52 NATIONAL FOKEST MANUAL LAWS. 



Government the use of the same for postal, military, and other purposes, 

 approved July first, eighteen hundred and sixty-two," approved July 

 second, eighteen hundred and sixty-four. 



Filing of map. SEC. 4. That any railroad company desiring to secure the benefits 



u ns'uVve yTd ^ tn ^ s act shall, within twelve months after the location of any section 



lands. of twenty miles of its road, 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 profile of its road; and upon 



Approval. 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 right of way shall pass shall be disposed of subject to such 



Forfeiture. right of way: Provided, That if any section of said road shall not be 

 completed within five years after the location of said section, the rights 

 herein granted shall be forfeited as to any such uncompleted section 

 of said road. 



Not to apply to SEC. 5. That this act shall not apply to any lands within the limits 

 of any military, park, or Indian reservation, or other lands specially 

 reserved from sale, unless such right of way shall be provided for by 

 treaty stipulation or by act of Congress heretofore passed. 



Amendment SEC. 6. That Congress hereby reserves the right at any time to alter, 

 and repeal. amend, or repeal this act, or any part thereof. 



(This act is made applicable, at least conditionally, to National 

 Forest lands by the act of March 3, 1899, ante, p. 51.) 



Sundry civil appropriation act of August 30, 1890 (26 Stat., 371, on p. 391.). 



Ditches and j n a ii patents for lands hereafter taken up under any of the land laws 

 edTylutZ'Sy^f of the United States- * * * west of the one hundredth meridian, 

 Government. 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. 



RIGHTS OF WAY FOR WATER FOR IRRIGATION AND POWER 

 DEVELOPMENT. 



UNITED STATES REVISED STATUTES. 



Water and g EC . 2339. Whenever, by priority of possession, rights to the use of 

 rights of way for water f or mining^ agricultural, manufacturing or other purposes, have 

 vested and accrued, and the same are recognized and acknowledged 

 by the local customs, laws, and the decisions of courts, the possessors 

 and owners of such vested rights shall be maintained and protected in 

 the same; and the right of way for the construction of ditches and canals 

 for the purposes herein specified is acknowledged and confirmed; but 

 whenever any person, in the construction of any ditch or canal, injures 

 or damages the possession of any settler on the public domain, the party 

 committing such injury or damage shall be liable to the party injured 

 for such injury or damage. 



Patents subject SEC. 2340. All patents granted, or preemption or homesteads al- 

 i rights. j owe( j j sna ii be subject to any vested and accrued water rights, or rights 

 to ditches and reservoirs used in connection with such water rights, 

 as may have been acquired under or recognized by the preceding sec- 

 tion. 



Act of March 3, 1891 (26 Stat., 1095), to repeal the timber-culture laws, and for other 



purposes. 



Irrigation rights g E c. 18. That the right of way through the public lands and reserva- 

 tions of the United States is hereby granted to any canal or ditch com- 

 pany 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 incorpo- 

 ration, 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 

 with* t <5 I ^ terfere of such canal or ditch: Provided, That no such right of way shall be so 

 ment occupation l cate( l as to interfere with the proper occupation by the Government 

 of reserves. of any such reservation, and all maps of location shall be subject to the 



