§952 — Title 43 Public Lands | U.S. Code

Summary

People or companies that raise, graze, drive, or transport livestock can build water reservoirs on unoccupied public U.S. land that is not set aside for minerals or other reserved uses. They may control the reservoir and up to 160 acres of land around it while they keep it maintained and the water available, but they must follow rules set by the Secretary of the Interior. By default the reservoir cannot be fenced and must be open for anyone to water animals. The Secretary can allow a fence in special cases to protect animals or conserve water, but the reservoir still must be open for public watering and the Secretary can order any fence removed at any time.

Title 43, §952

Public Lands — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Repeal;

Savings Provision

Section repealed by Pub. L. 94–579, title VII, § 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. Such repeal 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.

§952 Reservoir sites for water for livestock

Summary

Title 43, §952

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Savings Provision

Citations & Metadata