252 STATE LAND LAWS 



SEC. 389 CANAL RIGHTS OF WAY. 



of section 387. Such appropriation by or on behalf of the 

 United States shall inure to the United States, and its successors 

 in interest, in the same manner and to the same extent as though 

 said appropriation had been made by a private person, corpora- 

 tion or association. The title to the beds and shores of any 

 navigable lake or stream utilized by the construction of any 

 reservoir or other irrigation works created or constructed as a 

 part of such appropriation hereinbefore in this section provided 

 for, shall vest in the United States to the extent necessary for the 

 maintenance, operation and control of such reservoir or other ir- 

 rigation works. (Laws '05, p. 182, sec. 4; sec. 6411 Rem.- 

 Bal.; 271 sec. 365 Pierce.) 



SEC. 389. RIGHTS OF WAY OVER STATE LANDS. 



When the notice provided for in section 387 shall be given to 

 the Commissioner of Public Lands the proper officers of the 

 United States may file with the said Commissioner a list of lands 

 (including in the term "lands" as here used, the beds and shores 

 of any lake, river, stream, or other waters) owned by the state, 

 over or upon which the United States may require rights of way 

 for canals, ditches or laterals or sites for reservoirs and struc- 

 tures therefor or appurtenant thereto, or such additional rights 

 of way and quantity of land as may be required for the opera- 

 tion and maintenance of tlie completed works for the irrigation 

 project contemplated in such notice, and the filing of such list 

 shall constitute a reservation from the sale or other disposal by 

 the state of such lands so described, which reservation shall, upon 

 the completion of such works and upon the United States by 

 its proper officers filing with the Commissioner of Public Lands 

 of the state a description of such lands by metes and bounds or 

 other definite description, ripen into a grant from the state to 

 the United States. The state, in the disposal of lands granted 

 from the United States to the state, shall reserve for the United 

 States rights of way for ditches, canals, laterals, telephone and 

 transmission lines which may be required by the United States 

 for the construction, operation and maintenance of irrigation 



