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<br />
<br />PUBLIC LAW 99-545-0CT. 27, 1986
<br />
<br />Public Law 99-545
<br />99th Cong-ress
<br />
<br />An Act
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<br />To authorize the Secretary of Agriculture to issue permanent easements for water
<br />conveyance systems in order to resolve title claims arising under Acts repealed by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 "the 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)(1) Upon receipt of a written application pursuant to para-
<br />graph (2) of this subsection from an applicant meetinsuire-
<br />men is subsection, the Secretary' of Agricultur shall' ue a
<br />erman ent without a requirement for reimb rsement, ror
<br />a wa r system as described in subsection (a)(l) 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 />syste~ is used solely for agricultural irrigation or livestock
<br />yY'aterln2 purposes;
<br />"(e) the use served by the water system is not located solely
<br />on Federal lands;
<br />, "(1)) 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 manligement 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 m 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 have 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-
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<br />100 STAT. 3047
<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 />
<br />National Forest
<br />System.
<br />
<br />Agriculture and
<br />agricultural
<br />commodities;
<br />Animals,
<br />
<br />Grants.
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