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Show 627 tain authority with respect to the public lands.722 This authori- zation is implemented by the order of the Secretary of the In- terior authorizing the Director of the Geological Survey, with- out prior approval, to classify as power sites, lands valuable for power purposes and to modify or revoke such classifications.723 This classification operates as a withdrawal of such sites from all forms of entry under the public-land laws and reserves them for disposition by the Federal Power Commission. As we earlier noted, Congress in 1866 legislation concerning public lands provided for the recognition of water rights vest- ing and accruing before or after that time under local customs, laws, and decisions of the courts for mining, agricultural, manu- facturing, or other purposes, and acknowledged a right-of- way for the construction of ditches and canals for the purposes specified.724 This provision has been construed to permit the use of water transported off the public domain for power- production purposes.725 In 1896, the Secretary of the Interior was authorized to per- mit, under general regulations to be fixed by him, the use of a right-of-way to the extent of 25 feet, together with the use of necessary ground not exceeding 40 acres, upon the public lands and national forests of the United States for the purposes of generating, manufacturing, or distributing electric power.726 This Act superseded the Act of 1866 so far as it was applicable to such rights-of-way, inasmuch as the prior enactment was primitive and poorly adapted to electric power purposes, limited as it was to ditches, canals, and reservoirs, not covering power houses, transmission lines, or necessary subsidiary struc- tures, and since the latter Act dealt specifically with the sub- ject, covered it fully, and evidently was designed to be complete in itself.727 T22Aet of March 3, 1879, § 1, 20 Stat. 377, 394, 43 U. S. O. 31. 733 Order of the Secretary of the Interior No. 2333, 43 C. F. R. 4.623 (1947 Supp.). mB. S. § 2339, from Act of July 26, 1866, § 9, 14 Stat. 251, 253, 43 U. S. C. 661. For the text of this provision, see supra, p. 36. 125 Pacific Gas & Electric Co. v. United States, 45 F. 2d 708 (O. A. 9, 1930). m Act of May 14, 1896, 29 Stat 120, as amended, 43 U. S. O. 957. m Utah Power & Light Co. v. United States, 243 U. S. 389, 405, 406 (1917). |