Chapter 2076. Granting the Edison Electric Company a permit to occupy certain lands for electric-power plants in the San Bernardino, Sierra, and San Gabriel forest reserves, in the State of California
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CHAP. 2076.— An Act Granting the Edison Electric Company a permit to occupy certain lands for electric-power plants in the San Bernardino, Sierra, and San Gabriel forest reserves, in the State of California. May 1, 1906. [[H. R. 11490](/us/bill/34/hr/11490).] [[Public, No. 141](/us/pl/34/141).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That upon the conditionsCalifornia.Edison Electric Company.May occupy lands for electric-power plants in certain forest reserves. herein named the Edison Electric Company, a corporation existing under the laws of the State of Wyoming, and engaged in generating and distributing electric energy for use by municipalities and the public generally for lighting and power purposes, is hereby granted a permit, the duration of which shall be fixed by the Secretary of the interior immediately after the passage of this Act. revocable during the term fixed by said Secretary only in the manner and for the causes hereinafter specified, to occupy and use lands, to be designated in the manner hereinafter specified, within the San Bernardino, Sierra, and San Gabriel forest reserves, in the State of California, for canals, conduit lines, pole lines, power houses, diverting dams, necessary grounds to be submerged above the diverting dams, and necessary buildings and structures for the water-power plants hereinafter described, forPower plants. the generation, transmission, and distribution of electrical power, namely:
(a)For the diversion of the waters of Mill Creek from a point onDescription of lands.Mill Creek in San Bernardino Forest Reserve. Mill Creek in the southeast quarter of the northeast quarter section eight, township one south, range one west, San Bernardino base and meridian, and the conveyance of said waters thence westwardly and southwestwardly through said section eight and through sections seven and eighteen, township one south, range one west, San Bernardino base and meridian, and thence westwardly through section 164thirteen, township one south, range two west, San Bernardino base and meridian, to a power house situated on Mill Creek, in the southwest quarter of the northeast quarter of said section thirteen, in the San Bernardino Forest Reserve.
(b)Mill Creek continued. For the diversion of the waters of Mill Creek from a point on Mill Creek in the northwest quarter of the northeast quarter of section thirteen, township one south, range one west. San Bernardino base and meridian; thence westwardly through said section thirteen and through sections fourteen, fifteen, sixteen, seventeen, and eighteen, township one south, range one west, San Bernardino base and meridian, and westwardly through section thirteen, township one south, range two west. San Bernardino base and meridian, to a power house on Mill Creek, in the southwest quarter of the northeast quarter of said section thirteen, in the San Bernardino Forest Reserve.
(c)Santa Ana River. For the diversion of the waters of the Santa Ana River from a point on Santa Ana River in the southwest quarter of the northwest quarter of section twenty, township one north, range one west. San Bernardino base and meridian; thence south westwardly through said section twenty and through section nineteen, township one north, range one west, San Bernardino base and meridian, and sections twenty- four, twenty-three, and twenty-six, township one north, range two west. San Bernardino base, and meridian, to a power house situated on Santa Ana River, in the northwest quarter of the northeast quarter of said section twenty-six. in the San Bernardino Forest Reserve.
(d)Santa Ana River continued. For the diversion of the waters of Santa Ana River from a point on Santa Ana River in the northwest quarter of the northeast quarter of section twenty-six. township one north, range two west, San Bernardino base and meridian; thence westwardly, southwardly, and southwestwardly through said section twenty-six and through section thirty-live, township one north, range two west, San Bernardino base and meridian, and section thirty-four, township one north, range two west, San Bernardino base and meridian, to a power house situated on Santa Ana River, in the southwest quarter of the northeast quarter of said section thirty-four, in the San Bernardino Forest Reserve.
(e)Lytle Creek in San Gabriel and San Bernardino forest reserves. For the diversion of the waters of Lytle Creek from a point on Lytle Creek in the southwest quarter of the northwest quarter of section twenty-six, township two north, range six west, San Bernardino base and meridian, in the San Gabriel Forest Reserve; thence northeastwardly, eastwardly, and southeastwardly through said section twenty-six and through sections twenty-five and thirty-six, township two north, range six west. San Bernardino base and meridian, to the eastern boundary of said section thirty-six and the western boundary of the San Bernardino Forest Reserve: thence southwardly through section thirty-one. township two north, range five west, San Bernardino base and meridian, in the San Bernardino Forest Reserve, and southeastwardly through section six, township one north, range five west, San Bernardino base and meridian, to a power house in the northeast quarter of the northwest quarter of said section six, in the San Bernardino Forest Reserve.
