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RIGHTS OF WAY.

See "Railroad Grants.".

- Revised Statutes, Secs. 2476-2477-Navigable rivers-Public highways over public lands..

CANALS, DITCHES, AND RESERVOIRS.-Act of August 30, 1800 (26 Stat., 391)-Patents for lands west of one hundredth meridian

Page.

216

287

288

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..

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289

Act of May 11, 1898 (30 Stat., 404)—Same.

290

OIL PIPE LINES IN COLORADO AND WYOMING.-Act of
May 21, 1896 (29 Stat., 127)...

290

RESERVOIRS FOR WATERING STOCK.-Act of January 13, 1897 (29 Stat., 484)-May construct on unoccupied landFree use of-Survey

TRAMROADS, CANALS, AND RESERVOIRS FOR MIN-
ING, TIMBER CUTTING, ETC.-Act of January 21, 1895
(28 Stat., 635)-Right of way for..

Act of May 11, 1898 (30 Stat., 404)-Not within forest-Width-
Use of water for domestic purposes..
RESERVOIRS, FLUMES, PIPES, ETC., THROUGH FOR-
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..

RAILROADS.-Act of March 3, 1875 (18 Stat., 482)-Right of way, materials, station grounds, etc..

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Act of March 3, 1899 (30 Stat., 1233)—Wagon road, railroad, or reservoir..

297

Act of June 26, 1906 (34 Stat., 481)-Railroad rights of way in
Oklahoma and Arizona confirmed..

297

RAILROAD RIGHTS OF WAY FORFEITED.-Act of June 26, 1906 (34 Stat., 482) Forfeited where road is not constructed and five years elapsed since location of road...

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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...

Act of June 21, 1906 (34 Stat., 330)-Width-Station grounds..
TELEGRAPH AND TELEPHONE LINES THROUGH IN-
DIAN LANDS.-Act of March 3, 1901 (31 Stat., 1083)-May
grant easement for telegraph lines, etc.-Highways.
PIPE LINES THROUGH INDIAN LANDS.-Act of March 11,
1904 (33 Stat., 65)........

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rivers within pub

public highways.

UNITED STATES REVISED STATUTES. SEC. 2476. All navigable rivers, within the territory Navigable occupied by the public lands, shall remain and be deemed lie lands to be public highways; and, in all cases where the opposite May 18, 1796, banks of any stream not navigable belong to different 15, 468; Mar. 3, persons, the stream and the bed thereof shall become common to both.

287

1803, 2 S., 235.

Right of way for highways over public lands.

July 26, 1866, 14 S., 253.

to expressly re

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

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., 391).

Land patents Provided, That in all patents for lands hereafter taken serve right 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 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.

Right of way to ditch companies.

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

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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 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.

with occupation

Maps to be filed.

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 Damages. or damage shall be liable to the party injured for such injury or damage.

all canals.

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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.

noncompletion.

canal.

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.

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

reservoir sites.

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 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 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

etc.

Ditches, canals,

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.

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SEC. 2. That rights of way for ditches, canals, or reservoirs 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).

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 for pipe lines in Colorado and of the United States of America in Congress assembled, Wyoming. That the right of way through the public lands of the United States situate in the State of Colorado and in the State of Wyoming outside of the boundary lines of the Yellowstone National Park is hereby granted to any pipeline company or corporation formed for the purpose of transporting oils, crude or refined, 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 said pipe line and twenty-five feet on each side of the center of line of the same; also the right to take from the public lands adjacent to the line of said pipe line material, earth, and stone necessary for the construction of said pipe line.

Width.

Applications.

Approval.

Completion.

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 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 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.

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.

SEC. 4. That nothing in this act shall authorize the use of such right of way except for the pipe line, and then only so far as may be necessary for its construction, maintenance, and care.

Approved, May 21, 1896 (29 Stat., 127).

RESERVOIRS FOR WATERING STOCK.

An Act Providing for the location and purchase of public lands for reservoir sites.

Restriction.

for live stock.

Be it enacted by the Senate and House of Representatives Reservoir sites of the United States of America in Congress assembled, That any person, live-stock company, or transportation corporation engaged in breeding, grazing, driving, or transporting live stock may construct reservoirs upon unoccupied public lands of the United States, not mineral or otherwise reserved, for the purpose of furnishing water to such live stock, and shall have control of such reservoir, under regulations prescribed by the Secretary of the Interior, and the lands upon which the same is constructed, not exceeding one hundred and sixty acres, so long as such reservoir is maintained and water kept therein for such purposes: Provided, That such reservoir shall not be fenced and shall be open to the free use of any person desiring to water animals of any kind.

Free use, etc.

Statement re

SEC. 2. That any person, live-stock company, or corporation desiring to avail themselves of the provisions of quired. this act shall file a declaratory statement in the United States land office in the district where the land is situated, which statement shall describe the land where such reservoir is to be or has been constructed; shall state what business such corporation is engaged in; specify the capacity of the reservoir in gallons, and whether such company, person, or corporation has filed upon other reservoir sites within the same county; and if so, how many.

SEC. 3. That at any time after the completion of such surveys, etc., reservoir or reservoirs which, if not completed at the date required. of the passage of this act, shall be constructed and completed within two years after filing such declaratory statement, such person, company, or corporation shall have the same accurately surveyed, as hereinafter provided, and shall file in the United States land office in the district in which such reservoir is located a map or plat showing the location of such reservoir, which map or plat shall be transmitted by the register and receiver of said United States land office to the Secretary of the Interior and approved by him, and thereafter such land shall be reserved from sale by the Secretary of the Interior so long Lands reserved as such reservoir is kept in repair and water kept therein. from sale SEC. 4. That Congress may at any time amend, alter, t

or 'repeal this act.

Approved, January 13, 1897 (29 Stat., 484).

Amendment,

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