§ 948. — Application to existing and future canals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC948]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 948. Application to existing and future canals
The provisions of sections 946 to 949 of this title shall apply to
all canals, ditches, or reservoirs, heretofore or hereafter constructed,
whether constructed by corporations, individuals, or association of
individuals, on the filing of the certificates and maps therein provided
for. If such ditch, canal, or reservoir has been or shall be constructed
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 officer, as the Secretary of the
Interior may designate, of the land office where said land is located, a
map of the line of such canal, ditch, or reservoir, as in 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 filed
before March 3, 1891, shall have the benefits of sections 946 to 949 of
this title from the date of their filing, as though filed thereunder:
Provided, That if any section of said canal or ditch shall not be
completed within five years after the location of said section, the
rights therein 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.
(Mar. 3, 1891, ch. 561, Sec. 20, 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Section repealed by Pub.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 lands 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, 947, 949, 950,
951 of this title.
