REGULATIONS 
 
 CONCERNING 
 
 St-P 
 
 [IGHT OF f AY FOR CANALS, DlTClES, AND RESERVOIRS, 
 
 PERMISSION TO USE RIGHT OF WAY FOR TELEGRAPH 
 
 AND TELEPHONE LINES, ELECTRICAL PLANTS, 
 
 CANALS, RESERVOIRS, TRAMROADS, ETC, 
 
 OVER THE 
 
 PUBLIC LANDS AND RESERVATIONS. 
 
 FOR IRRIGATION Under sections 18 to 21, act of March 3, 1891 (2G Stat, 
 line,), the act of February 20. 18!>7 (21) Stat.. r,99), and the act of May 11. 1S9S 
 (:;o Stat.. 404). 
 
 FOR OIL PIPE LINES Under act of May 21. 1890 (29 Stat. 127). 
 
 FOR THE CONSTRUCTION OF RESERVOIRS ON PUBLIC LANDS FOR 
 WATERING LIVE STOCK Under act of January 13, 1897 (29 Stat. 484). 
 
 FOR TELEGRAPH AND TELEPHONE LINES. ELECTRICAL PLANTS. AND 
 FOR CANALS AND RESERVOIRS FOR PURPOSES OTHER THAN IRRI- 
 GATION Under act of February 15, 1901 (31 Stat.. 790). 
 
 FOR TRAMROADS Under act January 21. 1895 (28 Stat, 635), and Section 1 
 of the act of May 11. 189S (30 Stat.. 404). 
 
 FOR MUNICIPAL OR MINING PURPOSES Under act of February 1, 1905 
 (33 Stat, 028). 
 
 APPROVED SEPTEMBER 2S, 190r,. 
 Amendment of circulars of July 8, 1901, June 20, 1902, and March 1, 1905. 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE. 
 
 1905.
 
 RIGHT OF WAY FOR RAILROADS, CANALS, RESERVOIRS, ETC. 
 
 F. DEPARTMENT OF THE INTERIOR, 
 
 GENERAL LAND OFFICE, 
 
 WASHINGTON, D. C., April 25, 1906. 
 
 AMENDATORY CIRCULAR. 
 
 In accordance with the agreement made by and between the Depart- 
 ment of the Interior and the Department of Agriculture, paragraph 2 
 of the circular of February 11, 1904 (32 L. D., 481), and paragraphs 3 
 and 66 of the circular of September 28, 1905 (34 L. D., 212), except the 
 last clause in each relative to construction in advance of approval or 
 specific permission, which will remain as at present, are hereby amended 
 so as to read as follows : 
 
 Whenever a right of way is located upon a forest or timber-land 
 reserve, the applicant must enter into such stipulation and execute 
 such bond as the Secretary of Agriculture may require for the protection 
 of such reserves. 
 
 This amendment applies to forest or timber-land reserves only, not to 
 national parks. 
 
 W. A. RICHARDS, 
 
 Commissioner, 
 Approved April 25, 1906. 
 
 E. A. HITCHCOCK, 
 
 Secretary. 
 
 25229b3mlO-06
 
 
 REGULATIONS 
 
 CONCERNING 
 
 RIGHT OF FAY FOR CANALS, DITCHES, AND RESERVOIRS, 
 
 PERMISSION TO USE RIGHT OF WAY FOR TELEGRAPH 
 
 AND TELEPHONE LINES, ELECTRICAL PLANTS, 
 
 CANALS, RESERVOIRS, TRAMROADS, ETC, 
 
 OVER THE 
 
 PUBLIC LANDS AND RESERVATIONS. 
 
 FOR IRRIGATION Under sections 18 to 21. act of March 3, 1891 (26 Stat, 
 
 1905), the act of February 26, 1897 (29 Stat., 599), and the act of May 11, 1898 
 
 (30 Stat, 404). 
 
 FOR OIL PIPE LINES Under act of May 21, 1896 (29 Stat, 127). 
 FOR THE CONSTRUCTION OF RESERVOIRS 'ON PUBLIC LANDS FOR 
 
 WATERING LIVE STOCK Under act of January 13, 1897 (29 Stat., 484). 
 FOR TELEGRAPH AND TELEPHONE LINES, ELECTRICAL PLANTS, AND 
 
 FOR CANALS AND RESERVOIRS FOR PURPOSES OTHER THAN IRRI- V 
 
 GATION Under act of February 15, 1001 (31 Stat.. 790"). 
 FOR TRAMROADS-^ITder actTTanuary 21, 1895 (28 Stat., 635), and Section 1 
 
 of the act of May 11, 1898 (30 Stat, 404). 
 FOR MUNICIPAL OR MINING PURPOSES Under act of February 1, 1905 
 
 (33 Stat, 628). 
 
 APPROVED SEPTEMBER 28. 1905. 
 Amendment of circulars of July 8. 1901, June 26, 1902, and March 1, 1905. 
 
 WASHINGTON: 
 
 GOVERNMENT PRINTING OFFICE. 
 
 1905.
 
 Q 
 
 r 
 
 \ .~M
 
 RIGHT OF WAY FOR CANALS, DITCHES, AND RESERVOIRS. 
 
 Sections 18, 19, 20, and 21 of the act of Congress ap- 
 proved March 3, 1891 (26 Stat, 1095), entitled "An act to tions - 
 repeal timber-culture laws, and for other purposes," grant 
 the right of way through the public lands and reserva- 
 tions of the United States for the use of canals, ditches, 
 reservoirs heretofore or hereafter constructed by corpora- 
 tions, individuals, or associations of individuals upon the 
 filing and approval of the papers and maps therein pro- 
 vided for. When the right of way is upon a reservation 
 not within the jurisdiction of the Interior Department, 
 the application must be filed in accordance with these 
 regulations, and will be submitted to the Department 
 
 having: jurisdiction. But where the right of way is Military res- 
 
 , . , . . i ervations. 
 
 wholly within a military reservation, the application 
 
 should be filed with the War Department, direct. A 
 map and field notes of the portion within any reserva- 
 tion must be submitted, in addition to the duplicates 
 required herein, except in the case of a forest or timber 
 land reserve. This map and field notes must conform to 
 all the provisions of this circular, and the local officers 
 will forward them to this office. 
 
 The word adjacent, as used in section 18 of the act, in 
 connection with the right to take material for construe- lands - 
 tioh from the public lands, must be construed according 
 to the conditions of each separate 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, as the words are the same in both. 
 
 The sections above noted read as follows : 
 
 SEC. 18. That the right of way through the public lands and res- Right of way 
 ervations of the United States is hereby granted to any canal or f a^fo 
 ditch company formed for the purpose of irrigation, and duly tions. 
 organized under the laws of any State or Territory, which shall 
 have filed, or may hereafter file, with the Secretary of the In- 
 terior a copy of its articles of incorporation, and due proofs of 
 its organization under the same, to the extent of the ground occu- 
 
 (3)
 
 pied by the water of the reservoir and of the canal and its lateVals, 
 
 on^ndj juie'n t ancl flf * y feet on each side of tne mar 8 lnal limits thereof ; also 
 lands. the right to take from the public lands adjacent to the line of the 
 
 canal or ditch, material, earth, and stone necessary for the con- 
 in reserva- struction 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 loca- 
 tion shall be subject to the approval of the Department of the 
 Control of 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. 
 
 Right of way SEC. 19. That any canal or ditch company desiring to secure the 
 u n surveyed benefits of this act shall, within twelve months after the location 
 of ten miles of this 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 C .' 
 Map, filing office for the district where such laud 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 
 Damages for way. Whenever any person or corporation, in the construction 
 of any canal, ditch, or reservoir, injures or damages the posses- 
 sion 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. 
 
