BOARD01661

• Board Meeting Date: 1/27/2004
• Description: ISF Section - Federal Ditch Bill Easements and Associated By-Pass Flow Requirements
• Board Meetings - Doc Type: Memo

PUBLIC LAW 99-545-0CT. 27, 1986

Public Law 99-545
99th Congress

An Act

To authorize the Secretary of Agriculture to issue permanent easements for water
conveyance systems in order to resolve title claims arising under Acts repealed by
the Federal Land PoHey and Management Act of 1976, and for other purposes.

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Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. (a) For purposes of this Act, the term "the Act" means
the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1761).
(b) Section 501 of the Act is amended by adding at the end thereof
the following new subsection:
"(c)(1) Upon receipt of a written application pursuant to para-
graph (2) of this subsection from an applicant meeting the requir.,..
ments of this subsection, the Secretary' of Agriculture shall issue a
permanent easement, without a requirement for reimbursement, for
a water system as described in subsection (a)(1) of this section,
traversing Federal lands within the National Forest System ('Na-
tional Forest Lands'), constructed and in operation or placed into
operation prior to October 21, 1976, if-
"(A) the traversed National Forest lands are in a State where
the appropriation doctrine governs the ownership of water
rights;
"(B) at the time of submission of the application the water
system is used solely for agricultural irrigation or livestock
watering purposes;
"(C) the use served by the water system is not located solely
on Federal lands;
"(D) the originally constructed facilities comprising such
system have been in substantially continuous operation without
abandonment;
"(E) the applicant has a valid existing right, established under
applicable State law, for water to be conveyed by the water
system;
"(F) a recordable survey and other information concerning
the location and characteristics of the system as necessary for
proPer manllgement of National Forest lands is provided to the
Secretary of Agriculture by the applicant for the easement; and
"(G) the applicant submits such application on or before
December 31, 1996.
"(2)(A) Nothing in this subsection shall be construed as affecting
any grants made by any previous Act. To the extent any such
previous grant of right-of-way is a valid existing right, it shall
remain in full force and effect unless an owner thereof notifies the
Secretary of Agriculture that such owner elects to have a water
system on 8uch right-of-way governed by the provisions of this
subsectIon and submits a written application for issuance of an
easement pursuant to this subsection, in which case upon the issu-

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100 STAT. 3047

Oct. 27, 1986
[H,R. 2921]

Public lands.

43 use 1701
note.
43 use 1761.
National Forest
System.

Agriculture and
agricultural
commodities:
Animala.

Grants.

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