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RIGHTS OF WAY.

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See “ Railroad grants”.
Revised Statutes.--Sections 2476-2477—Xavigable rivers-Public high-

ways over public lands_
CANALS, DITCHES, AND RESERVOIRS.-Act of August 30, 1890

Patents for lands west of one hundredth meridian.
Act of March 3, 1891-Canal or ditch company--
Act of February 26, 1897—Extends provisions of act of March 3, 1891.
Act of May 11, 1898-Same---
Act of March 4, 1917–Right of way for canals and ditches over certain

withdrawn lands_
Act of March 1, 1921–Use of right of way for dwellings, etc.---
OIL PIPE LINES.--Act of May 21, 1896-Oil pipe lines in Colorado and

Wyoming-
Act of April 12, 1910_Oil pipe lines in Arkansas.
RESERVOIRS FOR WATERING STOCK.-Act of January 13, 1897-

May construct on unoccupied land-Free use of-Survey.
Act of March 3, 1923-May be forced-
TRAMROADS, CANALS, AND RESERVOIRS FOR MINING, TIM-

BER CUTTING, ETC.--Act of January 21, 1895—Right of way for-
Act of May 11, 1898-Not within forest-Width-Use of water for do-

mestie purposes..
RESERVOIRS, FLUMES, PIPES, ETC., THROUGH FORESTS FOR

MINING.-Act of February 1, 1905–Right of way
TELEGRAPH AND TELEPHONE LINES, ELECTRICAL PLANTS,

CANALS, AND RESERVOIRS.-Sections 5203–5265---Right of way

for telegraph lines.
Act of February 15, 1901—-Right of way over public lands and through

reservations ---
Act of February 7, 1905-Sierra Forest Reserve..
Act of March 4, 1911-Grants allowed for 50 years...
TELEGRAPH AND TELEPHONE LINES THROUGH INDIAN

LANDS.--Act of March 3, 1901--May grant easement for telegraph

lines, ete.-Highways.
PIPE LINES THROUGH INDIAN LANDS.-Act of March 11, 1904
Act of March 2, 1917--Authority from the Secretary of the Interior..
LOS ANGELES WATER SUPPLY.--Act of June 5, 1920–Right of way

for Los Angeles aqueduct-
HIGHWAY OR FOREST ROAD.--Act of November 9, 1921–Right of

way for highway or forest road.

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UNITED STATES REVISED STATUTES.

public high

Sec. 2476. All navigable rivers, within the territory Navigate occupied by the public lands, shall remain and be deemed public lands to public highways; and, in all cases where the opposite ways. banks of any stream not navigable belong to different , kaya ds: 1296; persons, the stream and the bed thereof shall become 3, 1803, 2 's. 235. common to both.

Sec. 2477. The right of way for the construction of Right of way highways over public lands, not reserved for public uses, public lands. is hereby granted.

July 26, 1866, 14 S. 253.

ACTS OF CONGRESS PASSED SUBSEQUENT TO THE

REVISED STATUTES.

Canals, Ditches, and Reservoirs.

Extract from the sundry civil appropriation Act, approved August 30,

1890 (26 Stat. 371–391). Laod patente Provided, That in all patents for lands hereafter taken to serve right of way up under any of the land laws of the United States or on for ditchen, eta entries or claims validated by this Act, 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.

An Act To repeal timber-culture laws, and for other purposes.

Right of way to Sec. 18. That the right of way through the public ditch companies.

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 Not to interfere of such canal or ditch: Provided, That no such right of by Government. 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 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 Oled. 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 Approval. 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

Damages.

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.

SEC. 20. That the provisions of this Act shall apply Applicable to 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, non completion." 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.

SEC. 21. That nothing in this Act shall authorize such Use only for 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.

Forfeiture for

*

Approved, March 3, 1891 (26 Stat. 1095–1101).

An Act To provide for the use and occupation of reservoir sites

reserved.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all reservoir sites reserved or to be re- Rights of way

reservoir sites. served shall be opened to use and occupation under the right-of-way Act of March third, eighteen hundred and ninety-one. And any State is hereby authorized to improve and occupy such reservoir sites to the same extent as an individual or private corporation, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the charges for water

Water charges. coming in whole or part from reservoir sites used or occupied under the provisions of this Act shall always be subject to the control and regulation of the respec

1 Amended by the acts of May 11, 1898; Mar, 4, 1917; and Mar. 1,

tive States and Territories in which such reservoirs are in whole or part situate.

