416 INTERIOR DEPARTMENT APPROPRIATION ACT, 1930 cost of the power system; second, to the repayment of the construction cost of the Shoshone Dam; and third, thereafter such net revenues shall be covered into the reclamation fund. (45 Stat. 1592.) * NOTE Power revenues.-In decision M-26630 of the Solicitor for the Interior Department, approved by the First Assistant Secretary July 29, 1931, it was held that the act of March 4, 1929, prevents the Department from applying any of the net power revenues of the Shoshone power plant to a reduction of the annual charges due from the Shoshone Irrigation District to the United States, in accordance with the provisions of subsection I of the act of December 5, 1924 (53 I. D. 427). This opinion was upheld by the Supreme Court of the District of Columbia in denying the application of the Shoshone Irrigation District for a writ of mandamus and stating that the act of 1929 repeals subsection I of the act of December 5, 1924, so far as the entire Shoshone project is concerned. (Shoshone Irrigation District v. Harold L. Ickes, June 13, 1933.) The Shoshone Irrigation District appealed from the decision of the Supreme Court and on April 9, 1934, the Circuit Court of Appeals for the District of Columbia upheld the decision. (70 Fed. (2d) 771.) Certiorari denied October 8, 1934. (293 U. S. 571.) PARK AND RECREATIONAL LANDS IN ARIZONA An act to abolish the Papago Saguaro National Monument, Arizona, to provide for the disposition of certain lands therein for park and recreational uses, and for other purposes. (Act April 7, 1930, ch. 107, 46 Stat. 142) [Papago Saguaro National Monument abolished-Salt River Valley Water Users' Association authorized to purchase certain public landsLands granted to Arizona-Mineral Rights reserved to United States.]— That the Papago Saguaro National Monument in Arizona shall be, and the same is hereby, abolished, and that the Government lands therein described according to the Gila and Salt River base and meridian shall be disposed of as follows: 1. The north half northeast quarter section 5; north half northwest quarter section 4, township 1 north, range 4 east, within the boundaries of the said Papago Saguaro National Monument, together with the southeast quarter section 32; and the southwest quarter section 33, township 2 north, range 4 east, of the public lands of the United States shall be, and the same are hereby, reserved for military purposes for use of the National Guard of Arizona as a rifle range. 2. All of the remainder of Government lands in the said Papago Saguaro National Monument, in Maricopa County, Arizona, except such parts thereof as are hereinafter authorized to be purchased by the city of Tempe, and except such tracts as the Salt River Valley Water Users' Association is hereinafter authorized to purchase, shall be, and the same are hereby, granted to the State of Arizona for park, recreation, or public-convenience purposes; and there is hereby granted to the city of Tempe, Arizona, for municipal, park, recreation, or public-convenience purposes, the south half northeast quarter, north half southeast quarter section 9; all of the southwest quarter; the west half southeast quarter; and the south half northwest quarter section 10, township 1 north, range 4 east, except the lands in the aforesaid sections hereinafter granted to the Salt River Valley Water Users' Association: Provided, That there shall be reserved to the United States all oil, coal, or other mineral deposits found at any time in the lands, and the right to prospect for, mine, and remove the same under such rules and regulations as the Secretary of the Interior may prescribe: Provided further, That the lands hereby granted shall be used by the State of Arizona, and the city of Tempe, Arizona, only for the purposes herein indicated, and if the said lands, or any part thereof, shall be abandoned for such use, such lands or such part shall revert to the United States; and the Secretary of the Interior is hereby authorized and empowered to declare such a forfeiture of grant and to restore said premises to the public domain if at any time he shall determine that the State or city has abandoned the lands for the uses herein indicated, and such order 418 PARK AND RECREATIONAL LANDS IN ARIZONA of the Secretary shall be final and conclusive; and thereupon and thereby said premises shall be restored to the public domain and freed from the operation of these grants: Provided, however, That the grants herein are made subject to any valid existing claim or easement and particularly subject to the right of way one hundred feet wide on either side of the canal flume and pipe line heretofore constructed by the Salt River Valley Water Users' Association; and said association is hereby granted the right to purchase within two years after the approval of this Act, at the rate of $1.25 per acre, approximately eighty-five acres of land east of said right of way in section 3; not to exceed seven acres of land contiguous to said right of way in section 10, and approximately seven one-hundredths acre in section 9, township 1 north, range 4 east, adjacent to said canal right of way and power-plant property, and said lands to be used by said association for maintenance and operation purposes, the said right of way and contiguous land being particularly described as follows: Beginning at a point on the north and south center line of the west half of said section 3, one hundred and thirty-one feet south two degrees forty-six minutes west from the mid-point of the west half of the north boundary line of said section 3; thence south two degrees forty-six minutes west along the said north and south mid line of the west half of said section 3, identical with the east boundary line of the tract herein described, five thousand two hundred and