StP 
 
 DEPARTMENT OF THE INTERIOR 
 \ GENERAL LAND OFFICE 
 
 REGULATIONS 
 
 CONCERNING 
 
 RIGHT OF WAY OVER PUBLIC 
 LANDS AND RESERVATIONS 
 
 FOR 
 
 CANALS, DITCHES, AND RESERVOIRS 
 
 AND 
 
 USE OF RIGHT OF WAY FOR VARIOUS PURPOSES 
 
 APPROVED JUNE 6, 1908 
 
 (Reprint October, 1915, with amendments of May 7, 1913, November 16, 1912, and 
 
 June 18, 1915.) 
 
 UNIVERSITY OF CALIFORNIA 
 LOS ANGELES 
 
 DEC 7 ',352 
 
 WASHINGTON 
 
 JOVKRNA1EXT PRINTING OFFICE 
 1915 
 
REGULATIONS FOR RIGHTS OF WAY OVER 
 PUBLIC LANDS AND RESERVATIONS. 
 
 CANALS. DITCHES, AND RESERVOIRS. 
 
 1. General statement. Sections 18, 19, 20, and 21 of the act of 
 Congress approved March 3, 1891 (26 Stat., 1095), entitled "An act to 
 repeal timber-culture laws, and for other purposes," grant the right 
 of way through the public lands and reservations of the United States 
 for the use of canals, ditches, or reservoirs heretofore or hereafter con- 
 structed by corporations, individuals, or associations of individuals. 
 If the right of way is upon a reservation not within the jurisdiction 
 of the Interior Department, the application must be filed in accord- 
 ance with these regulations, and will be submitted to the Department 
 having jurisdiction. A map and field notes of the portion within 
 any reservation, except in the case of a national forest, must be sub- 
 mitted in addition to the duplicates required herein. All maps and 
 field notes must conform to the provisions of this circular. 
 
 The sections above noted read as follows: 
 
 SEC. 18. That the right of way through the public lands and reservations of the United 
 States is hereby granted to any canal or ditch company formed for the purpose of irriga- 
 tion, 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 incor- 
 poration 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 of such canal or ditch: Provided, That no such right of way shall be so 
 located as to interfere with the proper occupation by the Government of any such 
 reservation, and all maps of location shall be subject to the approval of the Department 
 of the Government having jurisdiction of such reservation, and the privilege herein 
 granted shall not be construed to interfere with the control of water for irrigation and 
 other purposes under authority of the respective States or Territories. 
 
 SEC. 19. That any canal or ditch company desiring to secure the benefits of this 
 act shall, within twelve months after the location of ten miles of its canal, 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 map of its canal or ditch and reservoir; and upon 
 the 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 rights of way 
 shall pass shall be disposed of subject to such right of way. Whenever any person 
 or corporation, in the construction of any canal, ditch, or reservoir 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. 
 
 SEC. 20. That the provisions of this act shall apply to all canals, ditches, or reser- 
 voirs heretofore or hereafter constructed, whether constructed by corporations, indi- 
 viduals, or association of Individuals, on the filing of the certificates and maps herein 
 provided for. If such ditch, canal, or reservoir has been or shall be constructed by 
 an individual or association of individuals, it shall be sufficient for such individual or 
 
4 EIGHT OF WAY OVER PUBLIC LANDS. 
 
 association of individuals to file with the Secretary of the Interior and with the register 
 of the land office where said land is located a map of the line of such canal, ditch, or 
 reservoir, as in case of a corporation, with the name of the individual owner or owners 
 thereof, together with the articles of association, if any there be. Plats heretofore 
 filed shall have the benefits of this act from the date of their filing, as though filed 
 under it: Provided, That if any section of said canal or ditch shall not be completed 
 within five years after the location of .said section the rights herein granted shall be 
 forfeited as to any uncompleted section of said canal, ditch, or reservoir, to the extent 
 that the same is not completed at the date of the forfeiture. 
 
 SEC. 21. That nothing in this act shall authorize such canal or ditch company to 
 occupy such right of way except for the purpose of said canal or ditch, and then only 
 so far as may be necessary for the construction, maintenance, and care of said canal 
 or ditch. 
 
 2. Material on adjacent lands. The word adjacent, as used in sec- 
 tion 18 of the act, in connection with the right to take material for 
 construction from the public lands, must be construed according to 
 the conditions of each case (28 L. D., 439). The right extends only to 
 construction, and no public timber or material may be taken or used 
 for repair or improvements (14 L. D., 566). These decisions were 
 rendered under the railroad right-of-way act, and are applied to this 
 act since the words are the same in both 
 
 Section 2 of the act approved May 11, 1898 (30 Stat., 404), entitled 
 "An act to amend an act to permit the use of the right of way through 
 public lands for tramroads, canals, and reservoirs, and for other 
 purposes/' authorizes the use of rights of way granted under the act 
 of 1891 for purposes subsidiary to the main purpose of irrigation. 
 The language of said section is as follows: 
 
 SEC. 2. That rights of way for ditches, canals, or reservoirs heretofore or hereafter 
 
 approved under the provisions of sections eighteen, nineteen, twenty, and twenty-one 
 of the act entitled "An act to repeal timber-culture laws, and for other purposes,'' 
 approved March third, eighteen hundred and ninety-one, may be used for purposes 
 01 a public nature; and said rights of way may be used for purposes of water transpor- 
 tation, for domestic purposes, or for the development of power, as subsidiary to the 
 main purpose of irrigation. 
 
 3. Control of water. "While these acts grant rights of way over the 
 public lands necessary to the maintenance and use of ditches, canals, 
 and reservoirs, the control of the flow and use of the water is, so far 
 as this act is concerned, vested in the States or Territories, the juris- 
 diction of the Department of the Interior being limited to the approval 
 of maps carrying the right of way over the public lands. If the right 
 of way applied for under this act in any wise involves the appropria- 
 tion of natural sources of water supply, the damming of rivers, or 
 the use of lakes, the maps should be accompanied by proof that the 
 plans and purposes of the projectors have been regularly submitted 
 and approved in accordance with the local laws or customs govern- 
 ing the use of water in the State or Territory in which such right of 
 way is located. No general rule can be adopted in regard to this 
 matter. Each case must rest upon the showing filed. 
 
 4. Nature of grant. The right granted is not in the nature of a 
 grant of lands, but is a base or qualified fee. The possession and 
 right of use of the lands are given for the purposes contemplated by 
 law, but a reversionary interest remains in the United States, to be 
 conveyed by it to the person to whom the land may be patented, 
 whose rights will be subject to those of the grantee of the right of 
 wav. All persons settling on a tract of public land, to part of which 
 rigfit of way has attached for a canal, ditch, or reservoir, take the 
 land subject to such right of way, and at the total area of the subcli- 
 
RIGHT OF WAY OVER PUBLIC LANDS. 5 
 
 
 
 vision entered, there being no authority to make deduction in such 
 cases. If a settler has a valid claim to land existing at the date of 
 the filing of the map of definite location, his right is superior, and he 
 is entitled to such reasonable measure of damages for right of way 
 as may be determined upon by agreement or in the courts, the ques- 
 tion being one that does not fall within the jurisdiction of this Depart- 
 ment. Section 21 of the act of March 3, 1891, provides that the 
 grant of a right of way for a canal, ditch, or reservoir does not neces- 
 sarily carry with it a right to the use of land 50 feet on each side, but 
 only such land may be used as is necessary for construction, main- 
 tenance, and care of the canal, ditch, or reservoir. The width is not 
 specified. 
 
 5. Right of way through national forests. Whenever a right of 
 way is through a national forest, the applicant must enter into such 
 stipulation and execute such bond as the Forest Service may require 
 for the protection of such national forest. No construction will be 
 allowed in a national forest until an application for right of way 
 has been regularly filed and approved by the Secretary of the Inte- 
 rior, or unless permission for such construction work has been spe- 
 cifically given. 
 
 6. Right of way through proposed national forest. If the right of 
 way is through land within a proposed national forest, the appli- 
 cant must file the following stipulations under seal: 
 
 (a) That the proposed right of way is not so located as to inter- 
 fere with the proper occupation and use of the reservation by the 
 Government. 
 
 (6) That the applicant will cut no timber from the reserve outside 
 the right of way, and will remove no timber from the land within 
 the right of way except such as is rendered necessary for the proper 
 use and enjoyment of the privilege for which application is made. 
 
 (c) That he will remove from the reservation, or destroy, under 
 such safeguards as may be deemed necessary by the General Land 
 Office, all standing, fallen, and dead timber, as well as all tops, lops, 
 brush, and refuse cuttings on the right of way, for such distance on 
 each side of the central line as may be required by the General 
 Land Office to protect the forest from fire. 
 
 (d) That the applicant will furnish free of charge such assistance 
 in men and material for fighting fires as may be spared without 
 serious injury to the applicant's business. 
 
 (e) That should any portion of said right of way be included in a 
 National Forest, the applicant will build new roads, trails, and cross- 
 ings, as required by the Forest Service, in case any roads or trails 
 are destroyed or intercepted by construction work or flooding upon 
 said right of way. 
 
 The applicant will also be required to give bond to be approved 
 by the Commissioner of the General Land Office, stipulating that the 
 United States will be compensated "for any and all damage to the 
 public lands, timber, natural curiosities, or other public property on 
 such reservation, or upon the lands of the United States, by reason 
 of such use and occupation of the reserve, regardless of the cause or 
 circumstances under which such damage may occur." A bond fur- 
 nished by any surety company that has complied with the provisions 
 of the act of August 13, 1894 (28 Stat., 279), will be accepted. The 
 amount of the bond can not be fixed until the application has been 
 
6 EIGHT OF WAY OVER PUBLIC LANDS. 
 
 submitted to the General Land Office, when a form of bond will be 
 furnished and the amount thereof fixed. 
 
 7. Eight of way partly on unsurveyed land. Canals, ditches, or 
 reservoirs lying partly upon unsurveyed land can be approved if the 
 application and accompanying maps and papers conform to these 
 regulations, but the approval will only relate to that portion trav- 
 ersing the surveyed lands. (For right of way wholly on unsurveyed 
 land, see section 17.) 
 
