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60th Congress, j HOUSE OF REPRESENTATIVES, j Document 
 
 M Session. \ | No. 1279. 
 
 UNCOMPAHGRE, UINTAH, AND WHITE RIVER UTE 
 INDIANS IN UTAH. 
 
 LETTER 
 
 FROM 
 
 THE SECRETARY OF THE TREASURY, 
 
 TRANSMITTING 
 
 A COPY OF A COMMUNICATION FROM THE SECRETARY OF THE 
 INTERIOR, SUBMITTING AN ESTIMATE OF APPROPRIATION FOR 
 PROTECTION, ETC., OF RIGHTS OF UNCOMPAHGRE, UINTAH, AND 
 WHITE RIVER UTES IN CERTAIN IRRIGATION SYSTEMS. 
 
 January 5, 1909. — Referred to the Committee on Indian Affairs and ordered to be 
 
 printed. 
 
 Treasury Department, 
 
 Office of the Secretary, 
 
 Washington, January 4, 1909. 
 Sir: I have the honor to transmit herewith, for the consideration 
 of Congress, copy of a communication from the Secretary of the In- 
 terior, of December 19, 1908, submitting an estimate of appropria- 
 tion in the sum of $200,000 to perfect and protect the rights of the 
 Uncompahgre, Uintah, and White River Ute Indians in Utah in and 
 to the waters appropriated under the laws of the State of Utah for 
 the irrigation systems authorized by the act of June 21, 1906. 
 Respectfully, 
 
 Geo. B. Cortelyou, 
 
 Secretary. 
 The Speaker of the House of Representatives. 
 
 ULS. Department of the Interior, 
 xx Washington, December 19, 1908. 
 
 Sir: I have the honor to transmit herewith a letter from the Com- 
 missioner of Indian Affairs, dated the 16th instant, inclosing draft 
 of an item for an appropriation of $200,000, or so much thereof as 
 may be necessary, to enable the Commissioner of Indian Affairs to 
 perfect and protect the rights of the Uncompahgre, Uintah, and 
 White River Utes in and to the waters appropriated under the laws 
 
1 I 
 
 2 UNCOMPAHGRE, UINTAH, AND WHITE RIVER UTE INDIANS. 
 
 of the State of Utah for the irrigation systems authorized by the act 
 of June 21, 1906, with the proviso that said sum, or any part thereof, 
 shall be used only in the event of failure to procure from the State of 
 Utah, or its officers, an extension of time in which to make final 
 proof for the waters appropriated for the benefit of the Indians, and 
 any sums expended hereunder to be reimbursed from the proceeds 
 of the sale of the lands within the former Uintah Reservation. 
 
 The request of the commissioner for the appropriation herein men- 
 tioned has my approval and is respectfully forwarded, through your 
 department, for the appropriate action of the Congress. 
 Respectfully, 
 
 James Rudolph Garfield, 
 
 Secretary. 
 The Secretary of the Treasury. 
 
 Department of the Interior, 
 
 Office of Indian Affairs, 
 
 Washington, December 16, 1908. 
 The Secretary of the Interior. 
 
 Sir: The act of June 21, 1906 (34 Stat. L., 325-375), appropriated 
 the sum of $125,000 for constructing irrigation systems to irrigate 
 the allotted lands of the Uncompahgre, Uintah, and White River 
 Utes in Utah, and fixed the limit of cost at $600,000, the cost of the 
 entire work to be reimbursed from the proceeds of the sale of lands 
 within the former Uintah Reservation. 
 
 It also provided that such irrigation systems should be constructed, 
 completed, held, and operated, and the water therefor appropriated 
 under the laws of the State of Utah. 
 
 One hundred and fifty thousand dollars was appropriated for the 
 same purpose by the act of March 1, 1907 (34 Stat. L., 1025-1049), 
 and the further sum of $200,000 by the act of April 30, 1908 (35 Stat. 
 L., 70-95). Some $350,000 has already been expended on the work. 
 