 Right of way SEC. 20. That the provisions of this act shall apply to all canals, 
 for Individuals. ,., . 
 
 ditches, or reservoirs heretofore or hereafter constructed, whether 
 
 constructed by corporations, individuals, or association of individ- 
 uals, on the filing of the certificates and maps herein provided for. 
 If such ditch, canal, or reservoir has been or shall be con- 
 structed by an individual or association of individuals, it shall be 
 sufficient for such individual or 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 a 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 
 
 Forfeiture, filing, as though filed under it: Prorhlcd, 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. 
 
 Extent of SEC. 21. That nothing in this act shall authorize such canal or 
 right of way. ditch company to occupy such right of way except for the pur- 
 pose of said canal or ditch, and then only so far as may be nec- 
 essary for the construction, maintenance, and care of said canal 
 or ditch. 
 
 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," makes an important 
 declaration in section 2 as to the purposes for which the 
 rights of way under the act of 1891 may be used, but does 
 not authorize the approval of any application for right 
 of way for purposes other than irrigation. (28 L. D., 
 474; 32 L. D., 452 and 461.) The language of the act of 
 1898 is as follows : 
 
 Be it enacted by the Senate and House of Representatives of the 
 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 
 purposes," 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 Amending 
 
 , act of January 
 and empowered, under general regulations to be fixed by him, to 21, 1895. 
 
 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 marginal 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. 
 
 " SEC. 2. That rights of way for ditches, canals, or reservoirs c ^ m f e ^^f 
 heretofore or hereafter approved under the provisions of sections 3, 1891. 
 eighteen, nineteen, twenty, and twenty-one of the act entitled 'An 
 act to repeal timber-culture laws, and for other purposes,' ap- 
 proved March third, eighteen hundred and ninety-one, may be used 
 fqr purposes of a public nature ; and said rights of way may be 
 used for purposes of water transportation, for domestic purposes 
 or., for the development of power, as subsidiary to the main pur- 
 pose of irrigation." 
 
 1. These acts are evidently designed to encourage the 
 much-needed work of constructing ditches, canals, and 
 reservoirs in the arid portion of the country by granting 
 right of way over the public lands necessary to the main- 
 tenance and use of the same. The eighteenth section of 
 the act of 1891 provides that 
 
 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. 
 
 The control of the flow and use of the water is there- wa^ei"* 
 
 fore, so far as this act is concerned, a matter exclusivelv 
 
 / 
 
 under State or Territorial control, the matter of adminis- 
 tration within the jurisdiction of this Department being 
 limited to the approval of maps carrying the right of way
 
 gr?nt ture 
 
 on"fakes f ^nd over ^ e P u blic lands. In submitting maps for approval 
 streams. under this act, however, which in any wise appropriate 
 
 natural sources of water supply, such as the damming of 
 rivers or the appropriation of lakes, such 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 governing 
 the use of water in the State or Territory in which the 
 same is located. No general rule can be adopted in re- 
 gard to this matter. Each case must rest upon the show- 
 ing filed in support thereof. 
 
 f 2 - The act is not in the nature of a grant of lands; but 
 it is a base or qualified fee, giving the possession and right 
 of use of the land for the purposes contemplated by the 
 law, a reversionary interest remaining 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 thG grantee of the right of way. All persons 
 settling on a tract of public land, to part of which right 
 of way has attached for a canal, ditch, or reservoir, take 
 the same subject to such right of way, and at the full area 
 of the subdivision entered, there being no authority to 
 tor rteht cti of ma ^e deduction in such cases. If a settler has a valid 
 ubse 0n uenti d G ^ m ^ land existing at the date of the filing of the map 
 entered. o f definite location, his right is superior, and he is en- 
 
 titled to such reasonable measure of damages for right of 
 way as may be determined upon by agreement or in the 
 courts, the question being one that does not fall within 
 ri^hto/wa f ^ e j ui> i s diction of this Department. By section 21 of 
 
 the act above quoted it will be seen that the approval of ,-- 
 a map of a canal, ditch, or reservoir does not necessarily V J"^ 
 carry with it a right to the use of land 50 feet on each 
 side, the approval of the Department granting only such 
 right of way as the law provides. The width necessary 
 for construction, maintenance, and care of a canal, ditch, 
 or reservoir is not determined. 
 
 3. Whenever a right of way is located upon a forest or 
 timber-land reserve, the applicant must file a stipulation 
 under seal, incorporating the following: 
 stipulations (1) That the proposed right of wav is not so located as 
 
 as to right of : ' l L ' 
 
 way on forest to interfere with the proper occupation of the reservation 
 
 reserves. 
 
 by the Government. 
 
 (2) That the applicant will cut no timber from the 
 reserve outside the right of way.
 
 (3) That the applicant will remove no timber within 
 the right of way except only such as is rendered necessary 
 by the proper use and enjoyment of the privilege for which 
 application is made, and that he will also remove from the 
 reservation, or destroy, under proper safeguards as deter- 
 mined by this 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 determined by the General Land Office to 
 be essential to protect the forest from fire to the fullest 
 extent possible. 
 
 (4) 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 busi- 
 ness. 
 
 The applicant will also be required to give bond to Bond, 
 the Government of the United States, to be approved by 
 the Commissioner of the General Land Office, such bond 
 stipulating that the makers thereof will pay to the United 
 States " for any and all damage to the public lands, tim- 
 ber, 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, regard- 
 less of the cause or circumstances under which such dam- 
 age may occur." A bond furnished by any surety com- 
 pany that has complied with the provisions of the act of 
 August 13, 1894 (28 Stat, 279), will be accepted, and 
 must run in the terms of the stipulation above quoted. 
 The amount of the bond can not be fixed until the appli- 
 cation has been submitted to the General Land Office, 
 when a form of bond will be furnished and the amount 
 thereof fixed. 
 
 No construction can be allowed on a reservation until NO construc- 
 
 tion on reserve 
 
 an application for right or way has been regularly filed in advance of 
 accordance with the laws of the United States and has special permis- 
 been approved by the Department, or has been considered 
 by this Office or the Department, and permission for such 
 construction has been specifically given. 
 
 4. Canals, ditches, or reservoirs lying partly upon im- Right of way 
 surveyed land can be approved if the application andand uru 
 accompanying maps and papers conform to these regula- 
 tions, but the approval will only relate to that portion 
 traversing the surveyed lands. ( For right of way wholly 
 on unsurveyed land, see paragraphs 16 and 17.)
 
 8 
 
 5.~Any incorporated company desiring to obtain the 
 benefits of the law is required to file the following papers 
 and maps with the register of the land district in which 
 the canal, ditch, or reservoir is to be located, who will for- 
 ward them to the General Land Office, where, after exam- 
 ination, they will be submitted to the Secretary of the 
 Interior with recommendation as to their approval : 
 incorporation * First. A copy of its articles of incorporation, duly cer- 
 tified to by the proper officers of the company under its 
 corporate seal, or by the secretary of the State or Terri- 
 tory where organized. 
 
 state laws. Second. A copy of the State or Territorial law under 
 which the company was organized (when organized under 
 State or Territorial law), with certificate of the governor ( 
 or secretary of the State or Territory, under seal, that the 
 same is the existing law. (See eleventh subdivision of 
 this paragraph.) 
 Filing wfth Third. When said law directs that the articles of asso- 
 
 State officer. 
 
 ciation or other papers connected with the organization 
 be filed with any State or Territorial officer, the certificate 
 of such officer that the same have been filed according to 
 law, w r ith the date of the filing thereof. 
 
 state el differen Fourth. When a company is operating in a State or 
 organization f Territory other than that in which it is incorporated, the 
 certificate of the proper officer of the State or Territory 
 is required 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 v required, as each case must be governed to *" 
 some extent by the laws of the State or Territory. 
 