 8. Application by corporation. An incorporated company desiring 
 to obtain the benefits or the law must file the papers and maps speci- 
 fied below with the register of the land district in which the canal, 
 ditch, or reservoir is to be located. These papers and maps will be 
 forwarded to the General Land Office, and, after examination, they 
 will be submitted to the. Secretary of the Interior with recommenda- 
 tion as to their approval: 
 
 (a) 1 A copy of its articles of incorporation, duly certified to by 
 the proper officers of the company under its corporate seal, or by the 
 secretary of the State or Territory where organized. 
 
 (6) A copy of the State or Territorial law under which the com- 
 pany was organized (if it was organized under State or Territorial 
 law), with certificate of the governor or secretary of the State or 
 Territory, under seal, that the same was the law at the date of 
 incorporation. (See paragraph 7c of this section.) 
 
 (c) If the State or Territorial law directs that the articles of incor- 
 poration or other papers connected with the organization be filed 
 with any State or Territorial officer, there must be submitted the 
 certificate of such officer that the same have been filed according to 
 law, and giving the date of the filing thereof. 
 
 (d) When a company is operating in a State or Territory other 
 than that in which it is incorporated, it must submit the certificate 
 of the proper officer of the State or Territory that it has complied 
 with the laws of that State or Territory governing foreign corporations 
 to the extent required to entitle the company to operate in such 
 State or Territory. 
 
 No forms are prescribed for the above portion of the "due proofs " 
 required, as each case must be governed to some extent by the laws 
 of the State or Territory. 
 
 (e) The official statement, by the proper officer, under the seal of 
 the company, that the organization has been completed, that the 
 company is fully authorized to proceed with construction according 
 to the existing law of the State or Territory in which it is incorporated, 
 and that the copy of the articles filed is true and correct. (See Form 
 1,1x25.) 
 
 (/) 1 A true list, signed by the president, under the seal of the com- 
 pany, showing the names and designations of its officers at the date of 
 the filing of the proofs. (See Form 2, p. 25.) 
 
 (gr) A copy of the company's title or right to appropriate the water 
 needed for its canals, ditches, and reservoirs, certified as required by 
 the State or Territorial laws. If the miner's inch is the unit used in 
 such title, its equivalent in cubic feet per second must be stated. If 
 the right to appropriate the water has not been adjudicated under the 
 local laws, a certified copy of the notice of appropriation will be suffi- 
 cient. If the notice of appropriation is accompanied by a map of the 
 canal or reservoir it will not be necessary to furnish a copy of the map 
 
 1 See amendment, p. 24. 
 
EIGHT OF WAY OVER PUBLIC LANDS. 7 
 
 where the notice describes the location sufficiently to identify it with 
 the canal or reservoir for which the right-of-way application is made. 
 If the water-right claim has been transferred a number of times it is not 
 necessary to furnish a copy of each instrument of transfer; an abstract 
 of title will be accepted. 
 
 (h) A copy of the State or Territorial laws governing water rights 
 and irrigation, with the certificate of the governor or secretary of the 
 State or Territory that the same is the existing law. (See paragraph 
 Ic of this section.) 
 
 (i) A separate statement as follows : The amount of water flowing 
 in the stream supplying the canal, ditch, or reservoir, at the point of 
 diversion or damming, during the preceding year or years. For this 
 purpose it will be necessary to give the maximum, minimum, and 
 average flow in cubic feet per second for each month during the period 
 for which records are available. In cases of reservoirs of 5,000 acre- 
 feet capacity, or more, or of ditches of 100 cubic feet per second 
 capacity, or more, the amount of water, in acre-feet, available for 
 storage or diversion, and the amount of water which it is proposed to 
 divert annually from the stream or streams affected, with the period 
 during which the water is to be diverted. The length, cross-section, 
 grade, and capacity of the ditches to be constructed and the character- 
 istics of each ditch as affecting the flow of water. The surveyor or 
 engineer of the applicant must certify to the above, and must certify 
 that all available records (specifying them), official and otherwise, 
 have been consulted. If there is no well-defined flow which can be 
 measured, or if there is no record of the flow, the area of the water- 
 shed, average annual rainfall, and estimated run-off at the point of 
 diversion or damming must be given. 
 
 (?) Maps, field notes, and other papers, as hereinafter required. 
 
 (fc) If certified copies of the existing laws regarding corporations 
 and irrigation, and of new laws as passed from time to time, be for- 
 warded to the General Land Office by the governor or secretary of the 
 State or Territory, the applicant may file, in lieu of the requirements 
 of paragraphs & and 7i or this section, a certificate of the governor or 
 secretary of state, under seal, that no change has been made since a 
 given date, not later than that of the laws last forwarded. l 
 
 9. Application ly individuals. Individuals or associations of indi- 
 viduals making applications for right of way are required to file the 
 information called for in paragraphs g, h, i, and j of the preceding sec- 
 tion. Associations of individuals must, in addition, file their articles 
 of association; if there be none, the fact must be stated over the signa- 
 ture of each member of the association. 
 
 10. Field notes. Field notes of the surveys must be filed in dupli- 
 cate, separate from the map, and in such form that they may be 
 folded for filing. Complete field notes should not be placed on the 
 map, but the following data should be shown thereon: (a) The station 
 numbers where deflections or changes of numbering occur; (&) station 
 numbers with distances to corners at points where the lines of the pub- 
 lic surveys are crossed, and (c) the linos of reference of initial and 
 terminal points, with their courses and distances. Typewritten field 
 notes with clear carbon copies are preferred, as they expedite the 
 examination of applications. The field notes should contain, in addi- 
 tion to the ordinary records of surveys, the data called for in this and 
 in the following sections. They should state which line of the canal 
 
 1 See additional paragraph, p. 24. 
 
8 EIGHT OF WAY OVER PUBLIC LANDS. 
 
 was run whether middle or a specified side line. The stations or 
 courses should be numbered in the field notes and on the map. The 
 record should be so complete that from it the surveys could be accu- 
 rately retraced by a competent surveyor with proper instruments. 
 The field notes should show whether the lines were run on the true or 
 the magnetic bearings, and if run on magnetic bearings the declination 
 of the needle and date of determination must be stated. The kind 
 and size of the instrument used in running the lines and its minimum 
 reading on the horizontal circle should be noted. The line of survey 
 should be that of the actual location of the proposed ditch and, as 
 exactly as possible, the water line of the proposed reservoir. The 
 method of running the grade lines of canals and the water lines of 
 reservoirs must be described. 
 
 11. Maps. The maps filed must be drawn on tracing linen in 
 duplicate, and must be strictly conformable to the field notes of the 
 survey. They must be filed in the land office for the district in which 
 the right of way is located; but if the right of way is located in more 
 than one district, duplicate maps arid field notes need be filed in but 
 one district, and single sets in the others. Other canals, ditches, later- 
 als, or reservoirs with which connections are made must be shown, 
 but distinguished from those for which right of way is desired by ink 
 of a different color. 
 
 The scale of the map should be 2,000 feet to the inch in the case of 
 canals or ditches and 1,000 feet to the inch in the case of reservoirs. 
 The scale may, however, be 1,000 feet to the inch in the case of canals 
 or ditches and 500 feet to the inch in the case of reservoirs when such 
 a scale is absolutely necessary to properly show the proposed works. 
 
 All subdivisions of the public surveys represented on the map should 
 have their entire boundaries drawn, and on all lands affected by the 
 right of way the smallest legal subdivisions (40-acre tracts and lots) 
 must be shown. The section, township, and range must be clearly 
 marked on the map. 
 
 The map must bear a statement of the width of each canal, ditch, 
 or lateral at high-water line. If not of uniform width, the limits of 
 the deviations must be clearly defined on the map. The field notes 
 should record the changes in such a manner as to admit of exact loca- 
 tion on the ground. In the case of a pipe line, the diameter of the pipe 
 should be stated. The map must show the source of water supply. 
 
 In applications for right of way for a reservoir, the capacity of the 
 reservoir must be stated on the map in acre-feet (i. e., the number of 
 acres that will be covered to a depth of 1 foot by the water that the 
 reservoir will hold; 1 acre-foot is 43,560 cubic feet). The map must 
 show the source of water supply for the reserv- ir and the location and 
 height of the dam. 
 
 12. Initial and terminal points. The termini of a canal, ditch, or 
 lateral should be fixed by reference of course and distance to the 
 nearest existing corner of the public survey. The initial point of the 
 survey of a reservoir should be fixed by reference of course and dis- 
 tance to the nearest existing corner outside the reservoir by a line that 
 does not cross an area that will be covered with water when the res- 
 ervoir is in use. The map, field notes, engineer's affidavit, and appli- 
 cant's certificate (Forms 3 and 4) should each show these connections. 
 
 13. Connections on unsurveyed land. When either terminal of a 
 canal, ditch, or lateral is upon unsurveyed land, it must be connected 
 
BIGHT OF WAY OVER PUBLIC LANDS. 9 
 
 by traverse with an established corner of the public survey, if not 
 more than 6 miles distant, and the single bearing and distance from 
 the terminal point to the corner "must be computed and noted on the 
 map, in the engineer's affidavit, and in the applicant's certificate 
 (Forms 3 and 4). The notes and all data for the computation of the 
 traverse must be given in the field notes. 
 
 14. Connections with, monuments on unsurveyed land. When an es- 
 tablished corner of the public survey is more than 6 miles distant this 
 connection will be made with a natural object or a permanent monu- 
 ment which can be readily found and recognized and which will fix 
 and perpetuate the position of the terminal point. The map must 
 show the position of such mark and must give the course and distance 
 to the terminus. The field notes must give an accurate description of 
 the mark and full data of the traverse as required above. The engi- 
 neer's affidavit and applicant's certificate (Forms 3 and 4) must state 
 the connections. These monuments are of great importance. 
 
 15. Forms for canal, etc., on unsurveyed land. When a canal, ditch, 
 or lateral lies partly on unsurveyed land, each portion lying within 
 surveyed and unsurveyed land will be separately described in the field 
 notes and in Forms 3 and 4 by connections of termini, length, and width, 
 as though each portion were independent. (See sees. 12, 13, and 14.) 
 
 16. Forms for reservoir on unsurveyed land. When a reservoir lies 
 partly on unsurveyed land its initial point must be noted, as required 
 for the termini of ditches in section 12. The reference line must not 
 cross an area that will be covered with water when the reservoir is in 
 use. The areas of the several parts lying on surveyed and unsurveyed 
 land must be separately noted on the map, in the field notes, and in 
 Forms 3 and 4. 
 
