[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC952]
TITLE 43--PUBLIC LANDS
CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
Sec. 952. Reservoir sites for water for livestock
Any person, livestock company, or transportation corporation engaged
in breeding, grazing, driving, or transporting livestock may construct
reservoirs upon unoccupied public lands of the United States, not
mineral or otherwise reserved, for the purpose of furnishing water to
such livestock, and shall have control of such reservoir, under
regulations prescribed by the Secretary of the Interior, and the lands
upon which the same is constructed, not exceeding one hundred and sixty
acres, so long as such reservoir is maintained and water kept therein
for such purposes: Provided, That such reservoir shall not be fenced and
shall be open to the free use of any person desiring to water animals of
any kind.
The Secretary of the Interior, in his discretion, under such rules,
regulations, and conditions as he may prescribe, upon application by
such person, company, or corporation, may grant permission to fence such
reservoirs in order to protect livestock, to conserve water, and to
preserve its quality and conditions: Provided, That such reservoir shall
be open to the free use of any person desiring to water animals of any
kind; but any fence, erected under the authority hereof, shall be
immediately removed on the order of the Secretary.
(Jan. 13, 1897, ch. 11, Sec. 1, 29 Stat. 484; Mar. 3, 1923, ch. 219, 42
Stat. 1437.)
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Section repealed by Pub.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
