RESERVOIR SITES

Cross references: See subtitle "Grants to Railroads for Reservoirs," p. 272, under "Indian Lands"; subtitle "Railroad Rights of Way," pp. 479, 481, under "Railroad Grants"; subtitles "Reservoirs, Canals, Ditches, and Tramroads," p. 622, "Telegraph and Telephone Lines, Electrical Plants, Canals, and Reservoirs," p. 626, and Rights of Way through National Forests for Dams, Reservoirs, etc.," p. 628, under Rights of Way," "Timber and Stone Lands," p. 707; "Water Power," p. 754.

66

WITHDRAWALS AND RESTORATIONS OF RESERVOIR
SITES

Extract from the sundry civil appropriation Act, approved October 2, 1888 (25 Stat. 505, 526)

voirs in arid

For the purpose of investigating the extent to which Storage reserthe arid region of the United States can be redeemed by region. irrigation, and the segregation of the irrigable lands in Investigation. such arid region, and for the selection of sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows, * * And all the lands which may hereafter be designated or selected by such United States surveys for sites for reservoirs, ditches or

canals for irrigation purposes and all the lands made sus- Lands reserved ceptible of irrigation by such reservoirs, ditches or canals from sale. are from this time henceforth hereby reserved from sale as the property of the United States, and shall not be subject after the passage of this act, to entry, settlement, or occupation until further provided by law: Provided, Reopening of That the President may, at any time in his discretion, by ment. proclamation open any portion or all of the lands reserved by this provision to settlement under the homestead laws. (U. S. C., title 43, sec. 662.)

Extract from the sundry civil appropriation Act, approved August 30, 1890 (26 Stat. 371, 391)

lands to settle

arid lands from

And so much of the act of October second, eighteen Reservation of hundred and eighty-eight, entitled "An Act making ap- entry repealed. propriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes," as provides for the withdrawal of the public lands from entry, occupation and settlement, is hereby repealed, and all entries made or claims initiated in good faith and valid fide entries but for said Act, shall be recognized and may be perfected in the same manner as if said law had not been

1 Repealed by the act of Aug. 30, 1890 (26 Stat. 371, 391), infra, but withdrawals already made to remain segregated. Limited as to area by sec. 17 of the act of Mar. 3, 1891 (26 Stat. 1095, 1101), p. 616.

Existing bona

validated.

Reservoir sites to be reserved.

Limit on reservoir sites.

Lands of actual settlers.

Public lands.

Lands reserved

for reservoirs at

headwaters of Mississippi River, etc., re

stored to public

domain.

Right to overflow reserved.

enacted, except that reservoir sites heretofore located or selected shall remain segregated and reserved from entry or settlement as provided by said Act, until otherwise provided by law, and reservoir sites hereafter located or selected on public lands shall in like manner be reserved from the date of the location or selection thereof. (U. S. C., title 43, sec. 662.)

An Act To repeal the timber-culture laws, and for other purposes

SEC. 17. That reservoir sites located or selected and to be located and selected under the provisions of "An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-nine, and for other purposes," and amendments thereto, shall be restricted to and shall contain only so much land as is actually neces sary for the construction and maintenance of reservoirs; excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs. (U. S. C., title 43, sec. 663.)

Approved, March 3, 1891 (26 Stat. 1095, 1101).

An Act To cause certain lands heretofore withdrawn from market for reservoir purposes to be restored to the public domain, subject to entry under the homestead law, with certain restrictions

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby restored to the public domain, subject to the easement provided for in section two hereof, all the lands described in a certain proclamation of the President of the United States, dated November twenty-eighth, eighteen hundred and eighty-one, Executive Document Numbered Eight hundred and seventytwo, withdrawing and withholding certain lands from market or entry and reserving the same to aid in the construction of certain reservoirs to be built at the headwaters of the Mississippi and Saint Croix Rivers, in the States of Minnesota and Wisconsin, and of the Chippewa and Wisconsin Rivers, in the State of Wisconsin, * and that these lands when so restored shall be subject to homestead entry only.

SEC. 2. That the lands hereby restored shall forever be and remain subject to the right of the United States to overflow the same, or any thereof, by such reservoirs as now exist or may hereafter be constructed upon the headwaters of the Mississippi River, and all patents issued for the lands hereby restored shall expressly reserve to the United States such right of overflow.

Approved, March 3, 1905 (33 Stat. 990).