 17. Right of way wholly on unsurveyed land. Maps showing canals, 
 ditches, or reservoirs wholly upon unsurveyed lands may be received 
 and placed on file in the General Land Office and the local land office 
 of the district in which the land is located, for general information. 
 The date of filing will be noted thereon; but the maps will not be sub- 
 mitted to nor approved by the Secretary of the Interior, as the act 
 makes no provision for the approval of any but maps showing the loca- 
 tion in connection with the public surveys. The filing of such maps 
 will not dispense with the filing of maps after the survey of the lands 
 and within the time specified by the act granting the right of way. If 
 these maps are in all respects regular when filed, they will receive the 
 Secretary's approval. In filing such maps the initial and terminal 
 points will be fixed as indicated in sections 13 and 14. 
 
 18. Connections with public survey corners. Whenever the line of 
 survey crosses a township or section line of the public survey, the dis- 
 tance to the nearest existing corner should be ascertained and noted. 
 In the case of a reservoir the distance must not be measured across an 
 area which will be covered with water when the reservoir is in use. 
 The map of the canal, ditch, or reservoir must show these distances, 
 and the field notes must give the points of intersection and the dis- 
 tances. When corners are destroyed by the canal or reservoir, pro- 
 ceed as directed in sections 19 and 20. 
 
 19. Witness monuments for destroyed public survey corners. When- 
 ever a corner of the public survey will be covered by earth or water, or 
 otherwise rendered useless, marked monuments (one on each side of 
 destroyed corner) must be set on each township or section line passing 
 
 13328 15 2 
 
10 RIGHT OF WAY OVER PUBLIC LANDS. 
 
 through, or one on each line terminating at, said corner. These 
 monuments must comply with the requirements for witness corners 
 of the Manual of Surveying Instructions issued by the General Land 
 Office, and must be at such distance from the works as to be safe from 
 interference during the construction and operation of the same. If 
 two or more consecutive corners on the same line are destroyed, the 
 monument shall be set as required in the Manual for the nearest corner 
 on that line to be covered. 
 
 20. Method of establishing witness monuments. The line on which 
 such monument is set will be determined by running a random line 
 from the corner to be destroyed to the first existing corner on the line 
 to be marked by the monument, a temporary mark being set on the 
 random line at the distance of the proposed monument. If the random 
 line strikes the corner run to, the monument will be established at the 
 place marked ; if the random line passes to one side of the corner, the 
 north and south or east and west distance to it will be measured and 
 the true course calculated. The proper correction of the temporary 
 mark will then be computed and a permanent monument set in the 
 proper place. The field notes for the surveys establishing the monu- 
 ments must be in duplicate and separate from those of the canal or 
 reservoir, and must be certified by the surveyor under oath. They 
 must comply with the form of field notes prescribed in the Manual of 
 Surveying Instructions issued by the General Land Office. 
 
 When application is made for a canal or reservoir which is con- 
 structed and in operation, the method to be adopted in setting the 
 monuments must be governed by the special features of each case and 
 left to the judgment of the surveyor. No field notes will be accepted 
 unless the lines on which the monuments are set conform to the lines 
 shown by the field notes of the survey as made originally under the 
 direction of this office, and unless the notes are in such form that the 
 computation can be verified and the lines retraced on the ground. 
 
 21. Affidavit and certificate required. The engineer's affidavit and 
 applicant's certificate must both designate by termini (as in sections 
 12 to 17, inclusive) and length each canal, ditch, or lateral, and by 
 initial point and area each reservoir shown on a map, for which right 
 of way is asked. This affidavit and this certificate (changed where 
 necessary when an application is made by an individual or association 
 of individuals) must be written on the map in duplicate. Applicants 
 under the act of March 3, 1891, must include in the certificate (Form 
 4) the statement: "And I further certify that the right of way herein 
 described is desired for the main purpose of irrigation." (See Forms 
 3 and 4, pages 25 and 26.) No changes or additions are allowable in 
 the substance of these forms, except when the facts differ from those 
 assumed therein. 
 
 22. Notation on maps and records. When maps are filed, the register 
 will note on each the name of the land office and the date of filing 
 over his written signature. Notations will also be made on the 
 records of the local land office, as to each unpatented tract affected, 
 that application for right of way for a canal (or reservoir) is pending, 
 giving date of filing and name of applicant. The register will certify 
 on each map, over his written signature, that unpatented land is 
 affected by the proposed right of way. The maps and field notes in 
 duplicate, and any other papers filed in connection with the applica- 
 
EIGHT OF WAY OVER PUBLIC LANDS. 11 
 
 tion, will then be promptly transmitted to the General Land Office 
 with report that the required notations have been made on the records 
 of the local land office. Any valid right existing at the date of the 
 filing of the right of way application will not be affected by the filing or 
 approval thereof. (See sec. 4.) If no unpatented land is involved 
 in the application, the local officers will reject it, allowing the usual 
 right of appeal. 
 
 Upon the approval of a map of location by the Secretary of the 
 Interior, the duplicate copy will be sent to the local officers, who will 
 mark upon the township plats the lines of the canals, ditches, or reser- 
 voirs, as laid down on the map. They will also note the approval in 
 ink, on the tract books, opposite each tract marked as required above 
 and report to the General Land Office that notations have been made 
 and the applicant notified of approval. 
 
 23. Evidence of construction. When the canal, ditch, or reservoir is 
 constructed, an affidavit of the engineer and certificate of the appli- 
 cant (Forms 5 and 6) must be filed in the local office, in duplicate, for 
 transmission to the General Land Office. No new map will be re- 
 quired, unless there are deviations from the right of way previously 
 approved, either before or after construction, when there must be filed 
 new maps and field notes in full, as herein provided, bearing proper 
 forms, changed to agree with the facts in the case. The map must 
 show clearly the portions amended or bear a statement describing 
 them, and the location must be described in the forms as the amended 
 survey and the amended definite location. In such cases the applicant 
 must file a relinquishment, under seal, of all rights under the former 
 approval as to the portions amended, said relinquishment to take 
 effect when the map of amended definite location is approved by the 
 Secretary of the Interior. If the canal or reservoir has been con- 
 structed on the location originally approved, and is to be used until 
 the canal or reservoir on the amended location is ready for use, the 
 relinquishment may be made to take effect upon the completion of the 
 canal or reservior on the amended location. 
 
 24. Right of way on segregated reservoir sites. The act approved 
 February 26, 1897 (29 Stat., 599), entitled "An act to provide for the 
 use and occupation of reservoir sites reserved," permits the approval 
 of applications under the above act of 1891 for right of way upon res- 
 ervoir sites reserved under authority of the acts of October 2, 1888 
 (25 Stat., 505, 526), and August 30, 1890 (26 Stat., 371, 391): The 
 text of the act is as follows : 
 
 Be it enacted by the Senate and House of Representatives of the United States of America 
 in Congress assembled, That all reservoir sites reserved or to be reserved shall be open 
 to use and occupation under the right-of-way act of March third, eighteen hundred and 
 ninety-one. And any State is hereby authorized to improve and occupy such reservoir 
 sites to the same extent as an individual or private corporation, under such rules and 
 regulations as the Secretary of the Interior may prescribe : Provided, That the charges 
 for water coming in whole or part from reservoir sites used or occupied under the 
 provisions of this act shall always be subject to the control and regulation of the respec- 
 tive States and Territories in which such reservoirs are in whole or part situate. 
 
 When an application is made under this act a reference to it should 
 be added to Forms 4 and 6. In other respects the application should 
 be prepared according to the preceding regulations. 
 
12 EIGHT OF WAY OVER PUBLIC LANDS. 
 
 OIL PIPE LINES IN COLORADO AND WYOMING. 
 
 25. Requirements. The act approved May 21, 1896 (29 Stat., 127), 
 entitled "An act to grant right of way over the public domain for pipe 
 lines in the States of Colorado and Wyoming," is similar in its require- 
 ments to the right-of-way act of March 3, 1891, and the preceding 
 regulations furnish full information as to the preparation of the maps 
 and papers. Applicants will be governed thereby so far as they are 
 applicable. 
 
 The text of the act is as follows: 
 
 Be it enacted by the Senate and House of Representatives of the United States of America 
 in Congress assembled, That the right of way through the public lands of the United 
 States situate in the State of Colorado and in the State of Wyoming outside of the boun- 
 dary lines of the Yellowstone National Park is hereby granted to any pipe-line com- 
 pany or corporation formed for the purpose of transporting oils, crude or refined, which 
 shall have filed or may hereafter file with the Secretary of the Interior a copy of its arti- 
 cles of incorporation, and due proofs of its organization under the same, to the extent of 
 the ground occupied by said pipe line and twenty-five feet on each side of the center of 
 line of the same- also the right to take from the public lands adjacent to the line of said 
 pipe line material, earth, and stone necessary for the construction of said pipe line. 
 
 SEC. 2. That any company or corporation desiring to secure the benefits of this act 
 shall within twelve months after the location of ten miles of the pipe line if the same be 
 upon surveyed lands; and if the same be 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 map of its line, and upon the 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 dis- 
 posed of subject to such right of way. 
 
 SEC. 3. That if any section of said pipe line shall not be completed within five years 
 after the location of said section the right herein granted shall be forfeited, as to any 
 incomplete section of said pipe line, to the extent that the same is not completed at 
 the date of the forfeiture. 
 
 SEC. 4. That nothing in this act shall authorize the use of such right of way except 
 for the pipe line, and then only so far as may be necessary for its construction, mainte- 
 nance, and care. 
 
 RESERVOIRS FOR WATERING STOCK. 
 
 26. General provisions. The act approved January 13, 1897 (29 
 Stat., 484), entitled "An act providing for the location and purchase 
 of public lands for reservoir sites," is as follows: 
 
 Be it enacted by the Senate and House of Representatives of the United States of America 
 in Congress assembled, That any person, live-stock company, or transportation corpo- 
 ration engaged in breeding, grazing, driving, or transporting live stock may construct 
 reservoirs upon unoccupied public lands of the United States, not mineral or otherwise 
 reserved, for the purpose of furnishing water to such live stock, and shall have control 
 of such reservoir, under regulations prescribed by the Secretary of the Interior, and the 
 lands upon which the same is constructed, not exceeding one hundred and sixty acres, 
 so long as such reservoir is maintained and water kept therein for such purposes : Pro- 
 vided, That such reservoir shall not be fenced and shall be open to the free use of any 
 person desiring to water animals of any kind. 
 
