WISCONSIN-MINNESOTA LIGHT & POWER FLOWAGE PROPOSAL 1916 December, 5
December 5, 1916 –
Proposition of Wisconsin-Minnesota Light and Power Company, a Wisconsin Corporation to the Lac Courte Oreilles Tribe of Chippewa Indians.
The Wisconsin-Minnesota Light and Power Company,
desiring to obtain flowage rights upon tribal and allotted lands in the
Lac Courte Oreilles Indian Reservation, in Sawyer County, Wisconsin, for
a storage reservoir dam to be built in the Chippewa River, below the junction
of the East and West Forks, in Town 39 North, Range 6 West, with the crest
of said dam at an elevation not to exceed 1315 feet above sea level, according
to the United State Geological Survey; makes to the Lac Courte Oreilles
Indians and to the members of said tribe owning allotment which will be
overflowed in whole or in part by the construction and operation of said
storage dam, the following proposition, which when accepted by the tribe
and approved by the Secretary of the Interior of the United States; shall
become a binding and valid contract.
In consideration for the right to perpetually overflow the tribal or unallotted lands and the highways within the reservation within the 1315 foot contour line shown upon the map hereto attached and made a part hereof, the Wisconsin-Minnesota Light and Power Company, hereafter called the Company, hereby agrees that:
1. The Company will convey, or cause to be conveyed to the United States in Trust for the Lac Courte Oreilles tribe of Chippewa Indians, the so-called Huss Townsite located on the East side of Court Oreilles Lake in Town 29 North, Range 8 West, Sawyer County, Wisconsin, being the whole of Lots 4 and 5, Section 5, and Government Lot 2 Section 6, Township 39 North, Range 8 West of the Fourth Principal Meridian, Sawyer County, Wisconsin, being 100 acres more or less, including the platted subdivision known as the Village of Reserve and the First Addition to the Village of Reserve, and the amend the plat of Block 7 in the Village of Reserve, except: Lots 11 and 15 in Block 3, Lots 1 and 2 in Block 4, and Lot 7 in Block 6, and Lots 15, 16, 17 and 18 in Block 15, Lot 3 in Block 16, and Lots 18 and the west 50 feet of 19 in Block 17 of the Village of Reserve; and Lots 3, 4, 5 ,6, 7 and 8 of Block 9 of The First Addition of the Village of Reserve; and Lots 5, 6, 7, and 8 of the amended plat of Block 7 in the Village of Reserve, all according to the recorded plats thereof on file in the office of the Register of Deeds of said County;
And except accept a parcel of land bounded and described as follows: Beginning at the water line of Lac Courte Oreilles 20 feet west of the northeast corner of Government Lot 5 and running thence east 20 feet to said northeast corner thence south along the east line of Government Lot 5, 420 feet, thence west 210 feet to the waterline of Lac Courte Oreilles, thence northeasterly along said water line approximately 470 feet to point of beginning, being 1 acre more or less all in Government Lot 5, Section 5,
And except a parcel of land bounded and described as follows: Beginning at a point on the north line of Farm(?) Street of the Village of Reserve 283 feet east of the northeast corner of Main and Ebbert Streets and running thence northeasterly 50 feet along the north side of Main Street thence northwesterly at a right angle to Main Street, 145 feet, thence southwesterly parallel to Main Street 43.7 feet thence southeasterly 140 feet to the beginning, being .15 of one acre, all in Government Lot 5, Section 5;
And except a parcel of land bounded and described as follows: Beginning at a point 66 feet easterly along the south side of Main Street from the northeast corner of Lot 1, Block 17, Village of Reserve and running thence southeasterly 140 feet to the east line of Lot 1, Block 17, thence northeasterly 59.3 feet, thence northwesterly 140 feet, thence southwesterly along the south side of Main Street to the beginning, being .18 of an acre all in Government Lot 5, Section 5;
And except a parcel of land bounded and described as follows: Beginning at a point on the south line of Lot 7, Block 9 First Addition to Reserve, 50 feet east of the southwest corner of said Lot 7 running thence southeasterly to the water line of Little Couderay Lake on a line parallel to the west line of Lot 7 thence westerly along said water line to the southwest corner of Lot 8, Block 9 First Addition of Reserve, thence easterly along the south line of said Lots 8 and 7 to the point of beginning, except the highways, being 1½ acres more or less, all in Government Lot 2, Section 6, Township 39 North, Range 8 West of the 4th Principal Meridian.
A blue print map of the land above described marked ‘Exhibit A’, is hereto attached and made a part hereof. Upon said map the lands excepted are shown in red.
2. The Company will erect upon this Townsite for each Indian owning a house or other building upon tribal lands at the Indian Village now located Sections 31 and 32, of Township 40 North, Range 6 West hereinafter called the Post, a new house or building now located at the Post, or the company will pay the Indian owner of such building in cash the amount it would cost the Company to build the new building or buildings at the New Village.
3. The Company will build upon this new Townsite, or other location to be properly designated for that purpose, a new Catholic Church of sufficient size to afford all the Indians of the Lac Courte Oreilles tribe or at the election of the proper authorities in the Catholic Church, pay to the properly designated representative of said church in cash the fair estimated cost of build such new church.
