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Show 631 Rights-of-Way: Irrigation.-A number of acts have made certain irrigation resources of the public domain available for private and state development. The Act of 1866 expressly applied to the use of water for agri- cultural purposes, and under that Act whenever a right to wa- ter had vested and accrued, the right-of-way for ditches and ca- nals was also acknowledged.742 Later, Congress provided for the disposition of desert lands in California, Colorado, Oregon, Nevada, Washington, Idaho, Montana, Utah, Wyoming, Ari- zona, New Mexico, and North and South Dakota by those indi- viduals intending to reclaim such lands by conducting water thereon, stipulating:743 That the right to the use of water by the person so con- ducting the same, on or to any tract of desert land of three hundred and twenty acres shall depend upon bona fide prior appropriation; and such right shall not exceed the amount of water actually appropriated, and neces- sarily used for the purpose of irrigation and reclamation ; and all surplus water over and above such actual appro- priation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights. Subsequently, the 1894 Carey Act made desert lands avail- able free of charge to the states for reclamation, such grant being conditioned upon actual reclamation.744 In addition, rights-of-way through the public lands and res- ervations for private reclamation works have been the subject Department of the Army for, among other purposes, substations for electric power transmission lines, and for any other purpose he deems advisable. Act of July 24,1946, § 7, 60 Stat 641, 643, 43 U. S. 0. 931b. 748 R. S. § 2339, from Act of July 26,1866, § 9,14 Stat. 251, 253, as amended, 43 U. S.C. 661. 743 Act of March 3, 1877, 19 Stat. 377, as amended, 43 U. S. C 321 et seq. See also supra, pp. 37-38. "* Act of August 18, 1894, § 4, 28 Stat. 372, 422, as amended, 43 U. S. 0. 641 et seq. See also supra, pp. 180-181. |