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Amendment and repeal.

SEC. 6. That Congress hereby reserves the right at any time to alter, amend, or repeal this act, or any part thereof.

(This act is made applicable, at least conditionally, to National Forest lands by the act of Mar. 3, 1899, ante, p. 79.) Ditches constructed by United States.

Act of August 30, 1890 (26 Stat., 371, on p. 391). In all patents for lands hereafter taken up under any of the land laws of the United States

west of the one hundredth meridian, it shall be expressed that there is reserved from the lands in said patent described, a right of way thereon for ditches or canals constructed by the authority of the United States.

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RIGHTS OF WAY FOR IRRIGATION.

Grant under State laws confirmed.

SEC. 2339. Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. Patents subject to vested rights.

Sec. 2340. All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section. Irrigation rights of way.

Act of March 3, 1891 (26 Stat., 1095). Sec. 18. That the right of way through the public lands and reservations of the United States is hereby granted to any canal or ditch company formed for the purpose of irrigation and duly organized under the laws of any State or Territory, which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of the ground occupied by the water of the reservoir and of the canal and its laterals, and fifty feet on each side of the marginal limits thereof; also the right to take, from the public lands adjacent to the line of the canal or ditch, material, earth, and stone necessary for the construction of such canal or ditch: Provided, That no such right of way shall be so located as to interfere with the proper occupation by the Government of any such reservation, and all maps of location shall be subject to the approval of the Department of the Government having jurisdiction of such reservation, and

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the privilege herein granted shall not be construed to interfere with the control of water for irrigation and other purposes under authority of the respective States or Territories. Maps to be filed and approved.

Sec. 19. That any canal or ditch company desiring to secure the benefits of this act shall, within twelve months after the location of ten miles of its canal, if the same be upon surveyed lands, and if upon unsurveyed lands, within twelve months after the survey thereof by the United States, file with the register of the land office for the district where such land is located a map of its canal or ditch and reservoir; and upon the approval thereof by the Secretary of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way. Whenever any person or corporation, in the construction of any canal, ditch, or reservoir, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage. Rights granted subject to forfeiture.

Sec. 20. That the provisions of this act shall apply to all canals, ditches, or reservoirs, heretofore or hereafter constructed, whether constructed by corporations, individuals, or association of individuals, on the filing of the certificates and maps herein provided for. If such ditch, canal, or reservoir, has been or shall be constructed by an individual or association of individuals, it shall be sufficient for such individual or association of individuals to file with the Secretary of the Interior, and with the register of the land office where said land is located, a map of the line of such canal, ditch, or reservoir, as in case of a corporation, with the name of the individual owner or owners thereof, together with the articles of association, if any there be. Plats heretofore filed shall have the benefits of this act from the date of their filing, as though filed under it: Provided, That if any section of said canal or ditch shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any uncompleted section of said canal, ditch, or reservoir, to the extent that the same is not completed at the date of the forfeiture. Limitation of use.

Sec. 21. That nothing in this act shall authorize such canal or ditch company to occupy such right of way except for the purpose of said canal or ditch, and then only so far as may be necessary for the construction, maintenance, and care of said canal or ditch. [See provision next below.] Additional and subsidiary uses.

Act of May 11, 1898 (30 Stat., 404). SEC. 2. That the rights of way for ditches, canals, or reservoirs heretofore or hereafter approved under the provisions of sections eighteen, nineteen, twenty, and twenty-one of the Act entitled “ An Act to repeal timber-culture laws, and for other purposes," approved March third, eighteen hundred and ninety-one, may be used for pur

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poses of a public nature; and said rights of way may be used for purposes of water transportation, for domestic purposes, or for the development of power, as subsidiary to the main purpose of irrigation.

RIGHTS OF WAY FOR POWER PURPOSES.

Act of May 14, 1896 (29 Stat., 120), amending act of June 21, 1895 (28

Stat., 635). Sec. 2. That the Secretary of the Interior be, and hereby is, authorized and empowered, under general regulations to be fixed by him, to permit the use of right of way to the extent of twenty-five feet, together with the use of necessary ground, not exceeding forty acres, upon the public lands and the forest reservations of the United States, by any citizen or association of citizens of the United States for the purposes of generating, manufacturing, or distributing elec

tric power.

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Power permits.

Act of February 15, 1901 (31 Stat., 790). The Secretary of the Interior

is authorized and empowered, under general regulations to be fixed by him, to permit the use of rights of way through the public lands, forest and other reservations of the United States and the Yosemite, Sequoia, and General Grant National Parks, California, for electrical plants, poles, and lines for the generation and distribution of electrical power, and for telephone and telegraph purposes, and for canals, ditches, pipes and pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, and reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or cutting of timber or lumber, or the supplying of water for domestic, public, or any other beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, tunnels, reservoirs, or other water conduits or water plants, or electrical or other works permitted hereunder, and not to exceed fifty feet on each side of the marginal limits thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or corporation of the United States, where it is intended by such to exercise the use permitted hereunder or any one or more of the purposes herein named: Provided, That such permits shall be allowed within or through any of said parks or any forest, military, Indian, or other reservation only upon the approval of the chief officer of the department under whose supervision such park or reservation falls and upon a finding

by him that the same is not incompatible with the public interest: Provided further, That all permits given hereunder for telegraph and telephone purposes shall be subject to the provision of title sixty-five of the Revised Statutes of the United States, and amendments thereto, regulating rights of way for telegraph companies over the public domain: And provided further, That any permission given by the Secretary of the Interior under the provisions of this act may be revoked by him or his successor in his discretion, and shall not be held to confer any right, or easement, or interest in, to, or over any public land, reservation, or park.