Approved, February 26, 1897 (29 Stat. 599).

An Act to amend an act to permit the use of the right of way

through public lands for tramroads, canals, and reservoirs, and for other purposes.

[blocks in formation]

etc.

Ditchen, canals, Sec. 2. That rights of way for ditches, canals, or reser

voirs heretofore or hereafter approved under the provisions of sections eighteen, nineteen, twenty, and twentyone 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 purposes 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.

Approved, May 11, 1898 (30 Stat. 404).

An Act To amend the irrigation Act of March third, eighteen hun

dred and ninety-one (Twenty-sixth Statutes, page one thousand and ninety-five), section eighteen, and to amend section two of the Act of May eleventh, eighteen hundred and ninety-eight (Thirtieth Statutes, page four hundred and four).

ditches.

tricts,

Be it enacted by the Senate and House of Representa

tives of the United States of America in Congress asPublic lands. sembled, That section eighteen of what is generally lisation known as the irrigation Act of March third, eighteen

hundred and ninety-one (Twenty-sixth Statutes, page one thousand and ninety-five), be, and is hereby, ,

amended so as to read as follows: Rights of way “Sec. 18. That the right of way through the public granted to ditch lands and reservations of the United States is hereby drainage dis.

granted to any canal or ditch company or drainage district formed for the purpose of irrigation or drainage and duly organized under the laws of any State or Territory, and 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: Not to inter. Provided, That no such right of way shall be so located occupa as to interfere with the proper occupation by the Govern

ment 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 the privilege herein granted shall not be construed to interfere with the control of water for irrigation and other

fere with ernment tion.

Control of State.

Indian lands.
Rights of way

purposes under authority of the respective States or Territories."

Sec. 2. That section two of the Act of May eleventh, eighteen hundred and ninety-eight (Thirtieth Statutes, page four hundred and four), be, and is hereby, amended so as to read as follows:

“ Sec. 2. That rights of way for ditches, canals, or reservoirs heretofore or hereafter approved under the for ditches. provisions of sections eighteen, nineteen, twenty, and of way for Figub

rights twenty-one of the Act entitled 'An Act to repeal timber- lic purposes. culture laws, and for other purposes,' approved March third, eighteen hundred and ninety-one, may be used for purposes 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 or drainage.”

Approved, March 4, 1917 (39 Stat. 1197).

Easements ad.

Vol. 80, p.

404.

An Act To amend acts to permit the use of the right of way through

the public lands for tramroads, canals, and reservoirs, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in addition to the rights of way granted by sections 18, 19, 20, and 21 of the Act of Congress entitled joining irrigation “An Act to repeal timber-culture laws, and for other pur- etc., permitted poses," approved March 3, 1891 (Twenty-sixth Statutes, or administrapage 1095), as amended by the Act of Congress entitled "Vol. 28, p. 1101. "An Act to amend the Irrigation Act of March 3, 1891

Vol. 39, p. 1197. (Twenty-sixth Statutes, page 1095, section 18), and to amend section 2 of the Act of May 11, 1898 (Thirtieth Statutes, page 404)," approved Märch 4, 1917 (Thirtyninth Statutes, page 1197), and, subject to the conditions and restrictions therein contained; the Secretary of the Interior is authorized to grant permits or easements for not to exceed five acres of ground adjoining the right of way at each of the locations, to be determined by the Secretary of the Interior, to be used for the erection thereon of dwellings or other buildings or corrals for the convenience of those engaged in the care and management of the works provided for by said Acts: Provided, That this proviso.

Not applicable Act shall not apply to lands within national forests.

Approved, March 1, 1921 (41 Stat. 1194).

to national for. ests,

OIL PIPE LINES.

An Act To grant right of way over the public domain for pipe lines

in the States of Colorado and Wyoming. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the right of way through the public lands Right of way of the United States situate in the State of Colorado and C pipe dinesa na in the State of Wyoming outside of the boundary lines of Wyoming.

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