Chapter 2533. Granting to the Central Colorado Power Company a right of way over certain public lands, for irrigation and electric power plants, in the State of Colorado
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CHAP. 2533.— An Act Granting to the Central Colorado Power Company a right of way over certain public lands, for irrigation and electric power plants, in the State of Colorado. March 2, 1907. [[H. R. 24118](/us/bill/34/hr/24118).] [[Public, No. 192](/us/pl/34/192).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That the Central ColoradoPublic lands.Central Colorado Power Company given right of way in Colorado.
Power Company, of Colorado, organized for the purpose of supplying water for the irrigation of lands and other beneficial uses, and for generating and distributing power for use by municipalities and the public generally, is hereby granted a right of way through the public lands of the United States in the State of Colorado, designated in theDesignation. manner following, namely:
(a)For a canal or ditch for carrying a part of the waters of the GrandCanal. River in Grand County, Colorado, from a point on the left bank of said river, whence the northwest corner of section twenty-three, town- ship one north, range eighty-one west of the sixth principal meridian bears north seven degrees fifty-eight minutes west four thousand and ninety-two and three-tenths feet; thence southwesterly through said section twenty-three and through sections twenty-two, twenty-seven, twenty-eight, thirty-two, and thirty-three, in said township and range, and sections five, six, and seven in township one south, range eighty- one west, to a reservoir for impounding said waters, situate in the south half of said section seven; and thence in a westerly direction to a power house situate on said Grand River in the west half of said section seven; and for said reservoir and for power-house grounds, allPower house and reservoir. as more particularly described in map and field notes of said canal approved by the Secretary of the Interior under the provisions of theVol. 31, p. 790. Act of February fifteenth, nineteen hundred and one, on the twenty- third day of November, nineteen hundred and six.
(b)For a reservoir for storing the waters of the Williams ForkStorage reservoir. River, in Grand County, Colorado, situate in sections twenty-three, twenty-five, twenty-six, twenty-seven, thirty-four, thirty-five, and thirty-six, in township one north, range seventy-nine west, sixth principal meridian, from the easterly end of the dam whereof the north- east corner of said section twenty-six bears south, twenty-six degrees east, two thousand one hundred and sixty-eight feet, as more particularly described in map and field notes of said reservoir approved by the Secretary of the Inferior under the provisions of Act of February fifteenth, nineteen hundred and one, on the eleventh day of June, nine- teen hundred and six. Sec. 2. That the grounds covered by the rights of way hereinExtent of lands granted. granted shall include fifty feet on each side of the center of said canals or ditches as constructed, and the grounds actually occupied and necessary for power house and station grounds and reservoirs, dams, and necessary buildings and structures to be used in connection with the construction, operation, maintenance, and use thereof, together with fifty feet on each side of the marginal limits of all such buildings, structures, and reservoirs, or such portion thereof as may be actually necessary for the construction, maintenance, operation, and use thereof, together with the right to submerge and flood such areas only as may be actually necessary to impound the water in said reservoir; also the right to take from the public lands adjacent to the line of the canal or ditch, material, earth, and stone necessary for the construction of such canal or ditch. Sec. 3. That the rights herein granted shall not be construed toIrrigation projects, etc. interfere with the control of water for irrigation and other purposes under the laws of the United States or of the state of Colorado. Sec. 4. That the Central Colorado Power Company shall be liableDamages to settlers. to any settler on the public domain whose possession it injures or dam- ages by the construction of any canal, ditch, or reservoir, and shall, within sixty days after the approval of this Act, file with the Secretary 1228of the Interior a bond, in a reasonable amount to be fixed by said official, to provide for the protection of any such settler. Sec. 5. Time of construction.That if any section of said canal, ditch, or reservoir shall not be completed within five years after the location of said section, or if, after construction, there shall be an abandonment of and failure to use such rights for a period of more than two years, the rights herein granted shall become forfeited as to any such uncompleted or unused section of said canal, ditch, or reservoir without further action by the Interior Department. Sec. 6. Vesting of rights.That the rights of wave herein granted shall become vested only upon the completion of the company’s works within five years after the date of the passage of this Act, but shall relate back to the date of the Act upon filing with the Secretary of the Interior proof of construction within the time allowed. Sec. 7. Payment for timber, etc.That the company shall pay to the United States the full value of all timber and wood cut, used, or destroyed within the right of way in constructing its works, and damages to cover the, injuries to the public lands caused by the digging of the canal and ditch, the laying of the pipe lines or constructing its power houses, and the flooding of the necessary areas for the reservoir; such values and the extent of such damages to be fixed by the Secretary of the Interior or someone designated by him. Sec. 8. Amendment.That Congress shall have power at any time to amend, modify, or repeal this Act. Approved, March 2, 1907.