NATIONAL FOREST MANUAL LAWS. 57 



ceedings. (Instructions, case of Pamma Power & Irrigation Co., 39 

 L. D., 309; see also Kern River Co., 38 L. D., 302.) 



Applications for rights of way under the provisions of the act of March 

 3, 1891, and section 2 of the act of May 11, 1898; will not be allowed 

 except upon a satisfactory showing that the right of way is desired for 

 the primary purpose of irrigation. (Inyo Consolidated Water Co., 37 

 L. D., 79.) 



Whenever in his judgment the granting of a right of way under the 

 act of March 3, 1891, over a national park would interfere with proper 

 occupation of the reservation by the Government, the Secretary of the 

 Interior may withhold his approval therefrom. (Sierra Ditch & 

 Water Co., 38 L. D., 547.) 



There is no authority under the irrigation right of way act of March 



3, 1891, to require the applicant to keep the reservoir or lake open to 

 the public for fishing purposes. (1 Sol. Op., 174.) 



Electric power rights of way. A company organized chiefly for the 

 purpose of generating and distributing power is not within the pur- 

 view of the act of March 3, 1891; and where an application by such a 

 company for right of way under that act has been approved, for lands 

 now within a National Forest, the company may be permitted to 

 relinquish all rights under such approval and amend its application 

 to bring it within the act of February 15, 1901, failing to do which, 

 action should be taken by the Land Department with a view to revo- 

 cation of such approval. (The Kern River Co., 38 L. D., 302.) 



A right of way for the development of electric power could not be 

 acquired under the act of 1866 (Rev. Stat., 2339). Congress did not, in 

 that act, contemplate power companies, because none were then in 

 existence. (The Kern River Co., 38 L. D., 302, 309.) 



Under the act of February 15, 1901, the Secretary of the Interior 

 may, in his discretion, refuse to approve an application until the ap- 

 plicant files a stipulation to comply with "all laws or regulations now 

 in force or which may hereafter be passed or promulgated." (Decision 

 of Secretary of the Interior of Sept. 16, 1912 (unpublished), in case of 

 Central Colorado Power Co.) 



The rights of way granted by section 4 of the Forest Transfer Act are 

 limited to municipal and mining purposes, including the milling and 

 reducing of ores, and an application under it should not be allowed 

 where it appears that the chief purpose for which the right is desired is 

 the generation of power for commercial use and that its utilization for 

 mining operations is merely incidental to such purpose. (Northern 

 California Power Co., 37 L. D., 80.) 



A right of way for a ditch for mining purposes, acquired under the 

 act of July 26, 1866, prior to the creation of a National Forest, can 

 not legally be used to convey water for the exclusive purpose of gen- 

 erating hydroelectric power for commercial sale. (2 Sol. Op.. 728.) 



A right of way for a mining ditch acquired under the act of 1866 prior 

 to the creation of a National Forest is a mere easement, and the lands 

 affected become part of a subsequently created National Forest, sub- 

 ject, however, to the easement for mining purposes. (2 Sol. Op., 728.) 



A power permit may be issued for lands embraced in a mining 

 claim, and ii by a private arrangement with the power company the 

 mineral claimant waives his right of exclusive possession, this depart- 

 ment may collect from the power company the usual charge for the 

 use of such land for power purposes. (2 Sol. Op., 763.) 



The approval of a map of right of way under the act of May 14, 1896, 

 confers merely a permission amounting to a personal license revocable 

 by operation of law through transfer or assignment, or expressly by 

 the Secretary. (2 Sol. Op., 925.) 



There is no authority in the Secretary of Agriculture to grant a 

 power permit affecting National Forest lands withdrawn by the Pres- 

 ident as a power site under the act of June 25, 1910. Applications 

 for such permits may, however, be received for submission to the 

 President. (2 Sol. Op., 817.) 



The act of February 15, 1901, authorizing the granting of revocable 

 power permits, etc., does not extend to Alaska, (2 Sol. Op., 803), but 

 permits for power rights of way may be granted under the act of June 



4, 1897, 30 Stat., 11. (2 Sol. Op., 1032.) 



