Chapter CXVII. to grant the Right of Way to the “Humboldt Canal Company” through the Public Lands of the United States
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CHAP. CXVII.— An Act to grant the Right of Way to the “Humboldt Canal Company” through the Public Lands of the United States.June 12, 1866. *Be it enacted by the Senate and House of Representatives of the UnitedRight of way through public lands granted to Humboldt Canal Company. States of America in Congress assembled,* That the right of way for a canal through the public lands of the United States lying in Humboldt county, State of Nevada, and the use of the land for tow-paths, cuttings, and embankments, to the extent of fifty feet on each side of the center of the canal, shall be, and is hereby, granted to the Humboldt Canal Company: *Provided,* That in cases where deep excavation or heavy embankmentProviso. is required, such greater width, not exceeding two hundred feet, may be taken by said company as may be necessary.
Sec. 2. *And be it further enacted,* That, in order to create a reservoirCertain public lands may be flowed to create a reservoir. for said company sufficient to feed said canal in all seasons said company shall be, and is hereby, authorized, by a dam across the Humboldt river, at such point at or near the gap in the Fremont range of mountains through which said river passes, to flow so much of the public lands above said dam as may be required for the purpose of said reservoir.
Sec. 3. *And be it further enacted,* That there shall be, and is hereby,Sites for waste gates, mill-sites, depots, &c. granted to said company the necessary sites along said canal for waste-gates, mill-sites, depots, and other uses of said canal, so far as places convenient for the same fall upon the public lands, and also the privilege of discharging the waste waters of said canal over any public lands into the said Humboldt river, at such places as may be suitable for that purpose: *Provided,* That the proper officers of said company shall transmit to theProviso. commissioner of the general land office a correct plat of the surveyPlan of location, &c., to be sent to general land office. and location of said canal, and of the sites needed for mills, depots, waste-gates, and other uses of said canal, before the appropriation thereof for said uses shall become operative: *And provided further,* That unless thirty miles of said canal shall be excavated within one year, [and] the wholeThis grant to cease, &c., unless, &c. within three years, from the date hereof, the grants hereby made shall cease and determine: *And provided further,* That if said canal shall at any time after its completion be discontinued or abandoned by said company, the grants hereby made shall cease and determine, and the lands hereby granted shall revert to the United States: *And provided further,* That nothing in this act shall be so construed as to interfere with anyThis grant not to interfere with former grants to any railroad company. grant of the right of way and of public lands heretofore made to any railroad company.
Approved, June 12, 1866.