 SEC. 2. That any person, live-stock company, or corporation desiring to avail them- 
 selves of the provisions of this act shall file a declaratory statement in the United States 
 land office in the district where the land is situated, which statement shall describe the 
 land where such reservoir is to be or has been constructed; shall state what business 
 such corporation is engaged in; specify the capacity of the reservoir in gallons, and 
 whether such company, person, or corporation has filed upon other reservoir sites 
 within the same county; and if so, how many. 
 
 SEC. 3. That at any time after the completion of such reservoir or reservoirs which, 
 if not completed at the date of the passage of this act, shall be constructed and com- 
 pleted within two years after filing such declaratory statement, such person, company, 
 or corporation shall have the same accurately surveyed, as hereinalter provided, and 
 shall iile in the United States land office in the district in which such reservoir is 
 located a map or plat showing the location of such reservoir, which map or plat shall be 
 
EIGHT OF WAY OVER PUBLIC LANDS. 13 
 
 transmitted by the register and receiver of said United States land office to the Secre- 
 tary of the Interior and approved by him, and thereafter such land shall be reserved 
 from sale by the Secretary of the Interior so long as such reservoir is kept in repair and 
 water kept therein. 
 SEC. 4. That Congress may at any time amend, alter, or repeal this act. 
 
 27. No lands sold. Although the title indicates that lands are to be 
 sold for reservoir sites, the act does not provide for the sale of any 
 lands, and therefore no lands can be sold under its provisions. The 
 act, however, directs the Secretary of the Interior to reserve the lands 
 from sale after the approval of trie map showing the location of the 
 reservoir. Homestead entries are allowed for lands embraced in res- 
 ervoir declaratory statements, prior to the completion of the reservoir 
 and the approval of the map, subject, however, to cancellation if the 
 reservoir is completed within the time specified by the act. 
 
 28. Declaratory statement. Any person, live-stock company, or 
 transportation corporation engaged in breeding, grazing, driving, or 
 transporting live stock, desiring to obtain the benefits of the act must 
 file a declaratory statement in the United States land office in the dis- 
 trict in which tne land is located. 
 
 29. Application by corporation. When the applicant is a corpora- 
 tion there should be filed a copy of its articles of incorporation and 
 proofs of its organization, as required in section 8, paragraphs a, 6, c, 
 d, e, f, and Jc of these regulations. If these papers are filed with the 
 first declaratory statement made by the company, a reference thereto 
 by its number will be sufficient in any subsequent application by the 
 company. 
 
 The declaratory statement must be made under oath and should be 
 drawn in accordance with Form 9 (page 27), and must contain the 
 following: 
 
 (a) The post-office address of the applicant; the name of the 
 county in which the reservoir is to be or nas been constructed ; the 
 description by the smallest legal subdivision (40-acre tracts or lots) of 
 the land sought to be reserved which under no circumstances must 
 exceed 160 acres; certificate that the land is not occupied or other- 
 wise claimed; certificate that to the best of the applicant's knowl- 
 edge and belief the land is not mineral or otherwise reserved; state- 
 ment of the business of the applicant, which statement shall include 
 full and minute information concerning the extent to which he is 
 engaged in breeding, grazing, driving, or transporting live stock, the 
 number and kinds of such stock, the place where they are being bred 
 or grazed, whether within an inclosure or upon uninclosed lands, and 
 also the points from which and to which they are being driven or 
 transported; description of the land owned or claimed by the appli- 
 cant in the vicinity of the proposed reservoir and statement of its 
 amount; certificate that no part of the land sought to be reserved is or 
 will be fenced, that all the land will be kept open to the free use of any 
 person desiring to water animals of any kind; and that the lands so 
 sought to be reserved are not, by reason of their proximity to other 
 lands reserved for reservoirs, excluded from reservation by the regula- 
 tions and rulings of the Land Department. 
 
 (6) The location of the reservoir described by the smallest legal sub- 
 divisions (40-acre tracts or lots), its area in acres, its capacity in gal- 
 lons, the source from which water is to be obtained for such reservoir, 
 whether there are any streams or springs within 2 miles of the land 
 sought to be reserved; and if so, where, 
 
14 EIGHT OF WAY OVER PUBLIC LANDS. 
 
 (c) The numbers, locations, and areas of all other reservoir sites 
 filed upon by the applicant, especially designating those in the county 
 in which the proposed reservoir is located. 
 
 30. Action by the Land Department on declaratory statements, and 
 size, location, and number of reservoir sites. When such declaratory 
 statement is filed, the date of filing will be noted thereon over the sig- 
 nature of the officer receiving it, and the statements will be numbered 
 according to order of June 1, 1908. The register will make the usual 
 notations on the records, in pencil, under the designation of "Reser- 
 voir declaratory statement, No. ," adding the date of the act. For 
 the filing of such reservoir declaratory statement the local officers will 
 be authorized to charge the usual fees. (Sec. 2238, U. S. Rev. Stat.) 
 The local officers will forward the declaratory statement with the 
 regular monthly returns, with abstracts, in the usual manner. In act- 
 ing upon these statements the following general rules will be applied : 
 
 (a) 1 No reservation will be made for a reservoir of less than 250,000 
 gallons capacity, and for a reservoir of less than 500,000 gallons capac- 
 ity not more than 40 acres can be reserved. For a reservoir of 
 500,000 gallons and less than 1,000,000 gallons capacity not more 
 than 80 acres can be reserved. For a reservoir of 1,000,000 gallons 
 and less than 1,500,000 gallons capacity not more than 120 acres can 
 be reserved. For a reservoir of 1,500,000 gallons capacity or more 
 160 acres may be reserved. 
 
 (5) Not more than 160 acres shall be reserved for this purpose in 
 any section. 
 
 (c) Not more than 160 acres shall be reserved for this purpose in one 
 group of tracts adjoining or cornering upon each other. 
 
 (a) A distance of one-half mile must be left between any two 
 groups of tracts which aggregate more than 160 acres. 
 
 (e) The local officers will reject any reservoir declaratory statement 
 not in conformity with these rules. 
 
 (f) Lands so reserved shall not be fenced, but shall be kept open to 
 the free use of any person desiring to water animals of any kind. If 
 lands so reserved are at any time fenced or otherwise inclosed, or if 
 they are not kept open to the free use of any person desiring to water 
 animals of any kind, or if the reservoir applicant attempts to use them 
 for any other purpose, or if the reservation is not obtained for the bona 
 fide and exclusive purpose of constructing and maintaining a reservoir 
 thereon according to law, the declaratory statement, upon any such 
 matter being made to appear, will be canceled and all rights there- 
 under be declared at an end. 
 
 (g) Notwithstanding the action of the local officers in accepting 
 any such declaratory statement, the Commissioner of the General 
 Land Office will reject the same if upon considering the matters set 
 forth therein it appears that the declaratory statement is not filed in 
 good faith for the sole purpose of accomplishing what the law author- 
 izes to be done. 
 
 31. Construction. The reservoir must be completed and con- 
 structed within two years after the filing of the declaratory statement; 
 otherwise the declaratory statement will be subject to cancellation. 
 
 32. Map and field notes of constructed reservoir. After the con- 
 struction and completion of the reservoir the applicant shall have the 
 same accurately surveyed and mapped, in accordance with the 
 instructions of sections 10 to 22, inclusive, so far as they are appli- 
 
 1 Set' amendment, p. 25. 
 
RIGHT OF WAY OVER PUBLIC LANDS. 15 
 
 cable. The map and field notes, which are not to be prepared in 
 duplicate, must be filed in the proper local office. The map must bear 
 Forms 10 and 11 (p. 29), and the field notes must be sworn to by the 
 surveyor. 
 
 33. Notations by local land officers. When the map, field notes, and 
 other papers have been filed in the local office, the date of filing will be 
 noted thereon and the proper notations will be made on the local office 
 records, as in the case of the declaratory statement. Local officers 
 will then promptly forward the maps and papers to the General Land 
 Office. 
 
 34. Approval. The map and papers will be examined in the 
 General Land Office to determine whether they comply with the 
 law and the regulations, and whether the amount of land desired is 
 warranted by the showing made in the application. If found satis- 
 factory they will be submitted to the Secretary of the Interior, and 
 upon approval the lands shown to be necessary for the proper use 
 and enjoyment of the reservoir will be reserved from other disposi- 
 tion so long as the reservoir is maintained and water kept therein 
 for the purposes named in the act. Upon the receipt or notice of 
 such reservation from the General Land Office the local officers will 
 make the proper notations on their records and report the making 
 thereof promptly to the General Land Office. 
 
 35. Annual proof of maintenance. In order that this reservation 
 shall be continued it is necessary that the reservoir "shall be kept in 
 repair and water kept therein." For this reason the owner of the 
 reservoir will be required during the month of January of each year 
 to file in the local office an affidavit to the effect that the reservoir 
 has been kept in repair and water kept therein during the preceding 
 year, and that all the provisions of the act have been complied with. 
 Form 12 (p. 29) will be used for this affidavit. Upon failure to file 
 such affidavit steps will be taken looking to the revocation of the 
 reservation of the lands. 
 
 36. Reservoir on unsurveyed land. If the reservoir is located on 
 unsurveyed land, the declaratory statement may be filed, the lands 
 being described as closely as practicable. 
 
 The widely different conditions to be considered in the operations 
 proposed by the applicants make it impossible to formulate regula- 
 tions that will furnish the data necessary in all cases. Additional 
 information will be called for whenever necessary for the proper con- 
 sideration of any particular case. 
 
 TELEGRAPH AND TELEPHONE LINES, ELECTRICAL PLANTS, 
 CANALS, AND RESERVOIRS. 
 
