43 U.S.C. § 946 : US Code - Section 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
Search 43 U.S.C. § 946 : US Code - Section 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
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.
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