Chapter 174. Granting the El Paso and Rock Island Railway Company a right of way for its pipe lines and reservoir upon the Lincoln National Forest for the carrying and storage of water for railroad purposes
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CHAP. 174.— An Act Granting the El Paso and Rock Island Railway Company a right of way for its pipe lines and reservoir upon the Lincoln National Forest for the carrying and storage of water for railroad purposes. March 4, 1915.[[S. 2278](/us/bill/63/s/2278).][[Public, No. 323](/us/pl/63/323).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That a right of way is herebyLincoln National Forest, N. Mex.El Paso and Rock Island Railway Company granted pipe line right of way, etc., upon. granted to the El Paso and Rock Island Railway Company, a corporation organized under the laws of New Mexico, its successors and assigns, over, through, across, and upon the Lincoln National Forest, in the State of New Mexico, subject to the conditions herein contained, for the construction, maintenance, and operation of its present pipe lines now located thereupon, and such additions and extensions as it may make thereto, for the purpose of enabling it to carry water owned or in the future acquired by it to and along its railroad right of way situated outside of such national forest for use in its locomotive engines, cars, trains, railroad shops, and tanks, and other railroad purposes, together with a right of way over and right to improve, construct, maintain, use, and occupy the present reservoir site now used and occupied by such railroad company for the storage of water for such purposes: *Provided*, That the Secretary of Agriculture may upon*Proviso*.Forfeited for nonuser. abandonment or nonuse of the same for the purpose for which it is granted for a period not less than one year declare said right of way or any part thereof forfeited and annul the same.
Sec. 2. That the right of way hereby granted for such pipe linesArea granted. shall be so much as may be necessary only for such purposes, not to exceed, however, twenty-five feet on each side of the present center thereof where the same is already constructed, and an equal width for all extensions thereof, or additions thereto; and maps of the location of any such extensions or additions to such pipe lines shall be prepared by the company and submitted to the Secretary of Agriculture, in accordance with his directions with reference thereto, for his approval, and the right of way as to the same shall take effect from his approval thereof only.
Sec. 3. That the company shall conform to all and singular theNational forest regulations to be observed. regulations adopted or prescribed by the Secretary of Agriculture governing such national forest, or the use or users thereof, and shall not take, cut, or destroy any timber within the same except such as it may be actually necessary to remove to construct its said pipe lines and the structures pertaining thereto, and it shall pay to thePayment for timber. proper officer of the Forest Service the full value of all timber and wood cut, used, or destroyed by it within the said national forest.
Sec. 4. That no private right, title, or interest owned by any person,Rights, etc, not impaired. persons, or corporation in such national forest 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; nor shall the privileges herein granted be construed to interfere with the control of water for any purpose under the laws of the United States or of the State of New Mexico. Sec. 5.
That the enjoyment of the rights hereby granted shall beConditions. subject at all times to all laws relating to the national forests and to all rules and regulations authorized and established thereunder. ForPenalty for infraction of laws, etc. infraction of such laws, rules, or regulations the owner or user of such right of way shall be subject to all fines and penalties imposed thereby, and shall also be liable in a civil action for all damages that may accrue from such breach, and if such infractions are continuous and willful, or if there is continued failure on the part of such company to pay any amount due the forest service from said company, for a period of sixty days after notice of the continuance of such infraction or of the amount so due, the rights herein granted shall be and become forfeitable in accordance with law. 1196 Sec. 6.
Watering troughs to be maintained. That the company shall continue to maintain the present watering troughs and supply water as at present for the use of animals lawfully grazing upon such national forest or at such other place along such pipe line, in lieu thereof, as the officer in charge of such national forest shall from time to time direct. Sec. 7. Time for construction. That all right of way hereunder for such pipe line not constructed and in use within three years from the date hereof shall cease and determine at the expiration of such period.
Sec. 8. No recognition of claims to water, etc. That this Act shall not be construed as a recognition of any claim of the El Paso and Rock Island Railway Company, of or concerning water rights in the Hondo River or its tributaries, or of any claim of right to divert water from the watersheds of said streams, or as a waiver of any stipulation heretofore agreed to by the said company for use in the litigation concerning water rights pending in the United States district court for the district of New Mexico in which the United States and the said company are parties.
Approved, March 4, 1915.