 37. General statement. The act of February 15, 1901 (31 Stat., 
 790), entitled "An act relating to rights of way through certain 
 parks, reservations, and other public lands," is as follows: 
 
 Be it enacted by the Senate and House of Representatives of the United States of America 
 in Congress assembled, That the Secretary of the Interior be, and hereby is, authorized 
 and empowered, under general regulations to be fixed by him, to permit the use of 
 rights of way through the public lands, forest and other reservations of the United 
 States, and the Yosemite, Sequoia, and General Grant national parks, California, for 
 electrical plants, poles, and lines for the generation and distribution of electrical 
 power, and for telephone and telegraph purposes, and for canals, ditches, pipes and 
 
16 RIGHT OF WAY OVER PUBLIC LANDS. 
 
 pipe lines, flumes, tunnels, or other water conduits, and for water plants, dams, and 
 reservoirs used to promote irrigation or mining or quarrying, or the manufacturing or 
 cutting of timber or lumber, or the supplying of water for domestic, public, or any other 
 beneficial uses to the extent of the ground occupied by such canals, ditches, flumes, 
 tunnels, reservoirs, or other water conduits or water plants, or electrical or other works 
 permitted hereunder, and not to exceed fifty feet on each side of the marginal limits 
 thereof, or not to exceed fifty feet on each side of the center line of such pipes and pipe 
 lines, electrical, telegraph, and telephone lines and poles, by any citizen, association, or 
 corporation of the United States, where it is intended by such to exercise the use per- 
 mitted hereunder or any one or more of the purposes herein named: Provided, lhat 
 such permits shall be allowed within or through any of said parks or any forest, military, 
 Indian, or other reservation only upon the approval of the chief officer of the Depart- 
 ment under whose supervision sucn park or reservation falls and upon a finding by 
 him that the same is not incompatible with the public interest: Provided further, That 
 all permits given hereunder for telegraph and telephone purposes shall be subject to 
 the provision of title sixty-five of the Revised Statutes of the United States, and 
 amendments thereto, regulating rights of way for telegraph companies over the public 
 domain: And provided further, That any permission given by the Secretary of the 
 Interior under the provisions of this act may be revoked by him or his successor in his 
 discretion, and shall not be held to confer any right, or easement, or interest in, to, 
 or over any public land, reservation, or park. 
 
 This act, in general terms, authorizes the Secretary of the Interior, 
 under regulations to be fixed by him, to grant permission to use rights 
 of way through the public lands, forest and other reservations of the 
 United States, and the Yosemite, Sequoia, and General Grant national 
 parks in California, for every purpose contemplated by acts of January 
 21, 1895 (28 Stat., 635), May 14, 1896 (29 Stat., 120), and section 1 
 of the act of May 11, 1898 (30 Stat., 404), and for other purposes 
 additional thereto, except for tramroads, the provisions relating to tram- 
 roads, contained in the act of 1895 and in section 1 of the act of 1898, 
 aforesaid remaining unmodified and not being in any manner extended. 
 
 Although this act does not expressly repeal any provision of law 
 relating to the granting of permission to use rights of way contained 
 in the acts referred to, yet in view of the general scope and purpose 
 of the act, and of the fact that Congress has, with the exception above 
 noted, embodied therein the main features of the former acts relative 
 to the granting of a mere permission or license for such use, it is 
 evident that, for purposes of administration, the later act should 
 control in so far as it pertains to the granting of permission to use 
 rights of way for purposes therein specified. Accordingly all applica- 
 tions for permission to use rights of way for the purposes specified 
 in this act must be submitted thereunder. Where, however, it is 
 sought to acquire a right of way for the main purpose of irrigation, 
 as contemplated by sections 18 to 21 of the act of March 3, 1891 
 (26 Stat., 1095), and section 2 of the act of May 11, 1898, supra, the 
 application must be submitted in accordance with the regulations 
 issued under said acts. (See pp. 4 to 14, inclusive.) 
 
 Application for permission to use the desired right of way through 
 the public lands and parks designated in the act must be filed and 
 permission must be granted, as herein provided, before any rights 
 can be claimed thereunder. 
 
 38. Nature of grant. 1 it is to be specially noted that this act does 
 not make a grant in the nature of an easement, but authorizes a mere 
 permission in the nature of a license, revocable at any time, and it gives 
 no right whatever to take from the public lands, reservations, or 
 parks, adjacent to the right of way, any material, earth, or stone for 
 construction or other purpose. 
 
 1 See amendment, p. 23. 
 
BIGHT OF WAY OVER PUBLIC LANDS. 17 
 
 . 39. Applications for riglit of way through national forests. By sec- 
 tion 1 of the act of February 1, 1905 (33 Stat., 628), it is provided: 
 
 That the Secretary of the Department of Agriculture shall, from and after the passage 
 of this act, execute or cause to be executed all laws affecting public lands heretofore or 
 hereafter reserved under the provisions of section twenty-four of the act entitled "An 
 act to repeal the timber-culture laws, and for other purposes," approved March third, 
 eighteen hundred and ninety-one, and acts supplemental to and amendatory thereof, 
 after such lands have been so reserved, excepting such laws as affect the surveying, 
 prospecting, locating, appropriating, entering, relinquishing, reconveying, certifying, 
 or patenting of any such lands. 
 
 Under this provision it has been determined that the Department 
 of Agriculture is invested with jurisdiction to pass upon all applica- 
 tions under any law of the United States providing for the granting 
 of a permission to occupy and use lands in a national forest, provided 
 this occupation or use is temporary, and will in no wise affect the fee 
 or cloud the title of the United States should the reserve be discon- 
 tinued. 
 
 Therefore, when it is desired to obtain permission to use a right 
 of way over public lands wholly within a national forest, an applica- 
 tion should be prepared in accordance with the instructions issued 
 by the Department of Agriculture, and the same filed with the officer 
 in charge of such national forest. 
 
 In case the application involves rights and privileges upon public 
 lands partly within and partly without a national forest, separate 
 applications must be prepared, and the one affecting lands within the 
 national forest filed with the forest officer and the other filed in the 
 local land office. 
 
 40. Applications for right of way through land outside of national 
 forests. Where permission to use a right of way over lands wholly 
 outside of national forests is desired, the application must be prepared 
 and filed in accordance with sections. 4 to 22, inclusive, appropriate 
 changes being made in the prescribed forms so as to specify and relate 
 to the act under which the application is made. 
 
 An affidavit by the applicant that he is a citizen of the United 
 States must accompany the application. If the applicant is an asso- 
 ciation of citizens, each member must make affidavit of citizenship, 
 and a complete list of the members must be given in an affidavit by 
 one of them. If he is not a native-born citizen he must file the 
 usual proofs of naturalization. The applicant must also set forth in 
 the affidavit the purposes for which the right of way is to be used, and 
 must show that he in good faith intends to utilize the same for such 
 purposes. 
 
 41. Buildings to be platted on map in main drawing and in separate 
 drawing. When application is made for right of way for electrical or 
 water plants, the location and extent of ground proposed to be occu- 
 pied by buildings or other structures necessary to be used in connec- 
 tion therewith must be clearly designated on the map and described 
 in the field notes and forms (7 and 8, p. 27) by reference to course 
 and distance from a corner of the public survey. In addition to 
 being shown in connection with the main drawing, the buildings or 
 other structures must be platted on the map in a separate drawing on 
 a scale sufficiently large to show clearly their dimensions and relative 
 
 Eositions. When two or more of such proposed structures are to be 
 >cated near each other, it will be sufficient to give the reference to a 
 corner of the public survey for one of them, provided all the others are 
 
18 EIGHT OF WAY OVER PUBLIC LANDS. 
 
 connected therewith by course and distance -shown on the map. The 
 applicant must also file an affidavit setting forth the dimensions and 
 proposed use of each of the structures, and must show definitely that 
 each one is necessary for a proper use of the right of way for the 
 purposes contemplated in the act. 
 
 42. Unsurveyed lands. Permission may be given under this act 
 (February 15, 1901) for rights of way upon unsurveyed lands, maps 
 to be prepared in accordance with the requirements of this circular. 
 
 43. National paries. 1 - Whenever a right of way is through any of 
 the national parks designated in the act, the applicant must show to 
 the satisfaction of the Department that the location and use of the 
 right of way for the purposes contemplated will not interfere with the 
 uses and purposes for which the park was originally dedicated, and 
 will not result in damage or injury to the natural conditions of prop- 
 erty or scenery^ existing therein. When the right of way is through 
 any of the national parks designated in the act, the applicant must 
 file the stipulations and bond required by section 6, but, in case of a 
 telephone line, substitute the following: "That upon completion 
 of the telephone lines they shall be subject to the free use of the park 
 officers for all purposes incident to the administration of the park/' 
 for stipulation (e) under said section 6. 
 
 Whenever right of way within a park is desired for operations in 
 connection with mining, quarrying, cutting timber, or manufacturing 
 lumber, a satisfactory showing must be made of the applicant's right 
 to engage in such operations within the park. If the application and 
 the showing made in support thereof is satisfactory, the Secretary 
 of the Interior will give the required permission in such form as may 
 be deemed proper, according to the features of each case; and it is to 
 be expressly understood, in accordance with the final proviso of the 
 act, that any permission given thereunder may be modified or revoked 
 by the Secretary or his successor, in his discretion, at any time, and 
 shall not be held to confer any right, easement, or interest in, to, or 
 over any public land or park. The final disposal by the United 
 States of any tract traversed by the permitted right of way is of 
 itself, without further act on the part of the Department, a revoca- 
 tion of the permission so far as it affects that tract; and any per- 
 mission granted hereunder is also subject to such further and future 
 regulations as may be adopted by the Department. 
 
