88 LAWS APPLICABLE TO THE NATIONAL FORESTS. 



been approved by the Secretary of the Interior, and rights initiated 

 subsequent to temporary or permanent withdrawals are subject to 

 such withdrawals. (Id.) 



The title to a railroad right of way acquired over public lands 

 under a grant by Congress can not be acquired against the grantee by 

 limitation; but the right to grant it may be lost by abandonment in 

 case the land ceases to be used for the special purpose for which the 

 grant was made. (Denver & Rio Grande Eailway Co. v. Mills (C. C. 

 A.), 222 Fed., 481.) 



Whether a railroad company has abandoned a right of way ac- 

 quired by it is to a great extent a question of intent, and the intent 

 to abandon may be established by acts of the company clearly indi- 

 cating its purpose not to use such right of way and by long nonuser 

 thereof. (Id.) 



Irrigation rights of way. 



Prior to approval by the Secretary of the Interior, the inchoate 

 right acquired by an application for right of way under the act of 

 March 3, 1891, is subject to the power of Congress to deny the right 

 bv making other disposition of the lands affected. (Sierra Ditch 

 Water Co., 38 L. D., 547.) 



The United States may maintain a suit to enjoin the unauthorized 

 construction of irrigation canals and tunnels within a National 

 Forest reservation. (United States v. Henry lyn Irrigation Co. 

 et al., 205 Fed., 970.) 



Regulations of the Interior Department under the provisions of 

 the act of March 3, 1891 (26 Stat., 1095), governing rights of way 

 upon unsurveyed National Forest lands. (43 L. D., 448.) 



Rights of way for pipe lines may be allowed under the provisions 

 of the act of March 3, 1891 (26 Stat., 1095), as amended by the act 

 of May 11, 1898 (30 Stat., 404) , granting rights of way for reservoirs, 

 canals, and laterals, where the rights sought are to be utilized for 

 the main purpose of irrigation. (Fraser Sources Irrigation & Power 

 Co., 43 L. D., 110.) Overrules Malone Land & Water Co., 41 L. D., 

 138. 



The Secretary of Agriculture is not authorized to require the exe- 

 cution of stipulations which impose a condition upon, or limit, the 

 rights to be acquired by one seeking to secure a grant of irrigation 

 rights of way under the provisions of the act of March 3, 1891 (26 

 Stat., 1095). (Sol. Op. in case E. L. & C. L. Saffel, May 26, 1914.) > 



The approval by the Secretary of Agriculture of an application 

 for a right of way under the acts of March 3, 1891, and May 11, 1898, 

 for a reservoir site within a National Forest does not vest an ease- 

 ment in the applicant, but is merely advisory to the Secretary of the 

 Interior and subject to his paramount jurisdiction under the said 

 acts. (California-Nevada Canal, Water & Power Co., 40 L. D., 380.) 



Approval of applications for rights of way under the act of March 

 3, 1891, as amended by the act of May 11, 1898, for primary purposes 

 of irrigation, are subject to all valid existing rights and upon the 

 express condition that the right of way be used for the main purpose 

 of irrigation ; that any electrical power or energy developed there- 

 under is to be primarily used for the purpose of irrigation ; and any 

 abandonment or violation of such use, o^ neglect to comply with the 

 provisions of the law, will work a forfeiture which will be enforced 