 Form i. Fifth. The official statement, under the seal of the com- 
 
 pany, of the proper officer that the organization has been 
 completed, that the company is fully authorized to pro- 
 ceed with construction according to the existing law of 
 the State or Territory, and that the copy of the articles 
 filed is true and correct. (See Form 1, p. 32.) 
 
 Form 2. Sixth. A true list, signed by the president, under the 
 
 seal of the company, showing the names and designations 
 of its officers at the date of the filing of the proofs. (See 
 Form 2, p. 32.) 
 
 Evidence of Seventh. A copy of the company's title or right to 
 
 risht to appro- * - J 
 
 priate water, appropriate the water needed for its canals, ditches, and 
 reservoirs, certified as required by the State or Territorial
 
 9 
 
 laws. If the miner's inch is the unit used in such title, 
 its equivalent in cubic feet per second must be stated. In 
 cases where the right to appropriate the water has not 
 been adjudicated under the local laws, a certified copy of 
 the notice of appropriation will be sufficient. In cases 
 where the notice of appropriation is accompanied by a 
 map of the canal or reservoir it will not be necessary to 
 furnish a copy of it if the notice describes the location 
 sufficiently 'to identify it with the canal or reservoir for 
 which the right-of-way application is made. In cases 
 where the water-right claim has been transferred a num- 
 ber of times it is not necessary to furnish a copy of each 
 instrument of transfer; an abstract of title will be ac- 
 cepted. 
 
 Eighth. A copy of the State or Territorial laws govern- water-right 
 ing 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 eleventh subdivision of 
 this paragraph.) 
 
 Ninth. A statement of the amount of water flowing in Flow of 
 
 Wilt 61*. 
 
 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 ma-ximum, minimum, and average monthly flow in 
 cubic feet per second, and the average annual flow. All 
 available data as to the flow is required. The method of 
 measurement or estimate by which these results have been 
 obtained must be fully stated. In case there is no well- 
 defined flow which can be measured, the area of the water- 
 shed, average annual rainfall, and estimated rim-off at 
 the point of diversion or damming should be given. 
 
 Tenth. Maps, field notes, and other papers, as herein- Maps, etc. 
 after required. 
 
 Eleventh. If certified copies of the existing 1 laws re-, certificate as 
 
 . . . to State laws. 
 
 gardmg corporations and irrigation, and of new laws as 
 passed from time to time, be forwarded to this office by 
 the governor or secretary of the State or Territory, the 
 applicant may file, in lieu of the requirements of the 
 second and eighth subdivisions of this paragraph, a cer- 
 tificate 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. 
 
 6. Individuals or associations of individuals making , Applications 
 
 & l>y individuals. 
 
 applications for right of way are required to file the 
 
 859005 si 2 .
 
 10 
 
 information called for in the seventh, eighth, ninth, and 
 tenth subdivisions of the previous paragraph. Associa- 
 tions of individuals must, in addition, file their articles 
 of association; if there be none, the fact must be stated 
 over the signature of each member of the association. 
 
 Maps on 7. The maps filed must be drawn on tracing linen in 
 duplicate, and must be strictly conformable to the field 
 
 ruing in notes of the survey thereof. They must be filed in the 
 nee. land office for the district in which the right of way is 
 
 located; but if located in more than one district, dupli- 
 cate maps and field notes need be filed in but one district, 
 
 other canals, and single sets in the others. The maps should show 
 other canals, ditches, laterals, or reservoirs with which 
 connections are made, but they must be distinguished 
 from those for which right of way is desired by ink of a 
 different color. 
 
 Field rotes. 8. Field notes of the surveys must be filed in duplicate, 
 separate from the map, and in such form that they may 
 
 Not on map. be folded for filing. Complete field notes should not be 
 placed on the map, but only the station numbers where 
 deflections or changes of numbering occur, station num- 
 bers with distances to corners where the lines of the pub- 
 lic surveys are crossed, and the lines of reference of initial 
 and terminal points, with their courses and distances. 
 Typewritten field notes with clear carbon copies are pre- 
 ferred, as they expedite the examination of applications. 
 The field notes should contain, in addition to the ordinary 
 
 FUJI data, records of surveys, the data called for in this and in the 
 following paragraphs. They should state which line of 
 the canal 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 accurately 
 retraced by a competent surveyor with proper instru- 
 
 Deciination. mcnts. The field notes should show whether the lines 
 were run on the true or the magnetic bearings, and in the 
 latter case the declination of the needle and date of deter- 
 mination must be stated. The kind and size of the instru- 
 ment used in running the lines and its minimum reading 
 
 Methods of on the horizontal circle should be noted. The line of 
 survey should be that of the actual location of the pro- 
 posed 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 
 
 9. The scale of the map should be 2,000 feet to an inch Scale - 
 in the case of canals or ditches and 1,000 feet to an inch 
 
 in the case of reservoirs. The maps may, however, be 
 drawn to a larger scale of 1,000 feet to an inch in the case 
 of canals or ditches and 500 feet to an inch in the case of 
 reservoirs when absolutely necessary to properly show 
 the proposed works. 
 
 10. 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, 
 and the section,- township, and range must be clearly 
 marked on the map. 
 
 11. The termini of a canal, ditch, or lateral should be t 
 fixed by reference of course and distance to the nearest P ints - 
 existing corner of the public survey. The initial point of 
 
 the survey of a reservoir should be fixed by reference of 
 course and distance to the nearest existing corner outside 
 the reservoir by a line which does not cross an area that 
 will be covered with w r ater when the reservoir is in use. 
 The map, field notes, engineer's affidavit, and applicant's 
 certificate (Forms 3 and 4) should each show these con- 
 nections. 
 
 12. When either terminal of a canal, ditch, or lateral is connections 
 
 on unsurveyed 
 
 upon unsurveyed land, it must be connected by traverse land - 
 with an established corner of the public survey, if not 
 more than six miles distant from it, and the single bearing 
 and distance from the terminal point to the corner com- 
 puted 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. 
 
 13. When the distance to an established corner of the w /^f"^^^ 
 public survey is more than 6 miles, this connection will surveyed n iand 
 be made with a natural object or a permanent monument 
 
 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 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 engineer's affidavit and 
 applicant's certificate (Forms 3 and 4) must state the con- 
 nections. These monuments are of great importance. 
 
 14. When a canal, ditch, or lateral lies partly on unsur- 
 veyed land, each portion lying within surveyed and
 
 12 
 
 unsurveyed land will be separately stated in the field notes 
 and in Forms 3 and 4 by connections of termini, length, 
 and width, as though each portion were independent. 
 (See paragraphs 11, 12, and 13.) 
 
 reservoir on un r 15. When a reservoir lies partly on unsurveyed land its 
 ' initial point must be noted, as required for the termini of 
 ditches in paragraph 11, and so that the reference line 
 will 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. 
 
 whoify t on ^tnf- 16. Maps showing canals, ditches, or reservoirs wholly 
 surveyed land. U p On 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 same is located, for general informa- 
 tion, and the date of filing will be noted thereon ; but the 
 same will not be submitted to nor approved by the Secre- 
 tary of the Interior, as the act makes no provision for the 
 approval of any but maps showing the location in connec- 
 tion 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 limited in the act grant- 
 ing the right of way, -which map, if in all respects regular 
 when filed, will receive the Secretary's approval- 
 
 17. In filing such maps the initial and terminal points 
 will be fixed as indicated in paragraphs 12 and 13. 
 with'puwk-'sur^ 1^- Whenever the line of survey crosses a township or 
 vey corners, section line of the public survey, the distance to the near- 
 est 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 res- 
 ervoir must show these distances, and the field notes must 
 give the points of intersection and the distances. When 
 corners are destroyed by the canal or reservoir, proceed 
 as directed in paragraphs 21 and 22. 
 
 naiTS? f Ca ~ 1{) - The ma P must bear a statement of the width of each 
 canal, ditch, or lateral at high-water line. If not of uni- 
 form width, the limits of the deviations from it must be 
 clearly defined on the ma]). The field notes should 
 record the changes in such a manner as to admit of exact 
 location on the ground. In the case of a pipe line, the 
 , diameter of the pipe should be stated. The map must 
 
 Source of 
 
 supply. show the source of water supply.
 