 In a report to the department, dated November 9, 1908, Chief 
 Engineer Code says that all the projected main canals and ditches 
 contemplated in the applications for water rights filed with the state 
 engineer will be finished by the end of next summer, except one from 
 the White River. He also says that it is now apparent that it will 
 be useless to expect that the great area of approximately 75,000 
 acres of allotments will be reclaimed by lessees or Indians by the end 
 of the five-year period granted by the state engineer, in a manner 
 which will constitute bona fide final proof, in accordance with the 
 irrigation code of Utah. 
 
 The time for final proof on most of the Indian lands will expire 
 in the spring of 1911. 
 
 Mr. Code had a conference with the state engineer, who expressed 
 himself as favorable to granting extensions of several years in the 
 matter of final proof, but believed that some local legislation, enlarg- 
 ing the powers of the state engineer, would be necessary before he 
 could grant such extensions. 
 
 Every proper effort will be made to obtain such legislation by the 
 State, if after consultation with the United States district attorney 
 and state engineer, as suggested by Mr. Code, it is regarded as nec- 
 essary. 
 
UNCOMPAHGRE, UINTAH, AND WHITE RIVER TJTE INDIANS. 3 
 
 Mr.^Code suggests another possible way to preserve the water 
 rights of the Ute Indians for an added period of time. 
 
 If allotments under canals constructed from the Uintah River and 
 Lake Fork and Whiterocks creeks, which are the only streams in 
 which there is any great danger of the Indians losing their prior 
 water rights, can be cultivated for one year, it will preserve to them 
 the water for a further period of seven years, in accordance with the 
 Utah law. 
 
 The chief engineer says that by the expenditure of $200,000 it 
 would be possible to preserve water rights to some 20,000 acres. 
 The necessary crop will have to be raised during the season of 1910 
 and the ground prepared for planting during the summer of 1909. 
 
 The cost of the Uintah irrigation systems is to 'come out of the 
 funds of the Indians, and it is the plain duty of the Government 
 to adopt such measures as may be necessary to secure to them the 
 full benefit of the expenditure. 
 
 It is impossible for the allottees to place their lands under culti- 
 vation in time to save their water rights, and the office has been 
 unsuccessful in having leased any considerable area. 
 
 If the efforts to procure an extension are successful the raising 
 of a crop during the season of 1910 will not be necessary, but if 
 these prove to be unsuccessful it will be too late to obtain an appro- 
 priation for the expenditure recommended by Mr. Code. 
 
 In order that no steps to protect the interests of the Indians shall be 
 omitted, I believe the Government should advance $200,000, the use 
 of the appropriation to be conditioned on the failure of the efforts to 
 procure the necessary action by the state officers or legislature which 
 would tide the Indians over the critical period. 
 
 I have therefore prepared the draft of an item appropriating the 
 sum of $200,000, or so much thereof as may be necessary, for the 
 protection of the water rights of the Ute Indians, conditioned on 
 failure to procure timely action by the State, and to be reimbursed 
 from the proceeds of the sales of lands within the former Uintah 
 Reservation, and respectfully suggest that it be forwarded through 
 the Treasury Department to the Congress with recommendation that 
 it be incorporated in the Indian appropriation bill. 
 Very respectfully, 
 
 F. E. Leupp, Commissioner. 
 
 Approved December 18, 190S. 
 James Rudolph Garfield. 
 
 Secretary. 
 
 Item for Indian appropriation bill. 
 
 ^ To enable the Commissioner of Indian Affairs to perfect and protect the rights of 
 the Uncompahgre, Uintah, and White River Utes in Utah in and to the waters appro- 
 priated under the laws of the State of Utah for the irrigation systems authorized by 
 the act of June twenty-first, nineteen hundred and six, two hundred thousand dollars, 
 or so much thereof as may be necessary: Provided, That said sum, or any part thereof, 
 shall be used only in the event of failure to procure from the State of Utah or its officers 
 an extension of time in which to make final proof for the waters appropriated for the 
 benefit of the Indians, and any sums expended hereunder shall be reimbursed from 
 the proceeds of the sale of lands within the former Uintah Reservation. 
 
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