 44. Indian reservations. Applications for right of way under this 
 act, all of which is located upon land within an Indian reserva- 
 tion, must be filed with the Commissioner of Indian Affairs. Appli- 
 cations for right of way affecting lands within and without Indian 
 reservations must be filed in the local land office for forwarding to 
 the Commissioner of the General Land Office. Before such applica- 
 tions are transmitted to the Department they will be submitted by 
 the Commissioner of the General Land Office to the Commissioner of 
 Indian Affairs for such action and recommendation as that officer 
 may deem proper in so far as the same pertains to such Indian reser- 
 vation. Applicants will be required to furnish, in triplicate, so 
 much of the map and field notes as relate to that portion of the right 
 of way within an Indian reservation; and if the application is subse- 
 quently granted, one copy of such portion of the map and field notes 
 as pertains to such reservation will be placed on file in the Indian 
 Office. In this connection, attention is directed to the provisions of 
 
 1 See amendmeni , p. 23. 
 
RIGHT OF WAY OVER PUBLIC LANDS. 19 
 
 section 3 of the act of March 3, 1901 (31 Stat., 1083), which author- 
 izes the granting of permanent rights of way, in the nature of ease- 
 ments, for telegraph and telephone purposes only, through Indian 
 reservations and other Indian lands, upon payment of proper com- 
 pensation for the benefit of the Indians interested therein. The 
 provisions of the act of March 3, 1901, and the nature and character 
 of the rights authorized to be secured thereunder differ materially 
 from the provisions of the act on which these regulations are based 
 and the rights authorized to be conferred thereunder. Applicants, 
 therefore, desiring to secure permanent rights of way through Indian 
 reservations or other Indian lands for telegraph and telephone pur- 
 poses will be required to submit their applications therefor under the 
 act of March 3, 1901, supra, in accordance with the then current regu- 
 lations issued thereunder. (For existing regulations under said act, 
 see regulations approved March 26, 1901.) 
 
 45. Notations and procedure. Upon the filing of an application 
 under this act, the register will note the same in pencil on the tract 
 books, opposite the tracts traversed, giving date of filing and name of 
 applicant, and also indorse on each map, over his written signature, 
 the date of filing. If it appears that no portion of the public lands or 
 parks designated in the act would be affected by the approval of such 
 maps, they will be returned to the applicant with notice of that fact. 
 If vacant public land or lands in any park so designated are affected by 
 the proposed right of way, the register will so certify on the map and 
 duplicate over his signature, and will promptly transmit the same to 
 the General Land Office with report that the required notations have 
 been made. 
 
 When permission to use the right of way applied for is given by the 
 Secretary of the Interior, a copy of the original map will be sent to the 
 local officers, who will mark upon the township plats the line of the 
 right of way and will note in pencil, opposite each tract of public land 
 affected, that such permission has been given, the date thereof, and a 
 reference to the act. 
 
 TRAMROADS. 
 
 46. Rights of ways for tramroads. The Secretary of the Interior is 
 authorized to permit the use of rights of \yay for tramroads through 
 the public lands of the United States, not within the limits of any park, 
 national forest, or military or Indian reservation under the provisions 
 of the act of Congress of January 21, 1895 (28 Stat., 635), as amended 
 by section 1 of the act of May 11, 1898 (30_Stat., 404). The act of 
 January 21, 1895, entitled "An act to permit the use of the right of 
 way through the public lands for tramroads, canals, and reservoirs, 
 and for other purposes," is as follows: 
 
 Be it enacted by the Senate ami House of Representatives of the United States of America 
 in Congress assembled, That the Secretary of the Interior be, and hereby is, authorized 
 and empowered, under general regulations to be fixed by him, to permit the use of the 
 right of way through the public lands of the United States, not within the limits of any 
 park, forest, military, or Indian reservation, for tramroads, canals, or reservoirs to the 
 extent of the ground occupied by the water of the canals and reservoirs and fifty feet on 
 each side of the marginal limits thereof; or fifty feet on each side of the center line of the 
 tramroad, by any citizen or any association of citizens of the United States engaged in 
 the business of mining or quarrying or of cutting timber and manufacturing lumber. 
 
'20 BIGHT OF WAY OVER PUBLIC LANDS. 
 
 This act was amended by section 1 of the act of May 11, 1898, supra, 
 as follows : 
 
 Be it enacted by the Senate and House of Representatives of tlie United States of America 
 in Congress assembled, That the act entitled "An act to permit the use of the right of 
 way through the public lands for tramroads, canals, and reservoirs, and for other pur- 
 poses," approved January twenty-first, eighteen hundred and ninety-five, be, and the 
 same is hereby, amended by adding thereto the following: 
 
 "That the Secretary of the Interior be, and hereby is, authorized and empowered, 
 under general regulations to be fixed by him, to permit the use of right of way upon the 
 public lands of the United States, not within limits of any park, forest, military, or 
 Indian reservations, for tramways, canals, or reservoirs, to the extent of the ground 
 occupied by the water of the canals and reservoirs, and fifty feet on each side of the mar- 
 ginal limits thereof, or fifty feet on each side of the center line of the tramroad, by any 
 citizen or association of citizens of the United States, for the purposes of furnishing 
 water for domestic, public, and other beneficial uses." 
 
 Applications for permission to use rights of way for tramroads should 
 be prepared and filed in accordance with the regulations hereinbefore 
 prescribed relative to presentation of applications for rights of way 
 under the act of February 15, 1901, and the then current regulations 
 issued under the general railroad right-of-way act of March 3, 1875 
 (for existing regulations under the latter act see 32 L. D., 481), the 
 prescribed forms in such regulations being so modified as to specify 
 and relate to the acts under which the application is made. It is to be 
 specially noted that the acts relating to tramroads do not authorize 
 the granting of permission to use rights of way for such purpose within 
 the limits or any park, national forest, or military or Indian reservation, 
 and it is to be further noted that permission to use rights of way for 
 tramroads over public lands, when granted, only confers a right in the 
 nature of a license and is subject to all the conditions and limitations 
 hereinbefore stated in section 43 of these regulations. 
 
 RIGHT OF WAY THROUGH NATIONAL FORESTS FOR DAMS, 
 RESERVOIRS, WATER PLANTS, DITCHES, FLUMES, PIPES, 
 TUNNELS, AND CANALS FOR MUNICIPAL OR MINING PUR- 
 POSES. 
 
 47. General statement. Section 4, of the act of Congress approved 
 February 1, 1905 (33 Stat., 628), reads as follows: 
 
 SEC. 4. That rights of way for the constructon and maintenance of dams, reservoirs, 
 water plants, ditches, flumes, pipes, tunnels, and canals, within and across the forest 
 reserves of the United States, are hereby granted to citizens and corporations of the 
 United States for municipal or mining purposes, and for the purposes of the milling and 
 reduction of ores, during the period of their beneficial use, under such rules and regula- 
 tions as may be prescribed by the Secretary of the Interior, and subject to the laws of 
 the State or Territory in which said reserves are respectively situated. 
 
 This act grants rights of way through national forests to citizens and 
 corporations of the United States for the objects therein specified, dur- 
 ing the period of their beneficial use, under rules and regulations to be 
 prescribed by the Secretary of the Interior, and subject to the laws of 
 the State or Territory in which said forests are situated. 
 
 All applications for the right of way for the purposes set forth in 
 said act must be submitted in accordance herewith. 
 
 No construction will be allowed in national forests until an applica- 
 tion for right of way has been regularly filed in accordance with these 
 regulations and has been approved by the Secretary of the Interior, 
 or unless permission has been specifically given. 
 
BIGHT OF WAY OVER PUBLIC LANDS. 21 
 
 48. Nature of grant. The right granted is not in the nature of a 
 grant of lands, but is a base or qualified fee, giving the possession and 
 right of use of the land for the purposes contemplated by the act, 
 during the period of the beneficial use. When the use ceases the 
 right terminates, and thereupon proper steps will be taken to revoke 
 the grant. 
 
 No right, whatever, is given to take any material, earth, or stone 
 for construction or other purposes, nor is any right given to use any 
 land outside of what is actually necessary for the construction and 
 maintenance of the works. 
 
 49. Preparation of applications. Applications for right of way 
 under this act should be made in the form of a map and field notes, 
 in duplicate, and must be filed in the local land office for the district 
 in which the land traversed by the right of way is situated ; if the land 
 is in more than one district, duplicate maps and field notes need be 
 filed in only one district and single sets in the others. The maps, 
 field notes, evidence of water rights, etc., and, when the applicant is a 
 corporation, the articles of incorporation and proofs of organization 
 must be prepared and filed in accordance with sections 7 to 21, inclusive, 
 appropriate changes being made in the prescribed forms so as to 
 specify and relate to the act under which the application is made. 
 
 An affidavit by the applicant that he is a citizen of the United 
 States must accompany the application. If the applicant is an asso- 
 ciation of citizens, each member must make affidavit of citizenship, 
 and a complete list of the members must be given in an affidavit of 
 one of them. A copy of their articles of association must also be 
 furnished, or if there be none, the fact must be stated over the signa- 
 ture of each member of the association. 
 
 If the applicant is not a native-born citizen, he must file the usual 
 proof of naturalization. The applicant must set forth in the affidavit 
 the purposes for which the right of way is desired. 
 
 50. Water-plant structures. When application is made for right of 
 way for water plants, the location and extent of ground proposed to 
 be occupied by buildings, or other structures necessary to be used in 
 connection therewith, must be clearly designated on the map and 
 described in the field notes and forms (7 and 8, p. 27) by reference to 
 course and distance from a corner of the public survey. In addition 
 to being shown in connection with the main drawing, the buildings or 
 other structures must be platted on the map in a separate drawing on 
 a scale sufficiently large to show clearly their dimensions and relative 
 positions. When two or more of such structures are to be located 
 near each other, it will be sufficient to give the reference to a corner 
 of the public survey for one of them, provided all others are connected 
 therewith by course and distance shown on the map. 
 
 The applicant must also file an affidavit setting forth the dimensions 
 and proposed use of each of the structures, and must show definitely 
 that each is necessary to a proper enjoyment of the right of way 
 granted by the act. 
 
 51. Stipulation and bond. The applicant must enter into such stip- 
 ulation and execute such bond as the Forest Service may require for 
 the protection of the national forest. 
 
 52. Notation &?/ register. Upon the filing of an application under 
 this act, the register will note the same in pencil on the tract books, 
 
22 EIGHT OF WAY OVER PUBLIC LANDS. 
 
 opposite the tracts traversed, giving date of filing and name of appli- 
 cant, and also indorse on each map over his written signature the 
 name of the land office and the date of filing. 
 
 If it appears that no portion of the public lands in a national forest 
 would be affected by the approval of such maps, they will be returned 
 to the applicant with notice of that fact. If unpatented lands are 
 affected by the proposed right of way, the register will so certify on 
 the map and duplicate, over his signature, and will promptly transmit 
 the same to the General Land Office, with report that the required 
 notations have been made. 
 