 13 
 
 20. In applications for right of way for a reservoir, the res ^Poj c r lty of 
 capacity of the reservoir must be stated on the map in 
 
 acre- feet (i. e., the number of acres that will be covered 
 
 1 foot in depth by the water it- will hold ; 1 acre-foot is 
 
 43,560 cubic feet). The map must show the source of ^^^ of 
 
 water supply for the reservoir and the location and height da m. eigbt of 
 
 of the dam. 
 
 21. Whenever 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 pass- 
 ing through, or one on each line terminating at, said 
 corner. These monuments must comply with the require- 
 ments for witness corners of the Manual of Surveying 
 Instructions issued by this office, and must be at such 
 distance from the works as to be safe from interference 
 during the construction and operation of the same. In 
 case 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. 
 
 22. The line on which such monument is set will be 
 determined by running a random line from the corner to ments. D 
 be destroyed to the first existing corner on the line to be 
 marked by the monument, setting on the random line a 
 temporary mark at the distance of the proposed monu- 
 ment. 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 SW o).n ld to notes 
 surveys establishing the monuments must be in duplicate 
 and separate from those of the canal or reservoir, being 
 certified by the surveyor under oath. They must comply 
 with the form of field notes prescribed in the Manual of 
 Surveying Instructions issued by this office. When appli- 
 cation is made for a canal or reservoir which is con- 
 structed and in operation, the method to be adopted in 
 setting the monuments, being governed by the special 
 features of each case, must be left to the judgment of the 
 surveyor. No field notes will be accepted unless the lines Field notes 
 on which the monuments are set conform to the lines to public sur- 
 shown by the field notes of the survey as made originally 
 under the direction of this office, and unless the notes are
 
 14 
 
 in such form that the computation can be verified and the 
 lines retraced on the ground. 
 
 Forms 3 and 23. The engineer's affidavit and applicant's certificate 
 must both designate by termini (as in paragraphs 11 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 appli- 
 cation is made by an individual or association of individ- 
 uals) must be written on the map in duplicate. Appli- 
 cants under the act of March 3, 1891, must include in the 
 
 Purposes, certificate (Form 4) the statement: "And I further cer- 
 tify that the right of way herein described is desired for 
 the main purpose of irrigation." (See Forms 3 and 4. f~ 
 
 NO changes pages 32 and 33.) No changes or additions are allowable * 
 
 In forms. 
 
 in the substance of these forms, except when the facts 
 differ from those assumed therein. 
 
 24. When maps are filed, the register will note on each 
 
 the name of the land office and the date of filing, over 
 
 Notations by his written signature. Notations will also be made on 
 
 flee. 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 con- 
 nection with the application, will then be promptly trans- 
 mitted to the General Land Office with report that the 
 required notations have been made on the records of the r~ 
 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 para- 
 graph 2.) If no unpatented land is involved in the 
 application, the local officers will reject it, allowing the 
 usual right of appeal. 
 
 approval? 118 f - ; " ) - l T P on the approval of a map of location by the Sec- 
 retary 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 reservoirs, as laid down 
 on the ma]). They will also note the approval in ink, on 
 the tract books, opposite each tract marked as required by 
 paragraph 24. 
 
 26. When the canal, ditch, or reservoir is constructed,
 
 15 
 
 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 this office. No new map construction. 
 will be required, except in case of deviations from the 
 right of way previously approved, whether 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 ca ^ ende<1 Io ~ 
 map must show clearly the portions amended or bear a 
 statement describing them, and the location must be de- 
 scribed in the forms as the amended survey and the 
 amended definite location. In such cases the applicant m ent! inqul 
 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 honorable Secretary. 
 If the canal or reservoir has been constructed on the loca- 
 tion 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 reservoir on the amended 
 location. 
 
 27. 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 appli- 
 cations under the above act of 1891 for right of way upon 
 reservoir 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 &y the Senate and House of Representatives of the 
 
 United States of America in Congress assembled, That all reservoir Right of way 
 
 on segregated 
 sites reserved or to be reserved shall be open to use and occupation reservoir sites. 
 
 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 Secre- 
 tary of the Interior may prescribe: Provided, That the charges for 
 water coming in whole or part from reservoir sites used or occu- 
 pied under the provisions of this act shall always be subject to the 
 control and regulation of the respective 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 pre- 
 ceding regulations.
 
 16 
 
 Right of way 
 for oil pipe 
 lines. 
 
 OIL PIPE LINES. 
 
 28. 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 Wyo- 
 ming," is similar in its requirements to the right-of-way 
 act of March 3, 1891, and the preceding regulations fur- 
 nish full information as to the preparation of the maps 
 and papers. Applicants will be governed thereby so far 
 as they are applicable. 
 
 29. 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 
 boundary lines of the Yellowstone National Park is hereby granted 
 to any pipe-line company 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 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. 
 
 of 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 u 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 disposed of subject to such right of way. 
 
 SEC. 3. That if any section of said pipe line shall not be com- 
 pleted within five years after the location of said section the 
 right herein granted shall be forfeited, as to any incomplete sec- 
 tion of said pipe line, to the extent that the same is not completed 
 at the date of the forfeiture. 
 
 SKC. 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, maintenance, and care. 
 
 RESERVOIRS FOR WATERING STOCK. 
 
 30. 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: 
 
 Reservoirs Be H exacted b)i the Rotate and House of Representatives of the 
 water for live T itcd States of America in Conyrcxx assembled. That any person, 
 stock - live-stock company, or transportation corporation engaged in 
 
 Extent. 
 
 Piling 
 map. 
 
 Forfeiture. 
 
 Use and ex- 
 tent.
 
 17 
 
 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 nun- 
 dred and sixty acres, so long as such reservoir is maintained and 
 water kept therein for such purposes: Provided, That such reser- 
 voir 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 de- File declara- 
 
 , , ^-, tory statement, 
 siring to avail themselves of the provisions of this act shall file a 
 
 declaratory statement in the United States land office in the dis- 
 trict 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 Construction 
 
 of reservoir, 
 or reservoirs which, if not completed at the date of the passage of 
 
 this act, shall be constructed and completed within two years * 
 
 after filing such declaratory statement, such person, company, or 
 corporation shall have the same accurately surveyed, as herein- 
 after provided, and shall file 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 trans- 
 mitted by the register and receiver of said United States land 
 office to the Secretary 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 of ^esrvoir n e 
 water kept therein. 
 
 SEC. 4. That Congress may at any time amend, alter, or repeal 
 this act. 
 
 31. Although the title indicates that lands are to be so] ^ lands 
 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 Sec-' 
 retary of the Interior to reserve the lands from sale after 
 the approval of the map showing the location of the 
 reservoir. 
 
 32. Any person, live-stock company, or transportation Declaratory 
 
 .' i i T . . . statement filed. 
 
 corporation engaged in breeding, grazing, driving, or 
 transporting live stock, in order to obtain the benefits of 
 the act must file a declaratory statement in the United 
 States land office in the district where the land is located. 
 
