Revised Statutes.-Sections 2476-2477-Navigable rivers-Public highways over public lands.. 497 CANALS, DITCHES, AND RESERVOIRS.-Act of August 30, 1890- 498 Act of March 3, 1891-Canal or ditch company-. 498 Act of February 26, 1897-Extends provisions of act of March 3, 1891. 499 500 Act of March 4, 1917-Right of way for canals and ditches over certain withdrawn lands.. 500 Act of March 1, 1921-Use of right of way for dwellings, etc.--. 501 501 Act of April 12, 1910-Oil pipe lines in Arkansas. 502 RESERVOIRS FOR WATERING STOCK.-Act of January 13, 1897- 503 TRAMROADS, CANALS, AND RESERVOIRS FOR MINING, TIM- RESERVOIRS, FLUMES, PIPES, ETC., THROUGH FORESTS FOR Act of February 15, 1901-Right of way over public lands and through Act of February 7, 1905-Sierra Forest Reserve.. 504 505 505 506 506 507 508 509 509 511 PIPE LINES THROUGH INDIAN LANDS.-Act of March 11, 1904. 512 HIGHWAY OR FOREST ROAD.-Act of November 9, 1921-Right of way for highway or forest road.. UNITED STATES REVISED STATUTES. 512 517 rivers within public lands to public high SEC. 2476. All navigable rivers, within the territory Navigable occupied by the public lands, shall remain and be deemed public highways; and, in all cases where the opposite ways. banks of any stream not navigable belong to different, May 18, 1796, 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 highways over public lands, not reserved for public uses, is hereby granted. S. 468; Mar. Right of way public lands. for highways over 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). Land patents Provided, That in all patents for lands hereafter taken to expressly reserve 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 Right of way to ditch companies. 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. 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 Not to interfere of such canal or ditch: Provided, That no such right of with occupation 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 filled. Approval. 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. 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, Forfeiture for 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.1 * 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 reserved 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 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, 1921. Rights of way reservoir sites. Water charges. etc. Ditches, canals, 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. 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). An Act To amend the irrigation Act of March third, eighteen hundred 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). Be it enacted by the Senate and House of Representatives of the United States of America in Congress asPublic lands sembled, That section eighteen of what is generally Irrigation 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: ditches. granted to ditch companies or tricts. 66 Rights of way SEC. 18. That the right of way through the public 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 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 with fere ernment tien. Gov purposes under authority of the respective States or Territories." State. SEC. 2. That section two of the Act of May eleventh, Control of eighteen hundred and ninety-eight (Thirtieth Statutes, page four hundred and four), be, and is hereby, amended so as to read as follows: Rights of way Use of rights "SEC. 2. That rights of way for ditches, canals, or Indian lands. reservoirs heretofore or hereafter approved under the for ditches. provisions of sections eighteen, nineteen, twenty, and of way for pubtwenty-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). 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. Easements ad rights of way, tion work. Vol. 26, p. 1101. Vol. 39, p. 1197. 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 Public lands. 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, for administra page 1095), as amended by the Act of Congress entitled An Act to amend the Irrigation Act of March 3, 1891 (Twenty-sixth Statutes, page 1095, section 18), and to amend section 2 of the Act of May 11, 1898 (Thirtieth Statutes, page 404)," approved March 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 Act shall not apply to lands within national forests. Approved, March 1, 1921 (41 Stat. 1194). OIL PIPE LINES. An Act To grant right of way over the public domain for pipe lines in the States of Colorado and Wyoming. Proviso. Not applicable to national forests. 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 for pipe lines in in the State of Wyoming outside of the boundary lines of Wyoming. Colorado and |