(f)Kern River in Sierra Forest Reserve. For the diversion of the waters of Kern River from a point on Kern River, in the southwest quarter of the northwest quarter of section five, township twenty-eight south, range thirty-one east, Mount Diablo base and meridian; thence southwardly and southwestwardly through said section five and sections six and seven, township twenty-eight south, range thirty-one east. Mount Diablo base and meridian, and sections twelve, thirteen, twenty-four, and twenty-six, township twenty-eight south, range thirty east. Mount Diablo base and meridian, and westwardly, northwestwardly and southwestwardly through sections twenty-six. twenty-seven, twenty-two and twenty-eight, township 165twenty-eight south, range thirty east, and westwardly and northwestwardly through sections twenty-nine and thirty, township twenty-eight south, range thirty west. Mount Diablo base and meridian, to a power house in the northeast quarter of the southeast quarter of said section thirty, in the Sierra Forest Reserve.
(g)For the diversion of the waters of Kern River from a point onKern River continued. Kern River in the northwest quarter of the northeast quarter of section fifteen, township twenty-seven south, range thirty-two east. Mount Diablo base and meridian; thence southwardly and southwestwardly through said section fifteen and sections sixteen, seventeen, twenty, nineteen, and thirty, township twenty seven south, range thirty-two east, and westwardly through section twenty-five, township twenty-seven south, range thirty-one east, Mount Diablo base and meridian, and southwestwardly through sections twenty-six, thirty-five, and thirty-four, township twenty-seven south, range thirty-one east, and westwardly and southwestwardly through section thirty-three, township twenty-seven south, range thirty-one east, and sections four and live, township twenty-eight south, range thirty-one east, Mount Diablo base and meridian, to a power house in the northwest quarter of the southwest quarter of said section five, in the Sierra Forest Reserve.
(h)For the diversion of the waters of Kern River from a point onKern River continued. Kern River in the southeast quarter of the southwest quarter of section twelve, township twenty-three south, range thirty-two east, Mount Diablo base and meridian: thence southwardly and southeastwardly through said section twelve and sections thirteen, twenty-four, and twenty-five, township twenty-three south, range thirty-two east. Mount Diablo base and meridian, and southeastwardly through sections thirty, thirty-one, and thirty-two, township twenty-three south, range thirty- three east, Mount Diablo base and meridian, and southeastwardly, southwestwardly, and southwardly through sections five, eight, nine, sixteen, and seventeen, township twenty-four south, range thirty- three east, Mount Diablo base and meridian, and southwestwardly and southeastwardly through sections twenty, twenty-nine, thirty-two, and thirty-three, township twenty-four south, range thirty-three east, and southeastwardly and southwestwardly through sections three, ten, and nine, township twenty-live south, range thirty-three east. Mount Diablo base, and meridian, to a power house in the northeast quarter of the northeast quarter of said section nine, in the Sierra Forest Reserve.
(i)For the diversion of the waters of Kern River from a point onKern River continued. Kern River in the southeast quarter of the northwest quarter of section five, township twenty-one south, range thirty-three east. Mount Diablo base and meridian; thence southwestwardly and southwardly through said section five and sections six, seven, eighteen, nineteen, thirty, and thirty-one. township twenty-one south, range thirty-three east, Mount Diablo base and meridian, and southwardly, southeastwardly. and southwestwardly through sections six, seven, and eighteen, township twenty-two south, range thirty-three east. Mount Diablo base and meridian, and southwestwardly through sections twenty-four, twenty-five, and thirty-six, township twenty-two south, range thirty- two east, Mount Diablo base and meridian, to the southeast quarter of the southwest quarter of said section thirty-six. township twenty-two south, range thirty-two east. Mount Diablo base and meridian: also southeastwardly through section twenty-five, township twenty-two south, range thirty-two east. Mount Diablo base and meridian, and southeastwardly and southwestwardly through sections thirty and thirty-one, township twenty-two south, range thirty-three east, Mount Diablo base and meridian, and southwestwardly through sections six and seven, township twenty-three south, range thirty-three east, Mount Diablo base and meridian, and westwardly through section twelve, 166township twenty-three south, range thirty-two east, Mount Diablo base and meridian, to a power house on the northwest quarter of the southeast quarter of said section twelve, in the Sierra Forest Reserve. Construction permits.Permits for the construction of each of the foregoing power plants having been heretofore granted by the Interior or Agricultural Departments. Sec. 2. Area covered by permits. That the ground covered by the permit hereby granted shall include fifty feet on each side of the center of said canals or conduit lines and on each side of said pole lines, or so much thereof as may be actually necessary for their installation, maintenance, and use, and the ground actually occupied by and necessary for power houses, diverting dams, and necessary buildings and structures to be used in connection with the operation and maintenance of said water-power plants, together with fifty feet on each side of the marginal limits of all of such buildings and structures, or such portion of said fifty feet as may be actually necessary for the efficient operation and maintenance of said power plants, dams, and other structures; also the right to submerge and flood at the intake of each of said power plants within said forest Limitreserves, not to exceed thirty acres in each case, such area only as may be actually necessary to divert the water