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Show 263 gress anticipated the advantage of multiple-use possibilities in authorizing federal surveys contemplating combined irriga- tion and flood-control projects.20 The 1890-1900 period saw further noteworthy develop- ments. In the 1890 River and Harbor Act, Congress adopted a general prohibition against the building of dams and other structures in navigable waters without the permission of the Secretary of the Army.21 The prohibition, of course, extended to power dams. That same statute contained a special au- thorization for him to grant leases, "not to exceed the period of twenty years," of power in waters of the Green and Barren Rivers surplus to the needs of navigation, with rates, condi- tions, and periods deemed by him to be "just, equitable, and expedient."22 Another type of limitation was specified in a novel 1896 statute authorizing the Secretary of the Interior to permit the use of rights-of-way to the extent of 25 feet, and necessary ground "not exceeding 40 acres" upon public lands and forest reservations for generating, manufacturing, or dis- tributing electric power.23 In 1897, Congress declared that all reservoir sites, reserved or to be reserved, shall be open to use under the 1891 righi^of-way statute, by states, individuals, or private corporations.24 Charges for water from such sites were made subject to state control. The years 1898 and 1899 also furnished examples of special legislation authorizing non- federal power development with provision for installation of navigation facilities, a principle sometimes appearing in such early special legislation and soon to be carried over into general 20 Act of October 2,1888, 25 Stat. 505, 526. See also Act of March 2, 1889, § 1, 25 Stat. 939, 960 (making a further appropriation); Act of August 30, 1890, § 1, 26 Stat. 371, 391 (repealing a portion of the 1888 statute pro- viding for the withdrawal of lands selected for sites, and providing in- stead that grants of patents should include a reservation of a right-of-way for federally constructed ditches and canals) ; Act of March 3,1891, §§ 17,18, 26 Stat. 1095, 1101 (limiting lands to those necessary for reservoir sites and providing for grants of rights-of-way to canal and ditch companies). 21 Act of September 19, 1890, § 7, 26 Stat. 426, 454. 22 § 1, 26 Stat. 447. 28 Act of May 14,1896, 29 Stat. 120. 24 Act of February 26,1897, 29 Stat. 599. |