 33. When the applicant is a corporation it should file Articles of in- 
 
 1 . corporation, 
 
 also a copy or its articles of incorporation and proofs of 
 
 its organization, as recaiired in paragraph 5, subdivisions 
 
 8590 05 ii 3
 
 18 
 
 1, 2, 3, 4, 5, 6, and 11. If these papers are filed with its 
 first declaratory statement, a reference thereto by its num- 
 ber will be sufficient in any subsequent application by the 
 company. 
 
 34. The declaratory statement must be made under oath 
 and should be drawn in accordance with Form 9 (page 
 35), and must contain the following statements: 
 
 claratorystate- First. The post-office address of the applicant ; the 
 county in which the reservoir is to be or has been con- 
 structed; the description by the smallest legal subdivi- 
 sions (40-acre tracts or lots) of the land sought to be re- 
 served, under no circumstances exceeding 1(50 acres; that 
 the land is not occupied or otherwise claimed; that to the 
 best of the applicant's knowledge and belief the land is 
 not mineral or otherwise reserved; the business of the 
 applicant, including a full and minute statement of the 
 extent to which he is engaged in breeding, grazing, driv- 
 ing, or transporting live stock, giving the number and 
 kinds of such stock, the place where they are being bred 
 or grazed, and whether within an enclosure or upon unen- 
 closed lands, and also from where and to where they are 
 being driven or transported ; the amount and description 
 of the land owned or claimed by the applicant in the vi- 
 cinity of the proposed reservoir ; that no part of the land 
 sought to be reserved is or will be fenced, but the same 
 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 reserva- 
 tion by the regulations and rulings of the Land Depart- 
 ment. 
 
 etc L of a riser' . Second. The location of the reservoir described by the 
 
 voir - smallest legal subdivisions (40-acre tracts or lots), its 
 
 nrea in acres, its capacity in gallons, 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. 
 
 .I ! o h ry d 8titc- Third. The number, location, and area 'of all other res- 
 ervoir sites filed upon \iy the applicant, especially desig- 
 nating those located in the same county. 
 
 :>.">. Upon the filing of such declaratory statements there 
 will be noted thereon the date of filing over the signature 
 of the oflirer receiving it, and they will be numbered in 
 regular order, beginning with No. 1. The register will 
 make the usual notations on the records, in pencil, under
 
 19 
 
 the designation of " Reservoir 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. Fees> 
 Rev. Stat.) The declaratory statement will be forwarded 
 with the regular monthly returns, with abstracts, in the 
 usual manner. In acting upon these statements the fol- 
 lowing general rules will be applied : 
 
 First. No reservation will be made for a reservoir con- res er?oir ity and 
 taining less than 250,000 gallons, and for a reservoir of. nrea reserved - 
 less than 500,000 gallons capacity 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 gal- 
 lons capacity or more 160 acres may be reserved. 
 
 Second. Not more than 160 acres shall be reserved for ^"attStt! 
 this purpose in any section. reservoirs. 
 
 Third. Not more than 160 acres shall be reserved for 
 this purpose in one group of tracts adjoining or corner- 
 ing upon each other. 
 
 Fourth. A distance of one-half mile must be left be- 
 tween any two groups of tracts which aggregate more 
 than 160 acres. 
 
 Fifth. The local officers will reject any reservoir de- 
 claratory statement not in conformity with these rules. 
 
 Sixth. Lands so reserved shall not be fenced, but shall Lands not to 
 
 . . be fenced or 
 
 be kept open to the free use of anv person desiring to used for other 
 
 'if i j T-P i i j 4. purposes- 
 
 water animals or any kind. It 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 as aforesaid desir- 
 ing 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 ex- 
 clusive purpose of constructing and maintaining a reser- 
 voir thereon according to law, the declaratory statement, 
 upon any such matter being made to duly appear, will 
 be canceled and all rights thereunder be declared at an 
 end. 
 
 Seventh. Notwithstanding the action of the local offi- ^^ai. faith 
 cers 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 
 does not appear that the declaratory statement is filed
 
 20 
 
 Construction. 
 
 Map and field 
 notes of con- 
 structed reser- 
 voir. 
 
 Notations by 
 local land of- 
 fice. 
 
 Approval. 
 
 Reservation. 
 
 Annual proof 
 of m a 1 n t e - 
 nance. 
 
 in good faith for the sole purpose of accomplishing what 
 the law authorizes to be done. 
 
 36. The reservoir, if not completed at the date of the 
 act, shall be completed and constructed within two years 
 after the filing of the declaratory statement; otherwise 
 the declaratory statement will be subject to cancellation. 
 
 37. After the copstruction and completion of the reser- 
 voir the applicant shall have the same accurately surveyed 
 and mapped, in accordance with the instructions of para- 
 graphs 7 to 24, inclusive, so far as they are applicable. 
 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 (page 37), and the field 
 notes must be sworn to by the surveyor. 
 
 38. 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. 
 The maps and papers will then be promptly forwarded to 
 this Office. 
 
 39. The map and papers will be examined by this Office 
 as to their compliance with the law and the regulations, 
 and to determine whether the amount of land desired is 
 warranted by the showing made in the application. If 
 found satisfactory they will be submitted to the honorable 
 Secretary, and upon approval the lands shown to be nec- 
 essary for the proper use and enjoyment of the reservoir 
 will be reserved from other disposition so long as the 
 reservoir is maintained and water kept therein for the 
 purposes named in the act. 
 
 40. Upon the receipt of notice of such reservation from 
 this Office the local officers will make the proper notations 
 on their records and report the making thereof promptly 
 to this Office. 
 
 41. 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 Jan- 
 uary 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 1'2 (page 3fi) 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.
 
 21 
 
 42. If the reservoir is located on unsurveyed land, the u 
 declaratory statement may be filed, the lands being de- land - 
 scribed as closely as practicable. 
 
 43. The duty of this Office in examining the maps and th ^e rpo r s e e g uia f 
 papers of all these applications is to ascertain whether the tlons - 
 provisions of the acts of Congress are properly complied 
 
 with; whether the proposed works are described in such 
 a manner that the benefits to be granted under the various 
 acts are defined so as to avoid future uncertainty; and 
 whether the rights of other grantees ?f the Government 
 are properly protected from interference. The above 
 regulations are made for these purposes. 
 
 44. The widely different conditions to be considered in 
 the operations proposed by the applicants make k impos- 
 sible to formulate regulations that will furnish this Office 
 
 with the data necessarv in all cases. This Office will . A dditionai 
 
 data called for 
 
 therefore call for additional information whenever neces- if needed, 
 sary for the proper consideration of any particular case. 
 
 PERMISSION TO USE RIGHT OF WAY FOR TELEGRAPH AND 
 TELEPHONE LINES, ELECTRICAL PLANTS, CANALS, AND 
 RESERVOIRS. 
 
 45. The act of February 15, 1901 (31 Stat., 790), en- 
 titled ''An act relating to rights of way through certain 
 parks, reservations, and other public lands," is as fol- 
 lows: 
 
 Be it enacted by the Senate and House of Representatives of Permit for 
 tlie United States of America in Congress assembled. That the "v'eV f public 
 Secretary of the Interior be, and hereby is, authorized and em- i< inds > 1 ' esei ',^ a ~ 
 powered, 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 1 , 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 pipe lines, flumes, , tunnels, or other water con- 
 duits, 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. Extent of 
 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, associa- 
 tion, or corporation of the United States, where it is intended
 
 22 
 
 Pnrks and by such to exercise the use permitted hereunder or any one or 
 more of the purposes herein named : Provided, That such permits 
 shall he 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 Department under whose supervision such 
 Telegraph park or reservation falls and upon a finding by him that the 
 "ines. same is not incompatible with the public interest : Provided fur- 
 
 ther. That all permits given hereunder for telegraph and tele- 
 phone puri>oses shall be subject to the provision of title sixty-five 
 of the Revised Statutes of the United States, and amendments 
 
 rei-mif re- thereto, regulating rights of way for telegraph companies over 
 vocable. 
 
 the public domain: And provided fiirllicr. 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 in- 
 terest in. to. or over any public land, reservation, or park. 
 
