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Show 632 of other acts of Congress. An amended 1891 act grants rights- of-way to canal ditch companies or to districts formed for the purpose of irrigation or drainage to the extent of the ground occupied by waters of reservoirs and canals and 50 feet on each side of the marginal limits thereof, and such additional rights- of-way as may be necessary for operation and maintenance, as well as the right to use materials on the adjacent lands for con- struction of such canals and ditches.745 The right contemplated by this act is neither a mere easement nor a fee simple absolute, but a limited fee on an implied condition of reverter in the event the grantee ceases to use or retain the land for the pur- pose indicated in the act.746 Originally, the purposes for which such a right-of-way could be used were expressly limited to the canal or ditch for irriga- tion and drainage,747 but it was subsequently provided that such rights-of-way might be used:748 for purposes of a public nature; and said rights-of-way may be used for purposes of water transportation, for domestic purposes, or for the development of power, as subsidiary to the main purpose of irrigation or drainage. This subsidiary nature of other uses extends to the term "pur- poses of a public nature" as well as others enumerated.749 Sub- sequently, the granting of permits or easements for caretakers' quarters was authorized, except in national forests.750 With an exception for national forests, parks, and military or Indian reservations, the Secretary of the Interior was author- ized in 1895 to permit the use of rights-of-way on public land for tramroads, canals, or reservoirs by anyone engaged in min- 745 Act of March 3, 1891, § 18, 26 Stat. 1095, 1101, as amended, 43 U. S. C. 946; 43 C. P. R. 244.14. ™Kern River Co. v. United States, 257 U. S. 14T, 152 (1921), citing Rio Grande Western R. Co. v. Stringham, 239 TJ. S. 44, 47 (1915). Cf. 43 O. F. R. 244.19, describing the right as in the nature of an easement, a right of use only, the fee title remaining in the United States. w Act of March 3,1891, § 21, 26 Stat. 1095, 1102, 43 U. S. O. 949. 748 Act of May 11, 1898, § 2, 30 Stat. 404, as amended, 43 U. S. O. 951. 748 Kern River Co. v. United States, 257 U. S. 147, 152-153 (1921). 750 Act of March 1, 1921, 41 Stat. 1194, 43 U. S. O. 950. |
