and as exactly as possible the water line of the proposed reservoir. The method of running the grade lines of canals, and the water lines of reservoirs, must be described. 9. The scale of the map should be 2,000 feet to an inch in the case of canals or ditches; and 1,000 feet to an inch in the case of reservoirs. The maps may, however, be drawn to a larger scale, when needed to properly show the proposed works; but the scale must not be so greatly increased as to make the map inconveniently large for handling. 10. All subdivisions of the public surveys represented on the map should have their entire boundaries drawn; and on all lands affected by the right of way, must be shown the smallest legal subdivisions (forty-acre tracts and lots). 11. The applicant should make each of the subdivisions affected by the right of way "V" or "vacant," if it belongs to the public domain at the time of filing the map in the local land office; and the same must be verified by the certificate of the register. If it does not affirmatively appear that some portion of the public land is affected, the local officers will refuse to receive the maps. 12. The termini of a canal, ditch, or lateral, should be fixed by reference to the nearest existing corner of the public survey. The initial point of the survey of a reservoir should be fixed by reference to the nearest existing corner outside the reservoir, by a line which does not cross an area that will be covered with water when the reservoir is in use. The map, field notes, engineer's affidavit, and applicant's certificate (Forms 3 and 4) should each show these connections. 13. When either terminal of a canal, ditch, or lateral is upon unsurveyed land, it must be connected by traverse with an established corner of the public survey, if not more than six miles distant from it, and the single bearing and distance from the terminal point to the corner, computed and noted on the map in the engineer's affidavit, and in the applicant's certificate (Forms 3 and 4). The notes and all data for the computation of the traverse must be given in the field notes. 14. When the distance to an established corner of the public survey is more than six miles, this connection will be made with a natural object or a permanent monument which can be readily found and recognized, and which will fix and perpetuate the position of the terminal point. The map must show the position of such marks and course and distance to the terminus. The field notes must give an accurate description of the mark and full data of the traverse as required above. The engineer's affidavit and applicant's certificate (Forms 3 and 4), must state the connections. These monuments are of great importance. 15. When a canal, ditch, or lateral lies partly on unsurveyed land, each portion lying within surveyed and unsurveyed land will be separately stated in the field notes, and in forms 3 and 4, by connections of termini, length and width as though each portion were independent. See paragraphs 12, 13, and 14. 16. When a reservoir lies partly on unsurveyed land, its initial point must be noted, as required for the termini of ditches in paragraph 12, and so that the reference line will not cross an area that will be covered with water when the reservoir is in use. The areas of the several parts lying on surveyed and unsurveyed land must be separately noted on the map, in the field notes, and in forms 3 and 4. 17. Maps showing canals, ditches, or reservoirs wholly upon unsurveyed lands may be received and placed on file in the General Land Office, and the local land office of the district in which the same occurs, for general information, and the date of filing will be noted thereon; but the same will not be submitted to, nor approved by the Secretary of the Interior, as the act makes no provision for the approval of any but maps showing the location in connection with the public surveys. The filing of such maps will not dispense with the filing of maps after the survey of the lands and within the time limited in the act granting the right of way, which map if in all respects regular when filed, will receive the Secretary's approval. 18. In filing such maps the initial and terminal points will be fixed, as indicated in paragraphs 13 and 14. 19. Whenever the line of survey crosses a township or section line of the public survey, the distance to the nearest existing corner should be ascertained and noted. In the case of a reservoir, the distance must not be measured across an area which will be covered with water when the reservoir is in use; and permanent monuments must be set on the water line of the reservoir at the intersection of these lines of public survey. The map of the canal, ditch, or reservoir must show these distances and marks, and the field notes must give the points of intersection and the distances, and describe the marks. When corners are destroyed by the canal or reservoir proceed as directed in paragraphs 22 and 23. 20. The map must bear a statement of the width of each canal, ditch, or lateral, at high water line; if not of uniform width, the limits of the deviations from it must be clearly defined on the map; the field notes should record the changes in such a manner as to admit of exact location on the ground. The map must show the source of water supply. 21. In applications for right of way for a reservoir, the capacity of the reservoir must be stated on the map in acre-feet (i. e., the number of acres that will be covered one foot in depth by the water it will hold; one acre-foot is 43,560 cubic feet). The map must show the source of water supply for the reservoir and the height of the dam. 22. Whenever a corner of the public survey will be covered by earth or water, or otherwise rendered useless, marked monuments, (one on each side of destroyed corner) must be set on each township or section line passing through, or one on each line terminating at said corner. These monuments must comply with the requirements for witness corners of the "Manual of Surveying Instructions" issued by this office (P. 31, Ed. 1890), and must be at such distance from the works as to be safe from interference during the construction and operation of the same. In the case of reservoirs these monuments are additional to those required in paragraph 19. In case two or more consecutive corners on the same line are destroyed, the monument shall be set as required in the manual for the nearest corner on that line to be covered. 