 
 46. This act, in general terms, authorizes the Secretary 
 
 of the Interior, under regulations to be fixed by him, to 
 
 National 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 
 
 Trnmrond8 Stat.. 120), and section 1 of the act of May 11, 1898 (30 
 
 not affected. gt a t.. 404), and for other purposes additional thereto, 
 except for tram/roads, the provisions relating to tram- 
 road*, contained in the <i<-t of 1X9-~> ami 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 provi- 
 sion of law relating to the granting of permission to use 
 rights of way, contained in the acts referred to, yet con- 
 sidering the general scope and purpose of the act. and 
 Congress having, with the exception above noted, embod- 
 ied therein the main features of the former acts relative 
 Prior acts to * ne 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 the same pertains to 
 the granting of permission to use rights of way for pur- 
 poses therein specified. Accordingly all applications for 
 l>crmixx't<m to use rights of way for the purposes specified 
 nights of i 11 this act must be submitted thereunder. AVhere, how- 
 
 gaUon f r "'ever, 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 sec- 
 tion 2 of the act of May 11. 1898 supra, the application
 
 23 
 
 must be submitted in accordance with the regulations 
 issued under said acts. (See pages 6 to 15, inclusive.) 
 
 47. It is to be specially noted that this act does not Nature of 
 
 J ^ . grant. 
 
 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 , , N ri .? ht . to 
 
 J take material. 
 
 public lands, reservations, or parks, adjacent to the right 
 of way, any material, earth, or stone for construction or 
 other purpose. 
 
 48. By section 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 exe- 
 cuted all laws affecting public' lands heretofore or hereafter re- 
 served under the provisions of section twenty-four of the act enti- 
 tled "An act to repeal the timber-culture laws, and for other pur- 
 poses," 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, recon- 
 veying, certifying, or patenting of any such lands. 
 
 Under this provision it has been determined that the of ^e'm-trn^nt 
 Department of Agriculture is invested with jurisdiction 01 ' Agriculture. 
 to pass upon all applications under any law of the United 
 States providing for the granting of a permission to oc- 
 cupy arid use lands in a forest reserve, which occupation 
 or use is temporary in character, and which, if granted, 
 will in no wise affect the fee or cloud the title of the 
 United States should the reserve be discontinued. 
 
 Therefore, when it is desired to obtain permission to within for- 
 
 7 . J est reserves. 
 
 use a right of way over public lands wholly within a for- 
 est reserve, an application should be prepared in accord- 
 ance with the instructions issued by the Department of 
 Agriculture, and the same filed with the officer in charge fm ! ef !t "officer! h 
 of such reserve. 
 
 Where, however, permission to use a right of way over ^"(-serves *' 
 lands wholly outside of forest reserves is desired, the ap- 
 plication must be prepared and filed in accordance with 
 the regulations contained in paragraphs 5 to 24, inclusive, 
 appropriate changes being made in the prescribed forms 
 so as to specify and relate to the act under which the 
 application is made. 
 
 In case the application involves rights and privileges Separate ap- 
 
 11 - 1 plications re- 
 
 upon public lands partly within and partly without a <i'-'d- 
 forest reserve, separate applications must be prepared
 
 24 
 
 and the one affecting lands within the forest reserve filed 
 with the forest officer and the ether filed in the local land 
 office. 
 
 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 granted, as herein pro- 
 lands 811 eyed v ided, before any rights can be claimed thereunder. Per- 
 mission 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 cir- 
 cular. 
 
 citizenship. 49. An affidavit that the applicant is a citizen of the 
 United States must accompany the application, and if 
 the applicant is an association of citizens, each must 
 make affidavit of citizenship, and a complete list of the 
 members thereof must be given in an affidavit by one of 
 them; if not a native-born citizen, the applicant will be 
 use urp ses and required to file the usual proofs of naturalization. The 
 applicant must also set forth in the affidavit the purposes 
 for which tjie right of way is to be used, and must show 
 that he in good faith intends to utilize the same for such 
 purposes in the event his application therefor is granted. 
 Buildings to 50. When application is made for right of way for 
 
 be plotted on . 
 
 map in main electrical or w T ater plants, the location and extent of 
 
 drawing and in 
 
 separate draw- ground proposed to be occupied by bindings 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 by reference to course and dis- 
 tance 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. 
 Reference to AVhen two or more of such proposed structures are to be 
 
 survey corner. . . 
 
 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 the others are connected therewith by course 
 and distance shown on the map. The applicant must 
 also file an affidavit setting forth the dimensions and pro- 
 posed use of each of the structures and must show defi- 
 nitely that each one is necessary for a proper use of the 
 right of way for the purposes contemplated in the act. 
 NO interfer- 51. Whenever a right of way is located upon any of 
 
 encewlth . . 
 
 parks. the national parks designated in the act, the applicant 
 
 must show to the satisfaction of the Department that the
 
 25 
 
 location and use of the right of way for the purposes 
 contemplated will not interfere with the uses and pur- 
 poses for which the park was originally dedicated and 
 will not result in damage or injury to the natural condi- 
 tions of property or scenery existing therein. When the stipulation 
 right of way is located in any of the designated national 
 parks, the applicant must file the stipulations and bond 
 required by paragraph 3, and, in the case of a telephone 
 line, an additional stipulation incorporating the follow- 
 ing: (5) "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." 
 
 52. Whenever right of way within a park is desired 
 for operations in connection with mining, quarrying, cut- 
 ting timber, or manufacturing lumber, a satisfactory 
 showing must be made of the applicant's right to engage 
 in such operations within the park. 
 
 53. Applications for right of way, under this act, all 
 or any part of which crosses or is located upon any In- 
 dian reservation, before being transmitted to the Depart- 
 ment will be submitted by the Commissioner of the Gen- 
 tral Land Office to the Office of Indian Affairs for such 
 action and recommendation thereon as that office may 
 deem proper in so far as the same pertains to such Indian 
 reservation. Applicants will be required to furnish, in Triplicate 
 
 . . map and field 
 
 triplicate, so much 01 the map and field notes as relate to notes. 
 that portion of the right of way applied for, if any, 
 within an Indian reservation ; and in the event the appli- 
 cation is subsequently 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 con- 
 nection, attention is directed to the provisions of section 
 3 of the act of March 3, 1901 (31 Stat., 1083), which 
 authorizes the granting of permanent rights of way, in 
 the nature of easements, for telegraph and telephone pur- 
 poses only, through Indian reservations and other Indian Indian res- 
 ervations, tele- 
 lands upon payment of proper compensation for the ben- sraph and teie- 
 n a -, -r -i' -i i /> P 0one lines in. 
 
 efit ol the Indians interested therein. The provisions of 
 
 the latter act and the nature and character of the rights 
 authorized to be secured thereunder differ materially 
 from the provisions contained in this act and the rights 
 authorized to be conferred thereunder. Applicants, there- 
 fore, desiring to secure permanent rights of way through 
 Indian reservations or other Indian lands for telegraph
 
 26 
 
 and telephone purposes will be required to submit their 
 applications therefor under the act of March 3, 1901, 
 supra, in accordance with the then current regulations 
 issued thereunder. (For existing regulations under said 
 act, see regulations approved March 26, 1901.) 
 