into the several canal or conduit lines for said several power plants. Sec. 3. Maps. That within six months after the passage of this Act the Edison Electric Company shall tile with the register of the United States land office for the district where said power plants are located, and with the Forester of the Department of Agriculture, a map and such copies thereof as the Secretary of the Interior may prescribe, showing separately as to each power plant the ground occupied or proposed to be occupied by such canals or conduit lines, pole lines, power houses, and other buildings and structures used in connection with said electrical power plants. These maps shall show the dimensions of each building and structure and each diverting dam, and the areas which it will be necessary to submerge at the point of intake of Lands included subject to rights conveyed.each power plant and, after the tiling of said maps, all lands covered by this permit as shown on the maps, or to be occupied by such buildings and structures as shown, together with such portion of fifty feet on each side of the marginal limits thereof as may be actually necessary for the operation of the power plants, and such land as may be submerged by the construction and operation of said power plants, shall, when disposed of by the Government, be disposed of subject to the rights hereby granted unless said rights shall have terminated or shall have been revoked as herein provided prior to such disposal. Sec. 4. Regulations. That said company shall conform to all regulations adopted or prescribed by the Secretary of Agriculture or the Secretary of the Interior governing said forest reserves, or the use or the users thereof, and shall not take, cut, or destroy any timber within the forest reserves except such as it may be actually necessary to remove to construct its power plants and the structures pertaining thereto, and it shall be required to pay to the proper officer of the Forest Service the full value of all timber and wood cut, used, or destroyed by it within the forest reserves. Sec. 5. Irrigation projects not affected. That the privileges herein granted shall not be construed to interfere with the control of water for irrigation and other purposes under laws of the United States or of the State of California. Sec. 6. Private rights protected. That no private right, title, or interest owned by any person, persons, or corporation in such forest reserves shall be interfered with or abridged, except with the consent of the owner or owners, or by due process of law and just compensation to said owner or owners. Sec. 7. Revocation of permits. That if the said permittee shall fail to consummate and put in operation the said power plant specified in subdivision
(f)of section one hereof within two years from the date of the passage of this Act, or the power plant specified in subdivisions (g), (h), and
(i)of section 167one hereof within five years from the passage of this Act; then as to each of said power plants not completed and put in operation within the time herein limited this permit shall be deemed to be revoked without judicial or other proceeding; and a failure during any year after completion to operate any power plant provided for in this Act for a total time of ninety days in such year shall operate as a like revocation of this permit as to such plant or plants. Sec. 8. That the enjoyment of the permit hereby granted shall beViolation of forest-reserve laws, etc. subject at all times to all laws relating to the forest reserves, and to all rules and regulations authorized and established thereunder, and that,Punishment. for infraction of such laws, rules, or regulations the owner or user of said permit shall be subject to all fines and penalties imposed thereby, and shall also be liable in a civil action for all damages that may accrueDamages. from such breach, and that for any continued infraction of such laws, rules, or regulations, or failure to pay any amount due the ForestFailure to pay amount due Forest Service. Service from said company within sixty days of notice thereof, the Secretary of the Department of the Interior may, upon request of the Secretary of Agriculture, after due notice and hearing, revoke and vacate this permit: *Provided,* That the transfer of any lands from the*Proviso.*Permits not affected by transfer of jurisdiction. jurisdiction of one department to that of another shall in no wise affect this permit, but the power hereby vested in the Secretary shall, upon such transfer, be deemed to be transferred with the land. Sec. 9. That the said company shall pay annually in advance to thePayment for privileges granted, etc. proper officer of the Forest Service, as compensation for the privileges hereby granted, such reasonable sum as the Secretary of Agriculture may fix from year to year, and shall pay for wood or timber cut, removed, or destroyed as fast as the value thereof may be ascertained and charged by the Forester: *Provided.* That the Secretary of Agriculture,*Provisos.*Free access, etc., to agents of Forest Service. his agents and employees, and all officers of the Forest Service, shall have free and unrestricted access in, through, and across all lands and structures covered by said permit in the performance of their official duties, and the Secretary in charge of forest reserves may construct or permit to be constructed in through, or across any land covered by said permit roads or trails, public or otherwise, or other means of transportation, not inconsistent with the enjoyment of the permit hereby granted: *Provided further,* That the Edison Electric CompanyForest tires. shall, under penalty of immediate forfeiture of the permit hereby granted, when requested to do so, assist the forest officers in fighting tire, and shall furnish any men under its employ necessary for that purpose, and shall otherwise assist to the extent of its power in protecting the forest reserves and maintaining good order upon them. Sec. 10. That Congress shall have power at any time to amend,Amendment. modify, or repeal this Act. Approved, May 1, 1906.