Rights of way for municipal and mining purposes.

Act of February 1, 1905 (33 Stat., 628). SEC. 4. That rights of way for the construction and maintenance of dams, reservoirs, water plants, ditches, flumes, pipes, tunnels, and canals, within and across the forest reserves of the United States are hereby granted to citizens and corporations of the United States for municipal or mining purposes, and for the purposes of the milling and reduction of ores, during the period of their beneficial use, under such rules and regulations as may be prescribed by the Secretary of the Interior, and subject to the laws of the State or Territory in which said reserves are respectively situated. Grant of easements for transmission, telephone, and telegraph lines.

Act of March 4, 1911 (36 Stat., 1235). That the head of the department having jurisdiction over the lands be, and he hereby is, authorized and empowered, under general regulations to be fixed by him, to grant an easement for rights of way, for a period not exceeding fifty years from the date of the issuance of such grant, over, across, and upon the public lands, National Forests, and reservations of the United States for electrical poles and lines for the transmission and distribution of electrical power, and for poles and lines for telephone and telegraph purposes, to the extent of twenty feet on each side of the center line of such electrical, telephone and telegraph lines and poles, to any citizen, association, or corporation of the United States, where it is intended by such to exercise the right of way herein granted for any one or more of the purposes herein named: Provided, That such right of way shall be allowed within or through any national park, National Forest, military, Indian, or any other reservation only upon the approval of the chief officer of the department under whose supervision or control such reservation falls, and upon a finding by him that the same is not incompatible with the public interest: Provided, That all or any part of such right of way may be forfeited and annulled by declaration of the head of the department having jurisdiction over the lands for nonuse for a period of two years or for abandonment.

That any citizen, association, or corporation of the United States to whom there has heretofore been issued a permit for any of the purposes specified herein under any existing law, may obtain the benefit of this act upon the same terms and conditions as shall be required of citizens, associations, or corporations hereafter making application under the provisions of this statute.

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SPECIAL LEGISLATION GRANTING RIGHTS OF WAY.

Act of May 1, 1906 (34 Stat., 163), granting permit, revocable by Secretary for certain causes, to occupy for hydroelectric purposes, lands in San Bernardino, Sierra, and San Gabriel National Forests, Cal.

Act of June 30, 1906 (34 Stat., 801), authorizing the Secretary of the Interior to sell to the city of Los Angeles, Cal., certain public lands in California, and granting rights in, over, and through the Sierra Forest Reserve, the Santa Barbara Forest Reserve, and the San Gabriel Timber Land Reserve, Cal., to the city of Los Angeles, Cal.

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Act of May 18, 1898 (30 Stat., 418), granting the Santa Fe & Grand Canyon Railroad Co. right of way for railroad purposes through the Grand Canyon Forest Reserve in northern Arizona.

Act of June 27, 1898 (30 Stat., 493), granting right of way through the Pikes Peak Timber

Land Reserve and the public lands to the Cripple Creek District Railway Co.

Act of July 8, 1898 (30 Stat., 729), granting right of way through the Pikes Peak Timber Land Reserve and the public lands to the Cripple Creek Short-Line Railway Co.

Act of January 10, 1899 (30 Stat., 783), granting the Saginaw Southern Railroad Co. a right of way for railroad purposes through the San Francisco Mountains Forest Reserve.

Act of February 28, 1899 (30 Stat., 910), to grant to the Pasadena & Mount Wilson Railway Co. right of way and certain lands for railroad purposes through the San Gabriel Forest Reserve.

Act of June 6, 1900 (31 Stat., 657), to grant right of way over Government lands for a pipe line for the conveyance of water to Flagstaff, Ariz.

Act of February 25, 1903 (32 Stat., 907), granting the Central Arizona Railway Co. a right of way for railroad purposes through the San Francisco Mountains Forest Reserve, in the Territory of Arizona.

Rights of way in Alaska-Railroads, tramroads, and wagon roads.

Act of May 14, 1898, sections 2–9 (30 Stat., 409).

DECISIONS.

Rights of way for Government use.

The Secretary of Agriculture has authority to require the locators of mining claims within National Forests to permit the United States, or its vendees, means of ingress and egress over their claims for the purpose of removing timber, and administering and protecting the National Forests. (Sol. Op., Nov. 4, 1915.)

Where telephone lines belonging to the Forest Service have been constructed over public lands, in the patents issued to such lands, there will be inserted a clause excepting from the conveyance the telephone line and all appurtenances thereto, together with the right of the United States, its officers, agents, or employees, to maintain, operate, repair, or improve such telephone line so long as needed or used for or by the United States. (Letter (D-17542) of Assistant Secretary Sweeney, dated Aug. 31, 1915, directed to the Commissioner of the General Land Office.)

A way of necessity is reserved to the Government where a tract of National Forest land is entirely cut off from a public highway by other lands formerly a part of the public domain. (2 Sol. Op., 973; see also U. S. v. Rindge, 208 Fed., 611.)

Act of August 30, 1890 (26 Stat., 371, 391), reserves right of way for Government reclamation projects and is valid. (United States v. Van Horn, 197 Fed., 611.)

Act of August 30, 1890' (26 Stat., 371, 391), reserves right of way for Governmental purposes only. (Solicitor to Forester, Oct. 3 1910.)

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