 54. All applications for the use of a right of way under 
 6 ^ this act, through any lands designated therein, for tele- 
 Rev, stat. graph and telephone purposes, must be accompanied by 
 an official statement from the Post-Office Department 
 showing that the applicant has complied with its regu- 
 lations under title sixty-five of the Revised Statutes of 
 the United States and amendments thereto. 
 
 loc^offlce 1 re" ^- 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 the date 
 of filing over his written signature. If it does not appear 
 affected lands that some 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 nota- 
 tions have been made. 
 
 Applications. 5(5. Upon receipt of applications for right of way by 
 the General Land Office, the same will be examined and 
 then submitted to the Secretary of the Interior with rec- 
 ommendation as to their approval. Permission to use 
 rights of way through any park designated in the act will 
 chie? P offlcer of oll ty ^ >e granted upon approval of the chief officer of the 
 havPnV^iraper- Department under whose supervision such park falls and 
 or S re8ervation k ll P on a finding by him that the same is not incompatible 
 with the public interest. If the application, and the 
 showing made in support thereof, is satisfactory, the Sec- 
 retary of the Interior will give the required permission in 
 such form as may be deemed proper, according to the fea- 
 tures of each case ; and it is to be expressly understood, in 
 accordance with the final proviso of the act, that any per- 
 voked y or b modi- mission given thereunder may be modified or revoked by 
 time. at !iny 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
 
 27 
 
 final disposal by the United States of any tract traversed pjfj/,"^ , n s d " 
 by the permitted right of way is of itself, without further ^^ per " 
 act on the part of the Department, a revocation of the 
 permission so far as it affects that tract, and any permis- 
 sion granted hereunder is also subject to such further and 
 future regulations as may be adopted by the Department. 
 
 57. When permission to use the right of way applied read's! 1011 n 
 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 ihe act. 
 
 TRAMROADS. 
 
 58. The Secretary of the Interior is authorized to per- tr ^r^g not 
 mit the use of rights of way for tramroads through the ^.y 1 ! r g y 
 public lands of the United States, not within the limits of vution - 
 
 any park, forest, military, or Indian reservation under the 
 provisions of the act of Congress of January 21, 1895 (28 
 Stat, G35), as amended by section 1 of the act of May 11, 
 1898 (30 Stat., 404) . The act of January 21, 1895, supra, 
 entitled "An act to permit the use of the right of way 
 through the public lands for tramroads, canals, and reser- 
 voirs, and for other purposes," is as follows : 
 
 Be it enacted ~by the Senate and House of Representatives of the 
 United States of America, in Congress assembled, That the Secre- 
 tary 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 res- 
 ervation, for tramroads, canals, or reservoirs to the extent of the Extent o f 
 ground occupied by the water of the canals and reservoirs and rl ht of way. 
 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 manu- 
 facturing lumber. 
 
 This act was amended by section 1 of the act of May 11, 
 
 1898, xtipm, as follows: 
 
 Be it cnaclcd !>>/ the Senate and House of Representatives of the 
 United State* 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 purposes," approved Jamiary twenty-first, eighteen hundred 
 and ninety-five, be, and the same is hereby, amended by adding 
 thereto the following :
 
 28 
 
 Amends act "That the Secretary of the Interior be, and hereby is, author- 
 ni ' ize <l an d 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 reser- 
 voirs, 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 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 
 plications. f or tramroads should be prepared and filed in accord- 
 ance 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 regula- 
 tions issued under the general railroad right-of-way act 
 of March 3, 1875 (for existing regulations under the lat- 
 Forms. er ac ^ 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 
 arks rights in do not authorize the granting of permission to use rights 
 of way for such purpose within the limits of any park, 
 forest, military, or Indian reservation, and it is to be fur- 
 ther noted that permission to use rights of way for tram- 
 roads over public lands, when granted, only confers a 
 A license, right in the nature of a license and is subject to all the 
 conditions and limitations hereinbefore stated in para- 
 graph 56 of these regulations. 
 
 RIGHT OF \VAY OVER FOREST RESERVES FOR DAMS, RESERVOIRS, 
 WATER PLANTS, DITCHES, FLUMES, PIPES, TUNNELS, AND 
 CANALS FOR MUNICIPAL OR MINING PURPOSES. 
 
 ruar Ct i f i(K5 b ^' v ^ ec ti n 4, of the act of Congress approved Febru- 
 >- ary 1 (33 Stat., 028), 1905, reads as follows: 
 
 SEC. 4. That rights of way for the construction and mainte- 
 nance 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 regulations 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 respec- 
 tively situated.
 
 29 
 
 61. This act grants rights of way througk forest re- 
 serves to citizens and corporations of the United States 
 for the objects therein specified, during 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 re- 
 serves are respectively situated. 
 
 All applications for the right of way for the purposes 
 set forth in said act, must be submitted thereunder in ac- 
 cordance herewith. 
 
 62. The right granted is not in the nature of a grant of r ;^t ture of 
 lands, but is a base or qualified fee, giving the possession 
 
 and right of use of the land for the purposes contem- 
 plated 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 from any part of ma ^g rl ai ght to 
 the reservation any material, earth, or stone for construc- 
 tion or other purposes, nor does it give any right to use 
 any land outside of what is actually necessary for the 
 construction and maintenance of the works. 
 
 63. Applications for right of way under this act should of 
 be made in the form of a map and field notes, in dupli- 
 cate, and must be filed in the local land office for the 
 district in which the land traversed by the right of way 
 is situate; if 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 corpo- 
 ration, the articles of incorporation and proofs of organi- 
 zation must be prepared and filed in accordance with 
 paragraphs 4 to 23, inclusive, appropriate changes being 
 made in the prescribed forms so as to specify and relate 
 to the act under which the application is made. 
 
 64. An affidavit that the applicant is a citizen of the citizenship. 
 United States must accompany the application, and if 
 
 the applicant is an association of citizens, each must 
 make affidavit of citizenship, and a complete list of the 
 members thereof must be given in an affidavit of one of 
 them. A copy of their articles of association must also Articles of 
 
 1 J _ association. 
 
 be furnished, or if there be none, the fact must be stated 
 over the signature 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
 
 30 
 
 must set forth in the affidavit the puropses for which the 
 right of way is desired. 
 
 8hcwn e on p miip? *>*' 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 desig- 
 nated on the map and described in the field notes and 
 forms by reference to course and distance from a corner 
 sepa rate of the public survey. In addition to being shown in 
 
 drawing. .... 
 
 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. 
 
 and M s e e nsl ns The applicant must also file an affidavit setting forth 
 the dimensions and proposed use of each of the struc- 
 tures and must show definitely that each is necessary to 
 a proper enjoyment of the right of way granted by the 
 act. 
 
 stipulation. (jo. The applicant must file with each application under 
 this act a stipulation, under seal, incorporating the con- 
 ditions set forth in subdivisions 1, 2, 3, and 4 of para- 
 graph 3. 
 
 Bond. The Applicant will also be required to give bond to the 
 
 Government of the United States, to be approved by the 
 Commissioner of the General Land Office, such bond 
 stipulating that the makers thereof will pay to the 
 United States " for any and all damage to the public 
 lands, timber, natural curiosities, or other public property 
 on sucli reservation, or upon the lands of the United 
 States, by reason of such use and occupation of the re- 
 serve, regardless of the cause or circumstances under 
 which such damage may occur." A bond furnished by 
 any surety company that has complied with the provi- 
 sions of tiie act of August 13. 1894 (28 Stat.. 270), will 
 be accepted, and must run in the terms of the stipulation 
 above quoted. The amount of the bond can not be fixed 
 until the' application has been submitted to the General 
 Land Office, when a form of the bond will be furnished 
 and the amount fixed.
 