 Upon the approval of a map of location by the Secretary of the 
 Interior, the duplicate copy will be sent to the local officers, who will 
 mark upon the township plats the lines of the right of way as laid 
 down on the map. They will also note the approval in ink on the 
 tract books, opposite each legal subdivision affected, with a reference 
 to the act mentioned on the map. 
 
 53. Right of waij through unsurveyed land. Maps showing reser- 
 voirs, canals, water plants, etc., wholly upon unsurveyed lands will be 
 received and placed on file in the General Land Office and the local 
 land office of the district in which the same is located, for general 
 information, and the date of filing will be noted thereon. 
 
 FRED DENNETT, 
 
 Commissioner. 
 
 Approved June 6, 1908. 
 
 FRANK PIERCE, 
 
 Acting Secretary. 
 
ADDENDA. 
 
 DEPARTMENT OF THE INTERIOR, 
 
 Washington, May 7, 1912. 
 The COMMISSIONER OF THE GENERAL LAND OFFICE : 
 
 SIR: In the matter of the regulations approved June 6, 1908, con- 
 cerning rights of way over public lands and reservations for canals, 
 ditches, and reservoirs, and the use of a right of way for various pur- 
 poses, I have to direct that modifications be made of paragraphs 38 
 and 43 thereof. As modified, these paragraphs will read as follows: 
 
 " 38. Nature of grant. It is to be specially noted that this act does 
 not make a grant in the nature of an easement but authorizes a mere 
 permit in the nature of a license, which permit may be revoked by 
 the Secretary, or his successor, at any time in his discretion. Further, 
 it gives no right whatever to take from public lands, reservations, or 
 parks adjacent to the right of way any materials, earth or stone, for 
 construction or other purposes. 
 
 "43. National parks. Whenever a right of way is through any of 
 the national parks designated in the act, the applicant must show 
 to the satisfaction of the department that the location and use of the 
 right of way for the purposes contemplated will not interfere with 
 the uses and purposes for which the park was originally dedicated, 
 and will not result in damage or injury to the natural conditions of 
 property or scenery existing therein. The applicant must also file 
 the stipulations and bond required by section 6, but, in case of a 
 telephone line, substitute the following: 'That upon completion of 
 the telephone lines they shall be subject to the free use of the park 
 officers for all purposes incident to the administration of the park,' 
 for stipulation (e) under said section 6. 
 
 " Whenever right of way within a park is desired for operations in 
 connection with mining, quarrying, cutting timber, or manufacturing 
 lumber, a satisfactory snowing must be made of the applicant's right 
 to engage in such operations within the park. If the application 
 and the showing made in support thereof is satisfactory, the Secretary 
 of the Interior will give the required permission in such form as may 
 be deemed proper, according to the features of each case ; and any 
 permission granted hereunder is also subject to such further and 
 future regulations as may bo adopted by the department." 
 
 You will see that these changes are made in an appropriate way 
 in circulars hereafter distributed under this act. 
 Very respectfully, 
 
 SAMUEL ADAMS, 
 First Assistant Secretary. 
 
 23 
 
24 EIGHT OF WAY OVER PUBLIC LANDS. 
 
 DEPARTMENT OF THE INTERIOR, 
 
 Washington, July 10, 1912. 
 The COMMISSIONER OF THE GENERAL LAND OFFICE: 
 
 SIR : In order to comply with the requirements of the Director of 
 the United States Geological Survey in the matter of applications 
 for rights of way submitted to him for consideration and report with 
 respect to the power possibilities of the land involved, 1 have to 
 direct that modification of paragraphs a and f, section 8 of circular 
 of June 6, 1908, be made as follows: 
 
 "(a) A copy of its articles of incorporation, duly certified to by 
 the proper officers of the company under its corporate seal, or by the 
 secretary of the State or Territory where organized; also an uncerti- 
 fied copy of the articles of incorporation." 
 
 "(f) A true list, in duplicate, signed by the president, under the 
 seal of the company, showing the names and designations of its offi- 
 cers at the date of the filing of the proofs." 
 
 You will see that these changes are made in circulars hereafter 
 distributed under this act. 
 Very respectfully, 
 
 SAMUEL ADAMS, 
 First Assistant Secretary. 
 
 DEPARTMENT OF THE INTERIOR, 
 
 Washington, October 8, 1912. 
 The COMMISSIONER OF THE GENERAL LAND OFFICE : 
 
 SIR: Section 8, circular of June 6, 1908, governing applications for 
 rights of way over public lands and reservations of the United States 
 for canals, ditches, reservoirs, etc., is hereby modified so as to add 
 thereto the following paragraph : 
 
 "(1) A separate statement, describing as near as may reasonably 
 be done, bylegal subdivisions, if practicable, the land to be irrigated 
 by the proposed project; the approximate acreage and general con- 
 dition and character of the lands; their ownership generally, and 
 whether public or private; such negotiations or arrangements as have 
 been had between the applicant and the owners or occupants of the 
 lands." 
 
 You will see that this addition is made in circulars hereafter dis- 
 tributed under said acts. 
 Very respectfully, 
 
 SAMUEL ADAMS, 
 Acting Secretary. 
 
RIGHT OF WAY OVER PUBLIC LANDS. 25 
 
 DEPARTMENT OF THE INTERIOR, 
 
 June 18, 1915. 
 The COMMISSIONER OF THE GENERAL LAND OFFICE. 
 
 SIR: Paragraph a, section 30, circular of June 6, 1908 (36 L. D., 
 567), is modified to read as follows: 
 
 " (a) No reservation will be made for a reservoir of less than 250,000 
 gallons capacity, and for a reservoir of less than 500,000 gallons 
 capacity not more than 40 acres can be reserved. For a reservoir of 
 1,000,000 gallons capacity not more than 80 acres can be reserved. 
 For a reservoir of 1,000,000 gallons and less than 1,500,000 gallons 
 capacity not more than 120 acres can be reserved. For a reservoir 
 of 1,500,000 gallons capacity or more 160 acres may be reserved. In 
 the case where the water is furnished the live stock by artificial means, 
 such as by windmill, pump, tanks, troughs, etc., the regulations requir- 
 ing a minimum capacity of 250,000 gallons may be waived, upon the 
 claimant's submitting a satisfactory showing that by such artificial 
 means he will be able to furnish sufficient water and provide proper 
 troughs, etc., to properly accommodate all cattle likely to "water at 
 the place in question." 
 
 Bo SWEENEY, 
 Assistant Secretary. 
 
FORMS FOR "DUE PROOFS" AND VERIFICATION OF MAPS OF 
 RIGHT OF WAY FOR CANALS, DITCHES, AND RESERVOIRS. 
 
 FORM 1. 
 
 I, , secretary (or president) of the Company, do hereby 
 
 certify that the organization of said company has been completed ; that the company 
 is fully authorized to proceed with construction, according to the existing laws of the 
 State (or Territory) of , and that the copy of the articles of association (or incor- 
 poration) of the company filed in the Department of the Interior is a true and correct 
 copy of the same. 
 
 In witness whereof I have hereunto set my name and the corporate seal of the com- 
 pany this day of , in the year 19 . 
 
 [Seal of company.] , 
 
 of the Company. 
 
 FORM 2. 
 
 I, , do certify that I am the president of the Company, 
 
 and that the following is a true list of the officers of the said company, with the full 
 name and official designation of each, to wit: (Here insert the full name and official 
 designation of each officer.) 
 
 In witness whereof I have hereunto set my name and the corporate seal of the 
 company this day of , in the year 19. 
 
 [Seal of company.] , 
 
 President of the Company. 
 
 FORM 3. 
 STATE OF , 
 
 County of , ss: 
 
 , bieng duly sworn, says he is the chief engineer of (or the person 
 employed to make the survey by) the Company; that the survey of 
 
 said company's (canals, ditches, and reservoirs), described as follows: (Here describe 
 each canal, ditch, lateral, and reservoir for which right of way is asked, as required by 
 section 21, being a total length of canals, ditches, and laterals of miles, and 
 a total area of reservoirs of acres), was made by him (or under his direction) 
 as chief engineer of the company (or as surveyor employed by the company) and 
 under its authority, commenced on the day of , 19 , and ending on 
 the day of , 19 , [and that the survey of the said (canal, ditches, 
 laterals, and reservoirs) accurately represents (a proper grade line for the flow of 
 water, and accurately represents a level line, which is the proposed water line of the 
 said reservoir)], and that such survey is accurately represented upon this map and 
 by the accompanying field notes. [And no lake or lake bed, stream or stream bed, 
 is used for the said (canals, ditches, laterals, and reservoirs) except as shown on this 
 map.] 
 
 Sworn and subscribed to before me this day of , 19 . 
 
 [SEAL.] 
 
 Notary Public. 
 
 This clause to be omitted in applications for telephone and telegraph lines. 
 2(3 
 
EIGHT OF WAY OVER PUBLIC LANDS. 27 
 
 FORM 4. 
 
 I, , do hereby certify that I am president of the Com- 
 pany; that , who subscribed the accompanying affidavit, is the chief 
 engineer of (or was employed to make the survey by) the said company; that the 
 survey of the said (canals, ditches, laterals, and reservoirs), as accurately represented 
 on this map and by the accompanying field notes, was made under authority of the 
 company; that the company is duly authorized by its articles of incorporation to 
 construct the said (canals, ditches, laterals, and reservoirs) upon the location shown 
 upon this map; that the said (canals, ditches, laterals, and reservoirs), as represented 
 on this map and by said field notes, was adopted by the company, by resolution of its 
 
 board of directors, on the day of , 19 , as the definite location of the 
 
 said (canals, ditches, laterals, and reservoirs) described as follows (describe as in 
 Form 3) [and that no lake or lake bed, stream or stream bed, is used for the said 
 (canals, ditches, laterals, and reservoirs) except as shown on this map]; and that the 
 map has been prepared to be filed for the approval of the Secretary of the Interior, 
 in order that the company may obtain the benefits of 6 (sections 18 to 21, inclusive, 
 of the act of Congress approved March 3, 1891, entitled "An act to repeal timber- 
 culture laws, and for other purposes," and section 2 of the act approved May 11, 1898); 
 and I further certify that the right of way herein described is desired for the main 
 purpose of irrigation. c 
 
 Attest: , 
 
 President of the Company, 
 
 [Seal of company.] , 
 
 Secretary. 
 
