43-U.S.C.-946
§946 – Right of Way to Canal Ditch Companies and Irrigation Or Drainage Districts For Irrigation Or Drainage Purposes and Operation and Maintenance of Reservoirs, Canals, and Laterals
Pathway
Title 43 > Chapter 22 > Section 946
Details
- Reference: Section 946
- Legend: §946 – Right of Way to Canal Ditch Companies and Irrigation Or Drainage Districts For Irrigation Or Drainage Purposes and Operation and Maintenance of Reservoirs, Canals, and Laterals
- USCode Year: 2013
Provision Content
The right of way through the public lands and reservations of the United States is granted to any canal ditch company, irrigation or drainage district formed for the purpose of irrigation or drainage, and duly organized under the laws of any State or Territory, and which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation or, if not a private corporation, a copy of the law under which the same is formed and due proof of its organization under the same, to the extent of the ground occupied by the water of any reservoir and of any canals and laterals and fifty feet on each side of the marginal limits thereof, and, upon presentation of satisfactory showing by the applicant, such additional rights of way as the Secretary of the Interior may deem necessary for the proper operation and maintenance of said reservoirs, canals, and laterals; also the right to take from the public lands adjacent to the line of the canal or ditch, material, earth, and stone necessary for the construction of such canal or ditch: Provided, That no such right of way shall be so located as to interfere with the proper occupation by the Government of any such reservation, and all maps of location shall be subject to the approval of the department of the Government having jurisdiction of such reservation; and the privilege herein granted shall not be construed to interfere with the control of water for irrigation and other purposes under authority of the respective States or Territories.
(Mar. 3, 1891, ch. 561, §18, 26 Stat. 1101; Mar. 4, 1917, ch. 184, §1, 39 Stat. 1197; May 28, 1926, ch. 409, 44 Stat. 668.)
Repeal of Section
Section repealed by Pub. L. 94–579, title VII, §706(a), Oct. 21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System.
Amendments
1926—Act May 28, 1926, substituted canal ditch company, irrigation or drainage district for canal or ditch company or drainage district and inserted or, if not a private corporation, a copy of the law under which the same is formed after articles of incorporation and , and, upon presentation of satisfactory showing by the applicant, such additional right of way as the Secretary of the Interior may deem necessary for the proper operation and maintenance of said reservoirs, canals, and laterals after marginal limits thereof.
1917—Act Mar. 4, 1917, inserted or drainage district, after any canal or ditch company, and or drainage, after for the purpose of irrigation.
Savings Provision
Repeal by Pub. L. 94–579 insofar as applicable to the issuance of rights-of-way not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of this title.
U.S. Encyclopedia of Law Coverage
43-U.S.C.-942-9 in the Legal Encyclopedia: Public Lands
In this entry about 43-U.S.C.-942-9, find legal reference material, bibliographies and premiere content related to public lands in the American Encyclopedia of Law, presenting a comprehensive view of the United States public lands-specific issues, written by authorities in the field.
43-U.S.C.-945A in the Legal Encyclopedia: Land
In this entry about 43-U.S.C.-945A, find legal reference material, bibliographies and premiere content related to land in the American Encyclopedia of Law, presenting a comprehensive view of the United States land-specific issues, written by authorities in the field.
43-U.S.C.-934 in the Legal Encyclopedia: Grants
In this entry about 43-U.S.C.-934, find legal reference material, bibliographies and premiere content related to grants in the American Encyclopedia of Law, presenting a comprehensive view of the United States grants-specific issues, written by authorities in the field.
Leave a Reply