CLASSIFICATION IN RELATION TO WATEK EESOUBOES. 175 



water power, and I therefore recommend that the said order of restoration be 

 submitted to the President for appropriate action. The area Involved in this 

 restoration is 85.7 acres. 



Very respectfully, Geo. Otis Smith, 



Director. 



December 3, 1912. 

 Respectfully referred to the President with favorable recommendation. 



Walter L. Fisher, 



Secretary. 



Order of Restoration No. 82. 



Snake River, Idaho. 



So much of the orders of withdrawal made heretofore for the purpose of re- 

 serving water-power sites as affects the lands hereinafter described is hereby 

 revoked. 



And it is further ordered that all of such lands not otherwise reserved or 

 withdrawn are hereby restored to the public domain and shall become subject to 

 settlement and entry under the laws applicable thereto upon such date and 

 after such notice as may be determined upon by the Secretary of the Interior. 



Boise meridian. 



T. 5 S., R. 4 E., sec. 30, lot 6; 



sec. 32, lots 7 and 8. 



Wm. H. Taft, 

 December 3, 1912. President. 



ADVERSE CLAIMS. 



In many cases there is a conflict between the purposes of a power- 

 site reserve and of some other claim to or proposed use of the lands 

 affected. There is at present no satisfactory law under which land 

 withdrawn for power purposes under the acts of June 25, 1910 (36 

 Stat., 847), and August 24, 1912 (37 Stat., 497), can be used for 

 other purposes without jeopardizing the interest of the United States 

 in the power possibilities. Under the acts relating to rights of way 

 title to land by legal subdivisions is not granted and, as described 

 elsewhere (p. 28), the interest of the United States may be preserved. 

 Under the laws relating to agricultural land and mining, however, 

 title to the land embraced in entries or claims passes from the United 

 States and there appears to be no way in which the power estate may 

 be satisfactorily reserved. Kelative priority of reserve and claim, 

 special exceptions, and relative value are the principles that govern 

 in adjudicating the conflict. A power-site withdrawal is of no 

 effect as against bona fide metalliferous mineral claims, without re- 

 gard to priority of initiation. A power-site withdrawal is without 

 effect as against a prior occupant or claimant of oil or gas lands who 

 is diligently prosecuting work leading to discovery, but it becomes 

 immediately effective against such occupant or claimant if diligent 



