§ 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.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC946]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 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.
(Mar. 3, 1891, ch. 561, Sec. 18, 26 Stat. 1101; Mar. 4, 1917, ch. 184,
Sec. 1, 39 Stat. 1197; May 28, 1926, ch. 409, 44 Stat. 668.)
Repeal of Section
Section repealed by Pub. L. 94-579, title VII, Sec. 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.
Section Referred to in Other Sections
This section is referred to in sections 421c, 664, 947, 948, 949,
950, 951 of this title.
