28 CLASSIFICATION OP THE PUBLIC LANDS. 



rights of way across Indian reservations, and by the act of March 

 3, 1899 (30 Stat., 1233), the Secretary of the Interior was authorized 

 to approve rights of way for wagon road, railroad, or other highway 

 across any forest reservation or reservoir site when in his judgment 

 the public interest would not be injuriously affected thereby. 



Irrigation.— Bj act of March 3, 1891 (.26 Stat., 1095), Congress 

 granted to canal and ditch companies formed for the purpose of 

 irrigation the right of way for canals, ditches, and reservoirs to the 

 extent of the ground occupied and 50 feet on each side of the mar- 

 ginal limits thereof, across public lands and reservations, provided 

 that no such right of way shaU be so located as to interfere with the 

 proper occupation by the Government of any such reservation and 

 that all maps of location shall be subject to the approval of the 

 department of the Government having jurisdiction over such reserva- 

 tion. Upon the approval by the Secretary of the Interior of the 

 location map the right of way is noted on the plats in the General 

 and local land offices and thereafter all public land over which the 

 right of way passes is disposed of subject to such right of way. By 

 act of May 11, 1898 (30 Stat., 404), the use which may be made of 

 the canals, ditches, and reservoirs for which right of way is secured 

 under the act of 1891 was extended to include purposes of a public 

 nature, water transportation, domestic purposes, and the develop- 

 ment of power, as subsidiary to the main purpose of irrigation. The 

 act of February 15, 1901 (31 Stat, 790), which provides for the 

 issuance of revocable permits for the development of power, covers 

 also canals, ditches, pipes and pipe lines, flumes, tunnels, or other 

 water conduits and water plants, dams, and reservoirs used to pro- 

 mote irrigation. 



Power. — Power development on the public lands and reservations 

 can at this time (February, 1913) be accomplished only under the 

 act of February 15, 1901 (31 Stat., 790), except that power develop- 

 ment subsidiary to the main purpose of irrigation may be made 

 under the irrigation acts and that power development on national for- 

 ests for mining, milling, and municipal purposes may be made under 

 the act of February 1, 1905 (33 Stat., 628). The act of February 15, 

 1901, authorizes the Secretary of the Interior to issue revocable per- 

 mits, under general regulations to be fixed by him, for rights of way 

 for electrical plants, poles, and lines for the generation and distri- 

 bution of electrical power to the extent of the ground occupied by 

 the works and not to exceed 50 feet on each side of the marginal 

 limits thereof. The law provides that permits issued under this act 

 shall not be held to confer any right, easement, or interest in, to, or 

 over any public land, reservation, or park. The act of March 4, 1911 

 (36 Stat., 1253), authorizes the head of the department having 

 jurisdiction over the lands to grant rights of way for a period not 



