt in your files. This letter constitutes confirmation of previous permits from the Indian Department, issued to city of Phoenix to drill and test new wells on a well site located on the Fort McDowell Indian Reservation; this permit allowing the city of Phoenix to drill wells and install the necessary equipment to conduct the required test. The permit to do this work was issued with the understanding that if an adequate supply of water was developed, an act of Congress would be necessary to pass title to the city of Phoenix approximately 122 acres of land upon which these wells are located. The wells have been drilled, and the electrical wiring and superstructures at the wells for testing of pumps has been practically completed and we are requesting further permission to operate these wells after installation, under paragraph 5 of Mr. Scattergood's letter above mentioned, if the water supply is adequate, until Congressional action can be had covering transfer of title to the City of Phoenix. Mr. Scattergood's letter of June 23, 1931, above mentioned, stipulates the terms and conditions upon which we may proceed in the premises, stated as follows: "1. That in the event sale is authorized by Congress, the city of Phoenix will pay the appraised price of the land and improvements amounting to $7,290.50; also be responsible for the cost of such survey as may be deemed necessary. "2. That a 40-foot roadway through the tract proposed for sale, running approximately along the section lines between sections 19 and 30, township 3 north, range 7 east, be left for public use. "3. That the city of Phoenix limit its draft of water from the Verde River or supporting waters to the amounts allowed by its appropriation from that stream and in the order of its priority, and that the city agrees it will not hurt the reservation by way of harmfully diminishing the reservation's water resources or otherwise. "4. That the action of the city authorities in operating under this temporary permit and in the future purchase of the land be accepted as consent by such authorities to the use of the Government of its camp or Fort McDowell Indian Reservation water right on the Salt River Reservation, should it be decided to so do. "5. Until sale of the land is authorized and the consideration is paid in full, or during the life of this permit, the city authorities shall pay an annual rental for use of the land, the amount of such rental to be fixed by the Secretary of the Interior." On January 23, 1931, the city of Phoenix issued a cashier's check in the amount of $500, which was deposited with Superintendent John B. Brown, for the purpose of insuring Indians against any sustained damages in the preliminary work. Therefore, in the liquidation of the amounts set out in paragraph 1 of Mr. Scattergood's letter, amounting to $7,290.50 in payment of land and improvements, we shall be given a credit of $500 for check issued on above date, provided there are no assessments for damages. The city of Phoenix is in accord with the principles covered in aforementioned stipulations and is filing this letter with you for transmission to the Indian Department with such recommendations as you deem pertinent. Thanking you in advance for any courtesies you may extend in this matter, I remain, Yours very truly, GEO. H. TODD, City Manager. |