4. The Company will pay to the properly designated representative of the Presbyterian Church the fair value of the Presbyterian mission building located at the Post.
5. The Company will pay the cost of removing the remains of all the deceased Indians, whose graves are in the cemetery at the Post or upon land that will be overflowed by the construction of said storage dam, to a new cemetery located at the new village, or to the high ground at the Post, or to any other point within the Reservation which shall be selected by the tribe. If the tribe shall elect to have (7 words illegible) of the existing cemetery at the Post (5 words illegible) said graves the Company will erect around such cemetery at the Post a fence consisting of substantial concrete posts and connected by a substantial iron rod or chain.
6. (a) The Company will open up and construct, with the consent of the Indians, whose allotments will be affected, a new highway running east and west approximately running along the center line of Sections 8, 9, 10, 11, and 12 in Town 39 North, Range 8 West, and Section 7 in Town 39 North, Range 7 West, from the Indian Village located near the center of Section 8, Town 39 North, Range 8 West, to the center of Section 7, Town 39 North, Range 7 West, and running thence in a northeasterly direction from the center of Section 7 to the existing highway on the northeast quarter of Section 5 is said township.
(b) The Company will also open up and construct a new public highway partially across land owned or to be acquired by the Company and not now included in the Lac Courte Oreilles Reservation, extending to a northerly direction from the existing highway on the northeast quarter of Section of Section 6, in Town 39 North, Range 7 West, approximately along the west boundary line of the East one half to the East one half of Section 31, to a new bridge to be constructed across the Chief River on the southeast quarter of Section 30, Town 40 North, Range 7 West, and thence northwesterly across sections 30 and 19 in Town 40 North, Range 7 West, to the east boundary line of the Reservation and thence northerly approximately along the east boundary line of the reservation to the existing highway on the southeast one-quarter of Section 12, Town 40 North, Range 8 West.
(c) The Company will also open up and construct a new highway from the high land at the south end of Chief Lake across the east one half of southeast one-quarter of Section 1, and the east one half of the northeast one-quarter of Section 12 to the new highway described in paragraph (a) above.
The new highways will be constructed by the Company shall be located approximately along the lines marked in red upon the map marked ‘Exhibit B’ hereto attached and made a part here of.
7. The Company will build new bridges or culverts upon plans to be approved by the Secretary of the Interior wherever the same shall be necessary for the use of the highways now existing or to be constructed upon the Reservation or upon Sections 19, 30 and 31 of Town 40 North, Range 7 West, under this agreement, whenever said new bridges or highways shall be made necessary by reason of raising of the water by said storage reservoir dam except that the Company shall not be required to build culverts or bridges upon the portions of the highways, hereinafter specifically described as the highways may be overflowed.
8. The Company will, at the election of the Indian owner of any allotment which would be wholly or partially overflowed by said reservoir dam, convey to the United States in trust for the said Indian owner in exchange for the fee title to the said allotment, as many acres of land located within or adjoining the boundaries of the reservation as there are in the allotment so over-flowed and, will pay to said Indian owner in cash, the amount, if any, that his allotments with the improvements thereon shall exceed in value the land conveyed in exchange thereof, or, at the (6 words illegible) former owner whose allotment shall be wholly or partially overflowed, the Company shall purchase from the said Indian owner, with the approval of the Secretary of the Interior, the fee title to said allotment and pay therefore the fair cash value of said allotment, or the Company will pay cash to such Indian owner the damage to his allotment resulting from the construction and operation of said storage reservoir dam. If in any case the Company and the Indian owner of the allotment shall not be able to agree to the amount to be paid to the owner, such amount shall be determined by three appraisers, one of whom shall be select by the owner, one by the company and the third by the two so selected.
9. The Company will cause all lands which shall be conveyed to the United States in trust for the tribe, or for any member of the tribe under the previsions of this agreement, to be made tax exempt by the act of the Legislature of the State of Wisconsin in the same manner and to the same extent that the lands now within the Reservation, or, if the Company shall be unable to obtain such legislation, it will pay all taxes assessed on such lands as long as they shall continue to be owned by said tribe, or member thereof, and its right to exercise flowage rights upon Indian lands, which it shall obtain pursuant to this agreement, shall be conditioned on such payment of such taxes and shall terminate if it shall neglect or fail to have such lands made tax-exempt or itself pay the taxed assessed thereon.
10. The highways on the Indian reservation which the Company shall the right to overflow without providing embankments, bridges, or culverts under this agreement are located as follows:
(a) (6½ lines illegible) quarter of Section 34, in Town 40 North, Range 6 West.
(b) So much of the highway extending around the southerly edge of Chief Lake across Section 6 in Town 39 North, Range 7 West and Section 1 in Town 39 North, Range 8 West as will be overflowed by said storage reservoir dam.
The highways which will be overflowed under this provision of the agreement are indicated by green lines upon the map hereto attached and made a part hereof.
11. This agreement except those parts which from their nature cannot be performed, shall be substantially performed by the Company before any of the tribal or allotted lands are overflowed.
EXECUTED at Grand Rapids, Michigan this 5th Day of December
Wisconsin-Minnesota Light and Power Company
(signed) – (Joseph Brewer)
(signed)-( Willis J. Redding)
(Corporate Seal Attached)