274 THE USE BOOK. 



Intimated, that the right to use water on the forest reserves 

 can be secured only under the provisions of the act of June 

 4, 1897 (30 Stat, 35), and of other legislation specifically 

 referring to the reserves, unless such rights existed before 

 the particular reserve in question was created. 

 DEPARTMENT OF JUSTICE, 



Washington, October 5, 1907. 

 The Honorable, The SECRETARY OF AGRICULTURE. 



SIR : I have the honor to acknowledge the receipt of your 

 letter of August 13 last past, requesting an opinion from me in 

 regard to your authority to make a " conservation charge " as 

 a condition for permits to use lands or resources within the 

 limits of the National Forest reserves. The specific questions 

 propounded by you are whether you have authority, in making 

 such charges, to include a reasonable compensation 



1. For the use of the ground occupied by any reservoirs, 

 diverting dams, or power stations, according to their area, 

 without regard to its special value for the particular pur- 

 pose contemplated by the permit. 



2. For the right of way of any canal, flume, pipe, or pole 

 line, according to its length, without regard to its special 

 value for the particular purpose contemplated by the permit. 



3. For " conservation," by which is meant all other ad- 

 vantages, opportunities, resources, or services, furnished by 

 [422] the Government to the permittees, or damage suf- 

 fered by it through the enjoyment of the permit ; or, in 

 other words, the special value of the land occupied by the 

 permittee for the particular purpose contemplated by the 

 permit in excess of its value for general purposes. 



These permits are authorized by the act of February 15, 1901 

 (31 Stats., 790), of which the material portion is as follows: 



The Secretary of the Interior * * * is authorized and 

 empowered, under general regulations to he fixed by him 

 to permit the use of rights of way through the public lands, 

 forests, and other reservations of the United States, and 

 the Yosemite, Sequoia, and General Grant National parks, 

 California, for electrical plants, poles, and lines for the 

 generation and distribution of electrical power, and for 

 telephone and telegraph purposes, and for canals, ditches, 

 pipes and pipe lines, flumes, tunnels, or other water con- 

 duits, and for water plants, dams, and reservoirs used to 

 promote irrigation or mining or quarrying, or the manu- 

 facturing or cutting of timber and lumber, or the supplying 

 of water for domestic, public, or any other beneficial uses 



