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United States. Office of Indian Affairs / Annual report of the Commissioner of Indian Affairs, for the year 1904, Part I

Report of the Commissioner of Indian Affairs,   pp. 1-128 PDF (50.3 MB)

Page 8

Geological Survey was communicated to the Department June 11, 
1887, with the recommendation that the subject be again referred to 
the Attorney-General, with request that the United States attorney be 
directed to take the necessary steps to enjoin the canal company from 
any diversion of the waters of the Gila River to the injury of the 
Indians, or to take such other steps as might be deemed necessary to 
protect them in the continued enjoyment of their rights. 
August 6, 1887, the Office reported to the Department that the 
Florence Canal Company had promised to enter into such-stipulations 
as the Government might propose not to diminish the quantity of water 
then used by the Indians; the Office therefore asked that the United 
States attorney be instructed to stay proceedings for a reasonable time 
to allow the company to enter into such engagement. it was also stated 
that the matter was regarded by this Office as practically out of the 
hands of the Interi6r Department, the United States attorney having 
been instructed to apply for an injunction restraining the company 
from diverting the water to the injury of the Indians, or to take such 
other steps as he might deem advisable to protect the Indians. It was 
further stated that there was no doubt that if the district attorney 
should consider it safe and proper to enter into the proposed agree- 
ment he would arrange the details in a manner satisfactory to this 
December 30, 1887, this Office received, by reference through the 
Department from the Attorney-General, copy of a report from the 
United States attorney for Arizona, transmitting a copy of the resolu- 
tions of the company. 
April 11, 1888, the Office referring to its letter of August 6, 1887, 
stated that if the agreement should finally be accepted endeavor would 
be made to procure the services of an army engineer to make such 
measurements as the district attorney might require to determine the 
quantity of water then used by the Indians in irrigating their farms, 
provided the district attorney desired to have such measurements 
October 23, 1890, the Office referring to Office letter of April 11, 
1888, recommended that the Attorney-General be requested to advise the 
Department what action if any had been taken to protect the rights of 
the Indians against the Florence Canal Company, for the agent at the 
Pima Agency had reported that if the canal company was permitted 
to have full control of the reservoir in connection with the canal he 
feared the Indians need expect no benefit therefrohn. No reply bein'g 
received, the Office again, January 5, 1891, suggested that it would be 
well to call thd attention of the Department of Justice to previous cor-
respondence on the subject and to request that steps be taken at once 
to secure the rights of the Indians; and the Office asked to be advised 
as to the status of the case and the final result of the action taken by

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