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<br />Attachment D - Agenda Item 7 <br />CWCB Mtg, - March 2004 <br /> <br />" .> <br /> <br /> <br />PUBLIC LAW 99-545,-OCT, 27, 1986 <br /> <br />, Public Law 99-545 <br />99th Congress <br /> <br />100 STAT,3047 <br /> <br />An Act <br /> <br />. <br />,;>> <br />~ <br /> <br />'To authot'l'l.e the Secretary of Agrtcu\tu:re. to. i!>sue 'j>e-rmanent %semenUi rot water <br />conveyance systems in ord,er to .:resolve title claims arising under Acts repealed by <br />the Federal Land Policy and Management Act of 1976, and for other purposes. <br /> <br />Be it enacted by the Senate and House of Representatives .of the <br />United States of America in. Congress assembled, <br />SECTION 1, (a) For purposes of this Act, the term "th", Act" means <br />the Federal ,Land Policy and Management Act of 1976 (43 U,S:C. <br />1761), ' <br />(b) Section 501 of the Act is amended by adding at the end thereof <br />the following new subsection: <br />"(c)(l) Upon receipt of a written application pursuant to para- <br />graph (2) of this subsection from an applicant meeting the reqllire- <br />ments of this subsection, the Secretary of Agriculture shall issue a <br />permanent easement, without a requirement for reimbursement, for <br />a water system as described in subsection (aX!) of this section, <br />traversing Federal lands within the National Forest System ('Na- <br />tional Forest Lands'), constructed and in operation or placed into <br />operation prior to October 21, 1976, if- <br />"(A) the traversed National Forest lands are in a State where <br />the appropriation doctrine governs the ownership of water <br />rights; <br />"(B) at the time of submission of the application the water <br />system is used solely for agricultural irrigation or livestock <br />watering purposes; . <br />"(C) the use served by the water system is not located solely <br />on Federal lands; <br />"(D) the originally constructed facilities comprising such <br />system have been in substantially continuous operation without <br />abandonment; <br />"(E) the applicant has a valid existing right, established under <br />applicable State law, for water to be conveyed by the water <br />system; <br />"(F) a recordable survey and other information' concerning <br />the location and characteristics of the system as necessary for <br />proper man'hgement of National Forest lands is provided to the <br />Secretary of Agriculture by the applicant for the easement; and <br />"(G) the applicant submits such application on or before <br />December 31, 1996, <br />"(2)(A) Nothing in this subsection shall be construed as affecting <br />any grants made by any previous Act. To the extent any such <br />previous grant of right-of-way is a valid existing right, it shall <br />remain in full force and effect unless an owner thereof notifies the <br />Secretary of Agriculture that such owner elects to ha'le a water <br />system on such right-of-way governed by the provisions of this <br />subsection and submits a written application for issuance of an <br />easement pursuant to this subsection, in' which case upon the issu- <br /> <br />Oct, 27, 1986 <br />[H,R. 2921] <br /> <br />Public lands. <br /> <br />, 43 use 1701 <br />note. <br />43 use 1761. <br />National Forest <br />System. <br /> <br /> <br />Agriculture and <br />agricultural <br />commodities: <br />Animals. <br /> <br />) <br /> <br />Grants.- <br /> <br /><' <br /> <br />i. <br /> <br />~ <br /> <br />, <br />