§ 947. — Map; damages to settlers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC947]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 947. Map; damages to settlers
Any canal or ditch company desiring to secure the benefits of
sections 946 to 949 of this title shall, within twelve months after the
location of ten miles of its canal, if the same be upon surveyed lands,
and if upon unsurveyed lands, within twelve months after the survey
thereof by the United States, file with the officer, as the Secretary of
the Interior may designate, of the land office for the district where
such land is located a map of its canal or ditch and reservoir; and upon
the approval thereof by the Secretary of the Interior the same shall be
noted upon the plats in said office, and thereafter all such lands over
which such rights of way shall pass shall be disposed of subject to such
right of way. Whenever any person or corporation, in the construction of
any canal, ditch, or reservoir, injures or damages the possession of any
settler on the public domain, the party committing such injury or damage
shall be liable to the party injured for such injury or damage.
(Mar. 3, 1891, ch. 561, Sec. 19, 26 Stat. 1102; 1946 Reorg. Plan No. 3,
Sec. 403, eff. July 16, 1946, 11 F.R. 7876, 60 Stat. 1100.)
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Section repealed by Pub.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.
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.
Transfer of Functions
For transfer of functions of other officers, employees, and agencies
of Department of the Interior, with certain exceptions, to Secretary of
the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950,
Secs. 1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out
under section 1451 of this title.
``Officer, as the Secretary of the Interior may designate''
substituted for ``register'' on authority of section 403 of Reorg. Plan
No. 3 of 1946, which abolished all registers of district land offices
and transferred functions of register of district land office to
Secretary of the Interior. See section 403 of Reorg. Plan No. 3 of 1946,
set out as a note under section 1 of this title.
Section Referred to in Other Sections
This section is referred to in sections 421c, 664, 948, 949, 950,
951 of this title.