 31 
 
 No construction can be allowed on the reservation 
 until an application for right of way has been regularly 
 filed in accordance herewith and has been approved by 
 the Department, or has been considered and permission 
 specifically given by the Secretary of the Interior. 
 
 67. Upon the filing of an application, under this act, Notation by 
 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 the 
 name of the land office and the date of the filing over his 
 written signature. 
 
 If it does not appear that some portion of the public 
 lands in reserve 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 pro- 
 posed 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. 
 
 68. Upon the approval of a map of location by the Sec- 
 retary 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. 
 
 W. A. RICHARDS, 
 
 Commissioner. 
 
 Approved: September 28, 1905. 
 THOS. RYAN, 
 
 Acting Secretary.
 
 FORMS FOR "DUE PROOFS" AND VERIFICATION OF MAPS OF 
 RIGHT OF WAY FOR CANALS, DITCHES, AND RESERVOIRS. 
 
 FOEM 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 incorporation) of the company filed in the Depart- 
 ment 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 company this day of - , in the year 19 . 
 
 [Seal of company.] , 
 
 of the Company. 
 
 I, , do certify that I am the president of the Com- 
 
 pany, 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 100 . 
 
 [Seal of company.] , 
 
 President of the Company. 
 
 FOBM 3. 
 STATE OF , 
 
 County of , .<?.?: 
 
 , being duly sworn, says he is the chief engineer of (or the per- 
 son 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 paragraph U3, 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 - . "H> , and ending on the - - day of - . IB . 
 "[and that the survey of the said (canal, ditches, laterals, and reservoirs) 
 
 This clause to be omitted in applications for telephone and tejesraph lines. 
 
 (32)
 
 33 
 
 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 ac- 
 companying 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. 
 
 FORM 4. 
 I, , do hereby certify that I am president of the 
 
 Company ; that - , who subscribed the accompanying affidavit, is 
 
 the chief engineer of (or was employed to make the survey by) the said com- 
 pany ; 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) a [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 Inte- 
 rior, in order that the company may obtain the benefits of' (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. 
 
 Attest : , 
 
 President of the Company, 
 
 [Seal of company.] . 
 
 Secretary. 
 
 FORM 
 
 STATE OF , 
 
 County of - , ss: 
 
 , being duly sworn, says that he is the chief engineer of (or was 
 
 employed to construct) the (canals, ditches, laterals, and reservoirs) of the 
 
 Company; that said (canals, ditches, laterals, and reservoirs) have been 
 
 constructed under his supervision, as follows: (Describe as required in para- 
 
 " This clause to be omitted in applications for telephone and telegraph lines. 
 
 6 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.
 
 34 
 
 graph 23) a total length of constructed (canals, ditches, and laterals) of 
 
 miles, and a total area of constructed reservoirs of - acres; that construc- 
 tion was commenced on the day of - , 19 , and completed on the 
 day of - , 19 ; that the constructed (canals, ditches, laterals, and reser- 
 voirs), 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.1 
 
 'Notary J'ultlic. 
 
 FORM 0. 
 
 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 affi- 
 davit 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 
 Held notes approved by the Secretary of the Interior, on the day of , 
 1!) ; and that the company has in all things complied with the requirements 
 of the act of Congress" (March 3, 1891. granting right of way for canals, 
 ditches, and reservoirs through the public lands of the United States). 
 
 President of the Company. 
 Attest : 
 [Seal of company.] , 
 
 Secretary. 
 
 FORM 7. 
 [Under act February 15. 1901.1 
 
 STATE OF 
 
 County of . .ss: 
 
 , being duly sworn, says he is the chief engineer of (or 
 
 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 in. 1901. said grounds 
 
 being situated in the quarter of the quarter of section . township 
 
 . range , - - principal meridian: 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 1.1, 19O1 (.",1 
 Stat., 790). 
 
 Chief Enr/inecr. 
 
 Subscribed and sworn to before me this day of - , 19 . 
 ISKAL.J . 
 
 Votary Public. 
 
 " Here insert the description of the act of Congress under which the application is 
 mack-, when filed under sonic other act than that of 1891.
 
 35 
 
 FORM 8. 
 [Under act of February 15, 1901.] 
 
 I, , do hereby certify that I am the president of the com- 
 
 pany ; that the survey of the structures represented on the accompanying draw- 
 ing was made under authority and by direction of the company, and under the 
 supervision of - , its chief engineer (or the person employed in the prem-- 
 ises), whose affidavit precedes this certificate ; that the survey as represented on 
 the accompanying drawing actually represents the structures required in the 
 
 quarter of the quarter of section , of township , of range , 
 
 - principal meridian, 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 February 15, 1901 (31 
 Stat, 790). 
 
 President of tJie Company. 
 [Seal of the company.] 
 Attest : 
 
 Secretary. 
 
 FORM 9. 
 
 Reservoir declaratory statement. 
 [Under act of Jan. 13, 1897 (29 Stat, 484).] 
 
 RES. D. S.-> LAND OFFICE AT - , 
 No. . } , , 19. 
 
 I, - , of - , do hereby certify that I am president of the 
 company, and on behalf of said company, and under its authority, do 
 hereby apply for the reservation of land in County, State of , for 
 the construction and use of a reservoir for furnisiiig 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., containing acres. 
 
 I hereby certify that to the best of my knowledge and belief the said laud 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 appli- 
 cant 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 reserva- 
 tion by the regulations and rulings of the laud department
 
 36 
 
 The water of said reservoir will cover 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 is 
 
 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. , land office, area to be reserved acres. 
 
 No. , land office, area to be reserved acres. 
 
 No. , land office, area to be reserved acres. 
 
 No. , land office, area to be reserved acres. 
 
 No. , land office, area to be reserved acres. 
 
 No. , land office, area to be reserved acres. 
 
 No. , land office, area to be reserved acres. 
 
 No. , land office, area to be reserved acres. 
 
 No. , 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 boiia fide 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 : 
 
 STATK OF 
 
 Count a 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 . 
 
 L SEAIj. \ , 
 
 Notary I'ublic. 
 
 NOTE. When the applicant is a corporation the form should be executed by its presi- 
 dent, Tinder 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 
 
 I, - , register of the land office, do hereby certify that the fore- 
 
 going application is for the reservation of lands subject thereto under the pro- 
 visions of the act of January K'>. IX'.iT: 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.
 
 37 
 
 The description of the business of the applicant should include " a full and 
 minute statement of the extent to which he is engaged in breeding, grazing, 
 driving, or transporting 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. 
 
 FOBM 10. 
 
 STATE OF , 
 
 County of , ss: 
 
 , 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 paragraph 23) ; 
 
 said reservoir having been constructed upon the quarter of the quarter 
 
 of section , township , range , - - principal meridian, as pro- 
 posed by reservoir declaratory statement, 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.] 
 
 Notary Public. 
 
 FORM 11. 
 
 I, , do certify that I am the president of the company 
 
 which filed (or that I am the person who filed) reservoir declaratory statement, 
 
 No. , in the local land office at ; that the reservoir proposed has been 
 
 constructed upon the quarter of the quarter of section , township 
 
 , range , principal 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 constructed in a substantial manner in 
 good faith in order that the reservoir may be used and maintained for the pur- 
 poses, and in the manner prescribed by the said act of January 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. 
 
 FOKM 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
 
 38 
 
 declaratory statement, No. , in the local land office at ; that the res- 
 ervoir constructed in pursuance thereof, as heretofore certified, has been kept 
 in repair ; that water has been kept therein to the extent of not less than 
 gallons during the entire calendar year of 19 ; that neither the reservoir 
 nor any part of the land reserved for use in connection therewith is or has 
 been fenced during said years, and that the said company has in all things com- 
 plied 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. 
 
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