90 LAWS APPLICABLE TO THE NATIONAL FORESTS. 



Forest, subject, however, to the easement for mining purposes. 

 (2 Sol. Op., 728.) 



A power permit may be issued for lands embraced in a mining 

 claim, and if by a private arrangement with the power company the 

 mineral claimant waives his right of exclusive possession, this de- 

 partment may collect from the power company the usual charge for 

 the use of such land for power purposes. (2 Sol. Op., 763.) 



The approval of a map of right of way under the act of May 14, 

 1896, confers merely a permission amounting to a personal license 

 revocable by operation of law through transfer or assignment, or 

 expressly by the Secretary. (2 Sol. Op., 925.) 



There is no authority in the Secretary of Agriculture to grant a 

 power permit affecting National Forest lands withdrawn by the 

 President as a power site under the act of June 25, 1910. Applica- 

 tions for such permits may, however, be received for submission to the 

 President. (2 Sol. Op., 817.) 



The act of February 15, 1901, authorizing the granting of revo- 

 cable power permits, etc., does not extend to Alaska (2 Sol. Op., 803), 

 but permits for power rights of way may be granted under the act of 

 June 4, 1897 (30 Stat., 11). (2 Sol. Op., 1032.) 



No rights are acquired in an easement over public lands, under 

 the provisions of section 2339 of the Revised Statutes, until the 

 claimant has completed the construction of the ditch or reservoir and 

 put the same to the beneficial use intended. (2 Sol. Op., 1036; see 

 also decision of the District Court of the State of Utah, United 

 States v. Utah Light & Railway (Traction) Co., unreported.) 



Under the Constitution of the United States, Article IV, section 

 3, which vests in Congress " power to dispose of and make all needful 

 rules and regulations respecting the territory or other property be- 

 longing to the United States," title or rights in the public lands can 

 not be acquired by a private person or corporation in the exercise 

 of a State sovereignty, but only by virtue of some act of Congress 

 and in accordance with the procedure prescribed. (United States v. 

 Utah Power & Light Co. (C. C. A.), 209 Feci., 554.) 



By the provision of the enabling act and State constitution of Utah 

 forever disclaiming on the part of the people of the State all right 

 and title to the unappropriated public lands lying within the State, 

 and providing that until the title thereto shall have been extinguished 

 by the United States the same shall be and remain subject to the dis- 

 position of the United States, the Government's full right of control 

 over such lands is expressly recognized. (Id.) 



Act of May 14, 1896, chapter 179, section 2, 29 Stat., 120 (U S. 

 Comp. St., 1901, p. 1573), which specifically authorizes the Secretary 

 of the Interior, under rules and regulations to be fixed by him, to 

 grant right of way and the use of ground on the public lands or 

 forest reservations to electric power companies, supersedes, or at least- 

 modifies and limits, as to such companies, the general provisions of 

 the Revised Statutes, section 2339 (U. S. Comp. St., 1901, p. 1437), 

 enacted in 1866, recognizing vested water rights and rights of way 

 for ditches and canals acquired in accordance with local customs and 

 laws, to the extent that since its passage rights in public lands can be 

 acquired by such a company only by a grant from the Secretary. 

 (Id.) 



