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

Summary

The federal government gives a right of way across public lands to canal or ditch companies and to irrigation or drainage districts that are legally formed under a State or Territory. To get it, they must file a copy of their articles of incorporation—or, if not a corporation, the law that created them—and proof of organization with the Secretary of the Interior. The right covers the land under a reservoir and the canals and laterals, plus fifty feet on each side, and the Secretary can grant more land if needed for proper operation and maintenance. They may also take earth, stone, and other material from nearby public lands to build the canal or ditch. The right of way cannot be placed where it would interfere with government use of a reservation, maps must be approved by the federal department in charge of that reservation, and this does not change how States control water for irrigation or other purposes.

Title 43, §946

Public Lands — Source: USLM XML via OLRC

The right of way through the public lands and reservations of the United States is granted to any canal ditch company, irrigation or drainage district formed for the purpose of irrigation or drainage, and duly organized under the laws of any State or Territory, and which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation or, if not a private corporation, a copy of the law under which the same is formed and due proof of its organization under the same, to the extent of the ground occupied by the water of any reservoir and of any canals and laterals and fifty feet on each side of the marginal limits thereof, and, upon presentation of satisfactory showing by the applicant, such additional rights of way as the Secretary of the Interior may deem necessary for the proper operation and maintenance of said reservoirs, canals, and laterals; also the right to take from the public lands adjacent to the line of the canal or ditch, material, earth, and stone necessary for the construction of such canal or ditch: Provided, That no such right of way shall be so located as to interfere with the proper occupation by the Government of any such reservation, and all maps of location shall be subject to the approval of the department of the Government having jurisdiction of such reservation; and the privilege herein granted shall not be construed to interfere with the control of water for irrigation and other purposes under authority of the respective States or Territories.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1926—Act May 28, 1926, substituted “canal ditch company, irrigation or drainage district” for “canal or ditch company or drainage district” and inserted “or, if not a private corporation, a copy of the law under which the same is formed” after “articles of incorporation” and “, and, upon presentation of satisfactory showing by the applicant, such additional right of way as the Secretary of the Interior may deem necessary for the proper operation and maintenance of said reservoirs, canals, and laterals” after “marginal limits thereof”. 1917—Act Mar. 4, 1917, inserted “or drainage district,” after “any canal or ditch company,” and “or drainage,” after “for the purpose of irrigation”.

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.

§946 Right of Way to Canal Ditch Companies and Irrigation or Drainage Districts for Irrigation or Drainage Purposes and Operation and Maintenance of Reservoirs, Canals, and Laterals