An Act Restoring to the public domain certain lands heretofore reserved for reservoir purposes at the headwaters of the Mississippi River and tributaries

Public lands.

in Minnesota

stead entry.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby restored to the public domain for entry under the homestead laws, pursuant to such Reservoir lands rules and regulations as the Secretary of the Interior may opened to homeprescribe, subject to the easement provided for in section two hereof, any and all lands in the counties of Aitkin, St. Louis, Crow Wing, Cass, Itasca, and Beltrami, approximately six thousand acres, and outside of the boundaries of the Minnesota National Forest Reserve hitherto reserved by Executive order in connection with the construction, maintenance, and operation of reservoirs at the headwaters of the Mississippi River and its tributaries the restoration of which the Secretary of War has recommended or may hereafter recommend to the Secretary of the Interior: *

*

flow reserved.

SEC. 2. That the lands hereby restored shall forever be Right to overand remain subject to the right of the United States to overflow the same or any part thereof by such reservoirs as now exist or may hereafter be constructed upon the headwaters of the Mississippi River, and all patents issued for the lands hereby restored shall expressly reserve to the United States such right of overflow.

*

*

Approved, August 6, 1914 (38 Stat. 683).

RESERVOIRS FOR WATERING STOCK

An Act Providing for the location and purchase of public lands for reservoir sites

Reservoir sites

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That any person, live-stock company, or transporta- for live stock. tion corporation engaged in breeding, grazing, driving, or transporting live stock may construct reservoirs upon unoccupied public lands of the United States, not mineral or otherwise reserved, for the purpose of furnishing water to such live stock, 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 Free use, etc. kind. (U. S. C., title 43, sec. 952.)

"Amended by the act of Mar. 3, 1923 (42 Stat. 1437), p. 618.

Statement required.

Surveys, etc., required.

Lands reserved from sale.

Amendment,

etc.

Reservoirs for

SEC. 2. That any person, live-stock company, or corporation desiring to avail themselves of the provisions of this act shall file a declaratory statement in the United States land office in the district where the land is situated, which statement shall describe the land where such reservoir is to be or has been constructed; shall state what business such corporation is engaged in; specify the capacity of the reservoir in gallons, and whether such company, person, or corporation has filed upon other reservoir sites within the same county; and if so, how many. (U. S. C., title 43, sec. 953.)

SEC. 3. That at any time after the completion of such reservoir or reservoirs which, if not completed at the date of the passage of this act, shall be constructed and completed within two years after filing such declaratory statement, such person, company, or corporation shall have the same accurately surveyed, as hereinafter provided, and shall file in the United States land office in the district in which such reservoir is located a map or plat showing the location of such reservoir, which map or plat shall be transmitted by the register and receiver of said United States land office to the Secretary of the Interior and approved by him, and thereafter such land shall be reserved from sale by the Secretary of the Interior so long as such reservoir is kept in repair and water kept therein. (U. S. C., title 43, sec. 954.)

SEC. 4. That Congress may at any time amend, alter, or repeal this Act. (U. S. C., title 43, sec. 955.) Approved, January 13, 1897 (29 Stat., 484).

An Act To amend section one of the Act entitled "An Act providing for the location and purchase of public lands for reservoir sites," approved January 13, 1897, as amended

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemwatering stock. bled, That section 1 of the Act entitled "An Act providing for the location and purchase of public lands for reservoir sites," approved January 13, 1897, as amended, is amended by inserting at the end thereof the following new sentence:

May be fenced.

"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 live stock, to conserve water, and to preserve its quality and conditions: Provided, That such Open to free use. 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."

Approved, March 3, 1923 (42 Stat. 1437, U. S. C., title 43, sec. 952).

USE AND OCCUPANCY OF RESERVED RESERVOIR SITES

An Act To provide for the use and occupation of reservoir sites reserved

Rights of way

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all reservoir sites reserved or to be reserved reservoir sites. shall be opened to use and occupation under the rightof-way Act of March third, eighteen hundred and ninetyone. And any State is hereby authorized to improve and occupy such reservoir sites to the same extent as an individual or private corporation, under such rules and regulations as the Secretary of the Interior may prescribe: Provided, That the charges for water coming in whole or part from reservoir sites used or occupied under the provisions of this Act shall always be subject to the control and regulation of the respective States and Territories in which such reservoirs are in whole or part situate. (U. S. C., title 43, sec. 664.)

Approved, February 26, 1897 (29 Stat. 599).

RESERVOIR SITES FOR MUNICIPAL WATER SUPPLY

Grants of public lands have been made to certain cities for municipal water supply purposes, the more important of which are as follows:

City of Los Angeles, California-Acts of June 30, 1906 (34 Stat. 801), and June 5, 1920 (41 Stat. 983).

City and county of San Francisco, California-Act of December 19, 1913 (38 Stat. 242).

City of San Diego, California-Act of February 28, 1919 (40 Stat. 1206).

City of Shreveport, Louisiana-Act of June 4, 1924 (43 Stat. 382).

City of Altus, Oklahoma-Act of May 19, 1926 (44 Stat. 566).

11992-31-40

Water charges.