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RESTORATION OF WITHDRAWN LANDS.
Act of September 30, 1913 (38 Stat., 113)—Method for opening lands
restored from withdrawal."
An Act To authorize the President to provide a method for opening lands restored from reservation or withdrawal, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled, Method author: That hereafter when public lands are excluded from ized for opening lands restorod national forests or released from withdrawals the Presifrom reservation.
dent may, whenever in his judgment it is proper or necessary, provide for the opening of the lands by settlement in advance of entry, by drawing, or by such other method as he may deem advisable in the interest of equal opportunity and good administration, and in doing so may provide that lands so opened shall be subject only to homestead entry by actual settlers only or to entry under the desert-land laws for a period not exceeding ninety days, the unentered lands to be thereafter subject to disposition under the public-land laws applicable thereto.
SEC. 2. That where under the law the Secretary of the previous restora
Interior is authorized or directed to make restoration of
RIGHTS OF WAY.
See “Railroad Grants."
highways over public lands...
30, 1890 (26 Stat., 391)-Patents for lands west of one hun
dredth meridian Act of March 3, 1891 (26 Stat., 1101)—Canal or ditch company.. Act of February 26, 1897 (29 Stat., 599)--Extends provisions of
act of March 3, 1891...
May 21, 1896 (29 Stat., 127).
13, 1897 (29 Stat., 484)-May construct on unoccupied land
Free use of–Survey
ING, TIMBER CUTTING, ETC.-Act of January 21, 1895
(28 Stat., 635)—Right of way for...
Use of water for domestic purposes...
ESTS FOR MINING.-Act of February 1, 1905 (33 Stat.,
628)-Right of way.. TELEGRAPH AND TELEPHONE LINES, ELECTRICAL
PLANTS, CANALS, AND RESERVOIRS.-Act of February 15, 1901 (31 Stat., 790)—Right of way over public lands and
through reservations... Act of February 7, 1905 (33 Stat., 702)—Sierra forest reserve.. Act of March 4, 1911 (36 Stat., 1253)-Grants allowed for 50
years... BAILROADS.-Act of March 3, 1875 (18 Stat., 482)-Right of
way, materials, station grounds, etc. Act of March 3, 1899 (30 Stat., 1233)—Wagon road, railroad, or
Oklahoma and Arizona confirmed.
1906 (34 Stat., 482)—Forfeited where road is not constructed
and five years elapsed since location of road.. Act of February 25, 1909 (35 Stat., 647)—Same.. RAILROAD RIGHTS OF WAY THROUGH INDIAN LANDS.
Act of March 2, 1899 (30 Stat., 990)-Right of way, width, con
struction of road, etc..
grant easement for telegraph lines, etc.--Highways.
1904 (33 Stat., 65).......
UNITED STATES REVISED STATUTES.
SEC. 2476. All navigable rivers, within the territory
Navigable occupied by the public lands, shall remain and be deemed lic lands to be public highways; and, in all cases where the opposite P May 118, wings, banks of any stream not navigable belong to different 180.des. Mar. 3 persons, the stream and the bed thereof shall become common to both.
rivers within pub
, 2 , 235
Right of way SEC. 2477. The right of way for the construction of for highways over public lands. highways over public lands, not reserved for public uses,
July 26, 1866, 14 8., 253.
is hereby granted.
ACTS OF CONGRESS PASSED SUBSEQUENT TO THE
Canals, Ditches, and Reservoirs.
Extract from the sundry civil appropriation act, approved August 30,
1890 (26 Stat., 391). Provided, That in all patents for lands hereafter taken to expressly reserveright of way up under any of the land laws of the United States or on for ditches, etc.
entries or claims validated by this act, west of the one
* 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 of such canal or Not to interfere ditch: Provided, That no such right of way shall be so by Government. 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 re
spective States or Territories. Maps to be filed.
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 Approved. 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 Damages.
. or damage shall be liable to the party injured for such injury or damage.
SEC. 20. That the provisions of this act shall apply to Applicable 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 Forfeiture for 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.
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.
Approved, March 3, 1891 (26 Stat., 1101).
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 reserved shall Rights of way
reservoir sites. 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, Water charges. That the charges for water 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 respective States and Territories in which such reservoirs are in whole or part situate. Approved, February 26, 1897 (29 Stat., 599).
61002°—S. Doc. 547, 64-1-19
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.
Ditchas, canals, SEC. 2. That rights of way for ditches, canals, or reseretc.
voirs 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 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).
OIL PIPE LINES IN COLORADO AND WYOMING.
An Act To grant right of way over the public domain for pipe lines in the
States of Colorado and Wyoming.
Right of way Be it enacted by the Senate and House of Representatives
That the right of way through the public lands of the
struction of said pipe line. Applications. SEC. 2. That any company or corporation desiring to
secure the benefits of this act shall within twelve months after the location of ten miles of the pipe line if the same be upon surveyed lands; and if the same be
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 Approval. its line, 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 right of way shall pass shall be disposed of subject to such
right of way. Completion. SEC. 3. That if any section of said pipe line shall not be
completed within five years after the location of said section the right herein granted shall be forfeited, as to any incomplete section of said pipe line, to the extent that the same is not completed at the date of the forfeiture.