278 THE USE BOOK. 



warded with your letter, that no charge can be made for water 

 used by persons to whom permits may be granted under the act 

 approved February 15, 1901. Such persons, independently of 

 their permits, would have no right or authority to appropriate 

 the waters within the forest reserves; at all events, for such a 

 purpose as the production of electric power. It is true that the 

 Congress and the courts have recognized a right to appropriate 

 water on the public lands under State laws or local customs, but 

 lands within the forest reserves are not covered by general stat- 

 utes referring to the public lands ; and the right to use water on 

 such reserves can be secured, it would seem, only under the pro- 

 visions of the act approved June 4, 1897, and of other legislation 

 specifically referring to the reserves, unless, perhaps, such rights 

 existed before the particular reserve in question was created. I 

 do not, however, consider it necessary to express a positive opin- 

 ion on this subject, since I understand from your letter that you 

 do not intend to consider the value of the mere use of the water 

 itself in fixing the compensation to be paid as a condition of per- 

 mits for its use. 



I advise you, therefore, in conclusion, that, in my opinion, you 

 have the right to make what you believe to be a reasonable 

 charge, as a condition of issuing permits under the act of Feb- 

 ruary 15, 1901, and that your determination is decisive as to 

 what charge is, or is not, reasonable for such purpose. 

 I remain, sir, yours, very respectfully, 



CHARLES J. BONAPARTE, 



A ttorney-General. 

 SCHOOL LANDS. 



Where a forest reservation includes within its limits a school 

 section surveyed prior to the establishment of the reserva- 

 tion, the State, under the authority of the first proviso to 

 section 2275, Revised Statutes, as amended by the act of 

 February 28, 1891, may be allowed to waive its right to 

 such section and select other land in lieu thereof. The 

 decision herein of December 27, 1894, 19 L. D., 585, recalled 

 and vacated. Instructions of December 19, 1893, 17 L. D., 

 576, modified. (State of California, 28 L. D., 57. [Com- 

 pare Hibberd v. Slack, 84 Fed. Rep., 571.]) 



By the act of June 21, 1898, a grant, in prcesenti, of school lands 

 is made to the Territory of New Mexico ; and under the 

 provisions of section 2275, Revised Statutes, as amended by 

 the act of February 28, 1891, said Territory may relinquish 

 its claim to such school sections as it may be entitled that 

 are included within the limits of a forest reserve, and so- 



