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<br />Discussion:
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<br />FLPMA is a comprehensive statute governing the management of the public lands, One entire
<br />title ofFLPMA (Title V) deals with the conditions under which rights-of-way across public lands
<br />are to be issued and managed. Section 501 ofFLPMA (43 U,S,C. 1761) specifically provides
<br />authority to the Secretary of Agriculture to grant, issue, or reneW rights-of-way for various uses
<br />of National Forest System lands and resource, 'TIlls section specifically includes rights-of-way
<br />for reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and
<br />systems for the'impoundment, storage, transportation or distribution of water.,
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<br />In 1986, Congress passed Public Law 99-545 which amended the right-of-way section of
<br />FLPMA (Se.ction 501) by adding a new subsection (c) dealmg with certain water diversion and
<br />conveyance systems (16 U,S,C. l76l(c)), This amendment is commonly known as the Ditch
<br />Bill. The Ditch Bill was passed to address claims to pre-FLPMA rights-of-ways for water ,.
<br />diversion structures existing on the date that FLPMA was enacted. Many of the pre-FLPMA
<br />. rights-of-way had title problems or lack of documentary evidence which made establishing the
<br />continued right to use federal lands difficult. The water users had also challenged the Forest
<br />Service's i.b.ti:rpretation of laws applicable to pre-FLPMA irrigation system rights-of-way and
<br />maintainedthat the complained-of administrative actions were in derogation of valid existing
<br />rights, The Ditch Bill was "to provide an optional alternative which a qualified user of a' water
<br />conveyance system within the bill's scope could elect to utilize instead of seeking judicial
<br />relief,"! '
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<br />The Ditch Bill provides that, upon receipt of a written application for a water diversion system
<br />which otherwise meets certain specified requirements, the Secretary of Agriculture must issue a
<br />permanent, free easement for a water diversion and conveyance'system. Specifically, the Ditch
<br />Bill provides: '
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<br />, Upon receipt of a written applicationpursillUlt tq paragraph (2) of this subsection
<br />from an applicant meeting the requirements of this subsection, the Secretary of
<br />Agriculture shall issue a permanent easement, without a requirement for
<br />reimbursement, for a water system as described in subsection (a)(l) of this
<br />section, traversing Federal lands within the National Forest System ("National
<br />Forest Lands"), constructed and in operation, or placed into operation prior to,
<br />October 21, 1976, if- [seven specific requirements have been met] (emphasis
<br />added).
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<br />The Ditch Bill also provides that:
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<br />Except as otherwise provided in this subsection, all rights-of-way issued pursuant
<br />to this subsection are subj ect to all conditions and requirements of this Act. 43
<br />U.S,C,,176l(c)(3)(C)
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<br />1 H: R, Rep, No, 99-554, 99~ Cong" 2d Session, p, 4 (1986),
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