 FORM 5. 
 STATE OF , 
 
 County of 
 
 being duly sworn, says that he is the chief engineer of (or was em- 
 ployed to construct) the (canals, ditches, laterals, and reservoirs) of the Com- 
 pany; that said (canals, ditches, laterals, and reservoirs) have been constructed under 
 his supervision, as follows: (Describe as required in section 21) a total length of con- 
 structed (canals, ditches, and laterals) of miles, and a total area of constructed 
 
 reservoirs of acres; that construction was commenced on the day of 
 
 , 19 , and completed on the day of , 19 ; that the constructed 
 (canals, ditches, laterals, and reservoirs), as aforesaid, conform to the map and field 
 
 notes which received the approval of the Secretary of the Interior on the day 
 
 of , 19. 
 
 Sworn and subscribed to before me this day of , 19 . 
 
 [SEAL.] 
 
 Notary Public. 
 
 FORM 6. 
 
 I, , do certify that I am the president of the company; that 
 
 the (canals, ditches, laterals, and reservoirs) described as follows (describe as in Form 
 5) were actually constructed as set forth in the accompanying affidavit of , 
 chief engineer (or the person employed by the company in the premises), and on the 
 exact location represented on the map and by the field notes approved by the Sec- 
 retary of the Interior, on the day of , 19 ; and that the company has in 
 
 all things complied with the requirements of the act of Congress & (March 3, 1891, grant- 
 
 a This clause to be omitted in applications for telephone and telegraph lines. 
 
 b Here insert the description of the act of Congress under which the application is 
 made when filed under some other act than that of 1891 and 1898. 
 
 c Or, where filed under other acts than that of 1891 and 1898, state the purposes for 
 which right of way is applied for. 
 
 d Here insert the description of the act of Congress under which the application is 
 made when filed under some other act than that of 1891. 
 
28 RIGHT OF WAY OVEE PUBLIC LANDS. 
 
 ing right of way for canals, ditches, and reservoirs through the public lands of the 
 United States). 
 
 President of the Company. 
 [Seal of company.] 
 Attest: 
 
 Secretary. 
 
 STATE op 
 
 FORM 7. 
 [Under act February 15, 1901.] 
 
 County of 
 
 , being duly sworn, says he is the chief engineer of (or the person 
 employed by) the company, under whose supervision the survey was made of 
 the grounds selected by the company for structures for electrical purposes under the 
 act of Congress approved February 15, 1901, said grounds (here describe as required 
 by sections 41 and 50); that the accompanying drawing correctly represents the 
 locations of the said structures; and that in his belief the structures represented are 
 actually and to their entire extent required for the necessary uses contemplated by 
 the said act of February 15, 1901 (31 Stat., 790). 
 
 Chief Engineer. 
 
 Subscribed and sworn to before me this day of , 19 . 
 
 [SEAL.] , 
 
 Notary Public. 
 
 FORM 8. 
 [Under act of February 15, 1901.] 
 
 I, , do hereby certify that I am the president of the company; 
 
 that the survey of the structures represented on the accompanying drawing was made 
 under authority and by direction of the company, and under the supervision of , 
 its chief engineer (or the person employed in the premises), whose affidavit precedes 
 this certificate; that the survey as represented on the accompanying drawing actually 
 represents the structures required (here describe as required by sections 41 and 50) 
 for electrical purposes, under the act of Congress approved February 15. 1901; and 
 
 that the company, by resolution of its board of directors, passed on the day of 
 
 , 19 , directed the proper officers to present the said drawing for the approval 
 of the Secretary of the Interior in order that the company may obtain the use of the 
 grounds required for said structures, under the provisions of said act approved Feb- 
 ruary 15, 1901 (31 Stat., 790). 
 
 President of the Company. 
 [Seal of the company.] 
 Attest: 
 
 Secretary. 
 
 FORM 9. 
 
 Reserroir declaratory statement. 
 [Under act of Jan. 13. 1897 (29 Stat., 484).] 
 
 RES. D. S.I LAND OFFICE AT , 
 
 No. . / , 19 
 
 I, , of , do hereby certify that I am president of the 
 
 and on behalf of said company, and under its authority, do hereby apply for the reserva- 
 tion of land in County, State of , for the construction and use of a reser- 
 voir for furnishing water for live stock under the provisions of the act of January 13, 
 1897 (29 Stat., 484). The location of said reservoir and of the land necessary for its 
 use, is as follows: of section in township , of range M., contain- 
 ing acres. 
 
RIGHT OF WAY OVER PUBLIC LANDS. 29 
 
 I hereby certify that to the best of my knowledge and belief the said land is not 
 occupied or otherwise claimed, is not mineral or otherwise reserved, and that the 
 said reservoir is to be used in connection with the business of the applicant of 
 
 The land owned or claimed by the applicant within the vicinity of the said reservoir 
 (within three miles) is as follows: . 
 
 I further certify that no part of the land to be reserved under this application is or 
 will be fenced ; that the same shall be kept open to the free use of any person desiring 
 to water animals of any kind; that the land will not be used for any purpose except 
 the watering of stock, and that the land is not, by reason of its proximity to other lands 
 reserved for reservoirs, excluded from reservation by the regulations and rulings of 
 the Land Department. 
 
 The water of said reservoir will coyer an area of acres, in of section 
 
 in township , of range of said lands; the capacity of the reservoir will be 
 
 gallons, and the dam will be feet high. The source of the water for said reservoir 
 
 and there are no streams or springs within two miles of the land to be reserved except 
 as follows: - . 
 
 The applicant has filed no other declaratory statements under this act except as 
 follows: 
 
 No. land office, area to be reserved acres. 
 
 No. 
 No. 
 No. 
 No. 
 No. 
 No. 
 No. 
 No. 
 No. 
 
 land office, area to be reserved acres. 
 
 land office, area to be reserved acres. 
 
 land office, area to be reserved acres. 
 
 land office, area to be reserved acres. 
 
 land office, area to be reserved acres. 
 
 land office, area to be reserved acres. 
 
 land office, area to be reserved acres. 
 
 land office, area to be reserved acres. 
 
 land office, area to be reserved acres. 
 
 Total, acres,,of which Nos. are located in said county. 
 
 And I further certify that it is the bonafide purpose and intention of this applicant 
 to construct and complete said reservoir and maintain the same in accordance with 
 the provisions of said act of Congress and such regulations as are or may be prescribed 
 thereunder. 
 
 [Seal of company.] . 
 
 Attest: 
 
 Secretary. 
 
 STATE OF 
 
 County of 
 
 , being duly sworn, deposes and says that the statements herein made 
 
 are true to the best of his knowledge and belief. 
 
 Sworn to and subscribed before me this day of . in the year 19 . 
 
 [SEAL.] , 
 
 Notary Public. 
 
 NOTE. When the applicant is a corporation the form should be executed by its presi- 
 dent, under its seal, and attested by its secretary. When the applicant is not a cor- 
 poration or an association of individuals, strike out the words in italics. 
 
 LAND OFFICE AT 
 
 -, 19. 
 
 I, , register of the land office, do hereby certify that the foregoing appli- 
 cation is for the reservation of lands subject thereto under the provisions of the act of 
 January 13, 1897; that there is no prior valid adverse right to the* same; and that the 
 land is not, by reason of its proximity to other lands reserved for reservoirs, excluded 
 from reservation by the regulations and rulings of the Land Department. 
 
 Fees, $ paid. 
 
 Register. 
 
30 EIGHT OF WAY OVER PUBLIC LANDS. 
 
 The description of the business of the applicant shoxild include "a full and minute 
 statement of the extent to which he is engaged in breeding, grazing, driving, or trans- 
 porting live stock, giving the number and kinds of such stock, the place where they are 
 being bred or grazed, and whether within an inclosure or upon uninclosed lands, and 
 also from where and to where they are being driven or transported." Circular June 23, 
 1899. 
 
 FORM 10. 
 
 STATE OP , 
 
 County of 
 
 -, being duly sworn, says that he is the person who was employed to 
 
 make the survey of a reservoir covering an area of acres, the initial point of the 
 
 survey being (here describe as required by section 21); said reservoir having 
 
 been constructed upon the quarter of the quarter of section , township 
 
 , range , principal meridian, as proposed by reservoir declaratory state- 
 ment No. , which was filed in the local land office at , under the provisions 
 
 of the act of January 13, 1897 (29 Stat., 484); that the said survey was made on the 
 day of , 19 ; that the dam and all necessary works have been constructed in a 
 
 substantial manner; that the reservoir has a capacity of gallons, and at the time 
 
 of said survey contained gallons of water. 
 
 Sworn and subscribed to before me this day of , 19 . 
 
 [SEAL.] 
 
 FORM 31. 
 I, , do certify that I am the president of the 
 
 Notary Public. 
 
 ipany which filed 
 No. , in the 
 
 (or that I am the person who filed) reservoir declaratory statement 
 
 local land office at ; that the reservoir proposed has been constructed upon the 
 
 quarter of the quarter of section , township , range , prin- 
 cipal meridian, covering an area of acres, the initial point of the survey being 
 (describe as in Form 10); that the dam and all necessary works have been con- 
 structed in a substantial manner in good faith in order that the reservoir may be used 
 and maintained for the purposes, and in the manner prescribed by the said act of Janu- 
 ary 13, 1897 (29 Stat., 484), the provisions of which have been and will be complied 
 with in all respects. 
 
 [Seal of company.] , 
 
 President of the Company. 
 
 Attest: 
 
 Secretary. 
 
 FORM 12. 
 
 STATE OF , 
 
 County of - , ss: 
 
 -, being duly sworn, deposes and says that he is the president of the 
 
 company which filed (or that he is the person who filed) reservoir declaratory 
 
 statement No. , in the local land office at ; that the reservoir constructed in 
 
 pursuance thereof, as heretofore certified, has been kept in repair; that water has been 
 kept therein to the extent of not lese than gallons during the entire calendar year 
 of 19 ; that neither the reservoir nor any part of the land reserved for use in connec- 
 tion therewith is or has been fenced during said years, and that the said company has in 
 all things complied with the provisions of the act of January 13, 1897 (29 Stat. , 484). 
 
 President of Company. 
 
 Sworn and subscribed to before me this day of , 19 . 
 
 [SEAL.] , 
 
 Notary Public. 
 
 o