eight feet to the mid-point of the west half of the south boundary line of said section 3; thence west along said south boundary line of said section 3, two hundred and ninety-two and five-tenths feet to a point on the west boundary line of the tract herein described identical with the west boundary line of the right of way of the Arizona Cross-cut Canal; thence in a general northerly direction along the west boundary line of the tract herein described and the west boundary line of said Arizona Cross-Cut Canal as follows: North twenty-eight degrees one minute west, two hundred and forty-three and four-tenths feet; thence north fortysix degrees fifty-nine minutes west, three hundred and twenty-one and seven-tenths feet; thence north thirty-three degrees fifty-four minutes west, two hundred and twenty-one and eight-tenths feet; thence north twenty-seven degrees twenty-seven minutes west, two hundred and ninety-four and six-tenths feet; thence north eighteen degrees four minutes west, five hundred and seventy-five and threetenths feet; thence north six degrees forty-seven minutes east, one hundred and seventy-seven and seven-tenths feet; thence north twenty-four degrees twenty-seven minutes east, two hundred and fifty-two feet; thence north fifty-two degrees twenty-one minutes east, two hundred and eighty-three and five-tenths feet; thence north one degree fifty minutes east, nine hundred and eight and fourtenths feet; thence north nineteen degrees eleven minutes east, nine hundred and twenty-three and nine-tenths feet; thence north twentyseven degrees fifty-eight minutes east, seven hundred and twentyfive feet; thence north thirty-nine degrees fifty-five minutes east, five hundred and sixty-nine and nine-tenths feet, and thence north fifteen degrees forty-nine minutes east, three hundred and nine and five-tenths feet to the point of beginning, containing eighty-four PARK AND RECREATIONAL LANDS IN ARIZONA 419 and sixty-eight one-hundredths acres more or less, inclusive of the portion of said tract also embraced within the right of way of said Arizona Cross-Cut Canal. Also a right of way one hundred feet wide on each side of a line beginning at a point on the north boundary line of said section 10, distant one thousand one hundred and fifty-six feet east of the northwest corner of said section 10; thence south twenty-five degrees twenty-two minutes east, two hundred and seventy-eight feet; thence south no degrees twenty-five minutes west, two hundred and ten and five-tenths feet; thence south twenty-six degrees twenty-eight minutes west, one thousand one hundred and sixty-seven feet; thence south sixteen degrees nine minutes east, four hundred and thirteen feet; thence south forty-eight degrees fifty-five minutes east, two hundred and seventy feet; thence south six degrees twenty-two minutes east, ninety-nine feet; thence south twenty-two degrees thirty minutes west, four hundred and sixty and five-tenths feet; thence south forty degrees forty-four minutes west, one thousand four hundred and seventy-four and seven-tenths feet, and thence south fifty-seven degrees forty-five minutes west, thirtyeight and eight-tenths feet to a point on the west boundary line of said section 10, distant one thousand one hundred and thirty-two feet, south one degree eighteen minutes west from the west quartersection corner of said section 10; thence continuing south fifty-seven degrees forty-five minutes west in section 9, five hundred feet to a point one hundred feet distant measured at right angles to said lastmentioned course from the intersection of the west boundary line of said right of way with the east and west middle line of the southeast quarter of said section 9. The south half southeast quarter southwest quarter northwest quarter and the north half northeast quarter northwest quarter southwest quarter of said section 10, the area of said tract, exclusive of the two hundred feet right of way of said Arizona Cross-Cut Canal hereinbefore described which crosses said tract in a general southwesterly direction, being seven acres. A triangular piece of land being all of the northeast quarter southeast quarter of said section 9, lying southeast of the right of way of said Arizona Cross-Cut Canal hereinbefore described, the said tract measuring sixty-two and five-tenths feet along the east boundary of said section 9 and ninety-five feet along the south boundary of said northeast quarter of the southeast quarter of said section 9, containing seven-hundredths acre more or less. WATER FOR UNCOMPAHGRE PROJECT, SEASON OF 1930 Joint resolution to authorize the Secretary of the Interior to deliver water during the irrigation season of 1930 on the Uncompahgre project, Colorado. (Pub. Res. No. 62 [S. J. Res. 151], April 12, 1930, ch. 143, 46 Stat. 163) [Economic study on Uncompahgre project-Delivery of water to those paying one annual installment of construction charge and current operation and maintenance charges. ]-Whereas an economic study is now in progress on the Uncompahgre project, Colorado, constructed and operated under the act of June 17, 1902 (Thirty-second Statutes at Large, page 388), and acts amendatory thereof or supplementary thereto, looking to the adjustment of water-right charges and the execution of a new contract with the water users of that project, and Whereas the necessary action can not be completed before the beginning of the irrigation season of 1930: Now, therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized to deliver water during the irrigation season of 1930 to any water user on the Uncompahgre project, Colorado, who pays or causes to be paid, in the manner and at the time prescribed by said Secretary one regular annual installment of construction charge and the current operation and maintenance charges, notwithstanding any delinquencies. 420 |