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Amounts to be certified to Sec

of

of the amount he was lawfully required to pay under such

laws, such excess shall be repaid to such person or to his Time limit for legal representatives: Provided, That such person or his application.

legal representatives shall file a request for the repayment of such excess within two years after the patent has issued for the land embraced in such payment, or within two years from the passage of this Act as to such excess payments as have heretofore been made.

“Sec. 3. That when the Commissioner of the General retary the Land Office shall ascertain the amount of any excess Treasury.

moneys, purchase moneys, or commissions in any case where repayment is authorized by this statute, the Secretary of the Interior shall at once certify such amounts

to the Secretary of the Treasury, who is hereby authorPayment

ku-ized and directed to make repayment of all amounts so

certified out of any moneys not otherwise appropriated

and issue his warrant in settlement thereof. Rules to prescribed.

“SEO. 4. That the Secretary of the Interior is hereby authorized to make such rules and regulations as may be necessary and proper for the purpose of carrying the provisions of this Act into full force and effect."

Approved, December 11, 1919 (41 Stat. 366).

thorized

be

RESERVOIR SITES,

Page. 493

Act of October 2, 1888—Reservation of storage reservoirs in arid regions.
Act of August 30, 1890-Repeals act of October 2, 1888, but existing reser-

voir sites reserved..
Act of March 3, 1891–Reservoir sites to contain only so much land as ac-

tually necessary

495

496

arid

Extract from the sundry civil appropriation Act approved October 2,

1888 (25 Stat. 505-526). For the purpose of investigating the extent to which Storage reserthe arid region of the United States can be redeemed by region. irrigation, and the segregation of the irrigable lands in Investigation. such arid region, and for the selection of sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows,

And all the lands which may hereafter be designated or selected by such United States surveys for sites for reservoirs, ditches or canals for irrigation purposes and all the lands made sus- tromandier

Lands reserved ceptible of irrigation by such reservoirs, ditches or canals are from this time henceforth hereby reserved from sale as the property of the United States, and shall not be subject after the passage of this act, to entry, settlement, or occupation until further provided by law: Provided, landsopto settle!

Reopening of That the President may, at any time in his discretion, by ment. proclamation open any portion or all of the lands reserved by this provision to settlement under the homestead laws.

Extract from the sundry civil appropriation Act approved August 30,

1890 (26 Stat. 371–391). And so much of the act of October second, eighteen Reservation of hundred and eighty-eight, entitled “An Act making ap- entry repealed. propriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes," as provides for the withdrawal of the public lands from entry, occupation and settlement, is hereby repealed, and all Existing bona entries made or claims initiated in good faith and valid validated. but for said Act, shall be recognized and may be perfected in the same manner as if said law had not been enacted, except that reservior sites heretofore located or selected shall remain segregated and reserved from entry or settlement as provided by said Act, until otherwise

* Repealed by the Act of Aug. 30, 1890, but withdrawals already made to remain segregated. Limited as to area by Act of Mar. 3, 1891.

to

Reservoir sites provided by law, and reservoir sites hereafter located or

selected on public lands shall in like manner be reserved from the date of the location or selection thereof.

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

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Limit on reservoir sites.

SEC. 17. That reservoir sites located or selected and to be located and selected under the provisions of "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth,

eighteen hundred and eighty-nine, and for other purLands of actual poses,” and amendments thereto, shall be restricted to settlers.

and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs; excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs;

*

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

RIGHTS OF WAY.

Page. 338

497

498 498 499 500

500 501

501 502

503

504

505

See “ Railroad grants”.
Revised Statutes.-Sections 2476–2477—Navigable 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.

505

506

506

507 508 509

509 511 512

512

517

UNITED STATES REVISED STATUTES.

Sec. 2476. All navigable rivers, within the territory Navigable 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 . 88; War: 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). Land patente 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.

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 Aled. 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

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