23. The line, on which such a monument is set, will be determined by running a random line from the corner to be destroyed to the first existing corner on the line to be marked by the monument, setting on the random line a temporary mark at the distance of the proposed monument; if the random line strikes the corner run to, the monument will be established at the place marked; if the random line passes to one side of the corner, the north and south, or east and west distance to it, will be measured and the true course calculated; the proper correction of the temporary mark will then be computed, and a permanent monument set in the proper place. The field notes for the surveys establishing the monuments must be in duplicate, and separate from those of the canal, or reservoir, being certified by the surveyor under oath. They must comply with the form for field notes prescribed in the "Manual of Surveying Instructions" issued by this office. When application is made for a canal or reservoir which is constructed and in operation, the method to be adopted in setting the monuments, being governed by the special features of each case, must be left to the judgment of the surveyor. No field notes will be accepted, unless the lines on which the monuments are set, conform to the lines shown by the field notes of the survey as made originally under the direction of this office, and unless the notes are in such form that the computation can be verified, and the lines retraced on the ground. 24. The engineer's affidavit and applicant's certificate must both designate by termini (as in paragraphs 12 to 17 inclusive), and length, each canal, ditch or lateral, and initial point and area, each reservoir, shown on the map, for which right of way is asked. This affidavit and this certificate (changed where necessary, when an application is made by an individual, or association of individuals), must be written on the map and duplicate; see forms 3 and 4, pages 21 and 22. No changes are allowable in the substance of these forms, except when the facts differ from those assumed in the forms. 25. When the maps are filed, the local officers will note in pencil on the tract books opposite each tract traversed that right of way for a canal (or reservoir) is pending, giving date of filing the name of applicant; noting on each map the date of filing, transmitting them promptly to the General Land Office. 26. Upon approval of a map of location by the Secretary of the Interior, the duplicate copy will be sent to the local officers who will mark upon the township plats the lines of the canals, ditches, or reservoirs as laid down on the map. They will also note, in pencil, on the tract books, opposite each tract of public land, that the same is to be disposed of subject to the right of way for the canal, ditch, or reservoir. Thereafter, in disposing of such lands, the claim to which shall have been initiated subsequent to the date of approval of the map, the register and receiver will note, in red ink, across the face of the certificate issued upon any entry made, that the same is allowed subject to the right of way of the canal, ditch or reservoir, giving its name, and refer to the letter from this office transmitting the map, by its initial and date. 27. When the canal, ditch or reservoir is constructed, an affidavit of the engineer and certificate of the applicant, Forms 5 and 6 must be filed in the local office in duplicate for transmission to this office. In case of deviations from the map previously approved, there must be filed new maps, and field notes in full as herein provided, bearing Forms 5 and 6 changed to agree with the facts of the case. 28. The duty of this office in examining the maps and papers of these applications, is to ascertain whether the provisions of the act of Congress are properly complied with, whether the proposed works are described in such a manner that the benefits to be granted by the approval of the Secretary of the Interior are defined so as to avoid future uncertainty, and whether the rights of other grantees of the government are properly protected from interference. The above regulations are made for these purposes. 29. The widely different conditions to be considered in the operations proposed by the applicants make it impossible to formulate regulations that will furnish this office with the data necessary in all cases. This office will, therefore, call for additional information whenever necessary for the proper consideration of any particular case. Very respectfully, Approved, HOKE SMITH, S. W. LAMOREUX, ADMINISTRATIVE DECISIONS. Decisions of the Department of the Interior Relating to Public Lands. H. H. Sinclair et al. [18 Land Decisions 573.] The grant of right of way privileges by the act of March 3, 1891, is restricted to purposes of irrigation, hence an application for right of way can not be approved under said act where the water is to be used in generating electricity. Right of way maps showing the location of a canal wholly on unsurveyed land will not be approved. The provisions of said act deal only with the right of way over the public lands to be used for the purposes of irrigation, leaving the disposition of the water to the State. Assistant Attorney General Hall to the Secretary of the Interior, March 7, 1894. (F. W. C.) I have the honor to acknowledge the receipt, through the reference of Hon. W. H. Sims, Acting Secretary, of February 28, 1894, of certain papers relative to the claims of H. H. Sinclair and C. G. Baldwin et al., for right of way through the San Bernardino, California, forest reservation, and the right to the use and appropriation of the water of a certain stream running through said reservation. The reference asks for an opinion "as to whether the Department has authority, under the act of March 3, 1891, to grant right of way through the San Bernardino, California, forest reservation, for the purpose desired by H. H. Sinclair and C. G. Baldwin et al., also what right, if any, Baldwin, Burt et al., acquired under the action taken under the laws of the State of California with a view to appropriating water on unsurveyed government land supposed to be within the said San Bernardino forest reservation." Section 18 of the act of Congress approved March 3, 1891 (26 Stat. 1095), grants the right of way through government reservations for canals and reservoirs for irrigating purposes, provided that they shall not be so located as to interfere with the proper occupation thereof by the government. The grant made by this act restricts the use of the land over which the right of way is granted, to purposes of irrigation. The applications of Sinclair and Baldwin state that they desire the use of the water for the purpose of generating electricity to be used in the lighting of certain cities; this is outside of the scope and purpose of the act 155 |