OCR Text |
Show 633 ing, quarrying, or lumbering.751 This authorization was later amended to include canals and reservoirs for the purposes of furnishing water for domestic, public, and other beneficial uses.752 On top of that, the Act of February 15,1901, describes the purposes for which revocable permits may be granted there- under, to include all the purposes mentioned in the amended Act of 1895, except tramroads.753 Rights-of-Way: General.-As we have seen, a confusing va- riety exists under statutes providing for rights-of-way over federal lands in connection with water use, beginning with the 1866 Act. It was necessary, for example, that the matter of the present applicability of the 1866 statute be considered by the Solicitor of the Department of the Interior who determined, for action within the Department:754 In my opinion, therefore, the right-of-way clause in section 2339 of the Revised Statutes has been entirely superseded by subsequent statutes as follows: 1. For purposes of irrigation and purposes subsidiary thereto. By the act of March 3, 1891 (§§ 18-21, 26 Stat. 1095,1101), as amended. 2. For purposes of mining, quarrying or cutting timber and manufacturing lumber. By the act of January 21, 1895 (28 Stat. 635). This act in turn was superseded by the 1901 act. 3. For purposes of generating, manufacturing or dis- tributing electric power. By the act of May 14,1896 (29 Stat. 120). This act in turn was superseded by the 1901 act. 4. For purposes of furnishing water for domestic, public, and other beneficial uses. By section 1 of the act of May 11,1898 (30 Stat. 404). This act in turn was superseded by the 1901 act. m Act of January 21, 1895, § 1, 28 Stat. 635, as amended, 43 U. S. C. 956. 752 Act of May 11, 1898, § 1, 30 Stat. 404, see 43 U. S. C. 956. 758 Act of February 15,1901, 31 Stat. 790, as amended, 43 U. S. C. 959. 754 58 I. D. 29, 40 (1942). And see United States v. Oklahoma Gas and Electric Co., 318 U, $. 206 (1942), |