Chapter 246. Amending an Act entitled “An Act authorizing and directing the Secretary of the Interior to sell to the city of Los Angeles, California, certain public lands in California; and granting rights in, over, and through the Sierra Forest Reserve, the Santa Barbara Forest Reserve, and the San Gabriel Timb
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CHAP. 246.— An Act Amending an Act entitled “An Act authorizing and directing the Secretary of the Interior to sell to the city of Los Angeles, California, certain public lands in California; and granting rights in, over, and through the Sierra Forest Reserve, the Santa Barbara Forest Reserve, and the San Gabriel Timberland Reserve, California, to the city of Los Angeles, California,” approved June 30, 1906. June 5, 1920. [[H. R. 406](/us/bill/66/hr/406).] [[Public, No. 257](/us/pl/66/257).] *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * Los Angeles, Calif.Vol. 34, p. 801, amended.
That section 1 of an Act entitled “An Act authorizing and directing the Secretary of the Interior to sell to the city of Los Angeles, California, certain public lands in California; and granting rights in, over, and through the Sierra Forest Reserve, the Santa Barbara Forest Reserve, and the San Gabriel Timberland Reserve, California, to the city of Los Angeles, California,” approved June 30, 1906, be, and the same is hereby, amended to read as follows: " “Section 1. That there is hereby granted to the city of LosRights of way granted to construct water supply plant, etc.
Angeles, California, a municipal corporation of the State of California, all necessary rights of way, not to exceed two hundred and fifty feet in width, over and through the public lands of the United States in the counties of Mono, Inyo, Kern, and Los Angeles, State of California,Through Mono, Inyo, Kern, and Los Angeles Counties, etc. and over and through the Inyo and Santa Barbara National Forests, and that portion of the Angeles National Forest situate and lying west of range six west, San Bernardino meridian, as established by the United States public land survey, and that portion of theSequoia National Forest, added.
Sequoia National Forest east of the crest of the Sierra Nevada Mountains, in said State, for the purpose of constructing, operating, and maintaining such canals, ditches, pipes and pipe lines, flumes, tunnels, and conduits for conveying water to the city of Los Angeles as have been heretofore constructed, and for the purpose of constructing, operating, and maintaining power and electric plants, poles, and lines for the generation and distribution of electric energy, together with such lands as the Secretary of the Interior may deem to be actually necessary for power houses, diverting and storage dams and reservoirs, and necessary buildings and structures to be used in connection with the construction, operation, and maintenance of said water power and electric plants whenever said city shall have filed as hereinafter provided, and the same shall have been approved by the Secretary of the Interior, a map or maps showing the boundaries, locations, and extent of said proposed rights of way for the purposes hereinabove set forth: *Provided, however, *That the grant*Proviso.* Lands excluded. hereby made shall not apply to lands located in the drainage basin of Kern River or in that portion of Mono County lying north and west of the Owens River drainage basin, and embracing Mono Lake drainage basin and Adobe Valley and Black Lake drainage basin, or to lands located upon Bishop Creek or its branches in Inyo County, 984 or to lands in the Fish Slough Reservoir site in the counties of Inyo and Mono, in said State, or to any lands which may be found to have been illegally purchased from the United States by said city, or to any lands the title to which was on the 31st day of October, 1919, or is now forfeitable to the United States by force of any Act of Congress.
” " Sec. 2. That section 2 of the Act entitled and approved as aforesaidVol. 34, p. 801, amended. be, and the same is hereby, amended to read as follows: " “Sec. 2. That on or before the 31st day of December, 1922, theMaps to be filed in land offices. city of Los Angeles shall file with the register of the United States land offices in the districts where the lands traversed by said rights of way are located a map or maps showing the boundaries, locations, and extent of said proposed rights of way, for the purpose? stated in section 1 of this act, and there shall also be filed within that time all desired changes of location, the amended map or mapsMaps of changes. necessary to show such changes of location to be filed in the same manner and subject to the same approval as are the original map or maps of location, but no construction work shall be commenced on any of said lands until the map or maps have been filed as herein provided and until said map or maps and the proposed plan of development have been approved by the Secretary of the Interior, and theAction of Secretary of Interior required. approval by the Secretary of the Interior of any amended map or maps showmg changes of location of said rights of way shall operate as an abandonment ipso facto by the city of Los Angeles, to the extent of such change or changes, of the rights of way indicated on the original map or maps: *Provided, *That any rights inuring to the*Provisos.* Rights begin with filing of maps. city of Los Angeles under this Act shall, on approval by the Secretary of the Interior of the map or maps and the plan of development referred to, relate back to the date of the filing of said map or maps with the register of the United States land office, as provided herein: *Provided, *That during the period allowed the city of Los Angeles, forGrants of other rights of way for water uses, allowed. filing maps or applications under this Act, the head of the department having jurisdiction over the lands, may grant easements or permits for rights of way, under any Act of Congress now in force or hereafter enacted, for pipes, pipe lines, canals, ditches, flumes, tunnels, or reservoirs for the conveyance, delivery, or storage of water for irrigation, mining, or domestic purposes, or for the generation of electric power, including rights of way for the construction of power plants, towers, transmission and distribution lines, for the generation andCondition. delivery of electricity, if after affording the city an opportunity to be heard, such head of department shall find that the easement or permit may be granted without destruction of or material interference with the works constructed or proposed to be constructed by the city and for which application is filed by said city within ninety days ofRight to make further grants reserved. notice of the possibly conflicting application: *Provided further, *That all rights of way herein and hereby granted and all other rights of way hereafter granted under general laws, for the purposes herein enumerated, over lands within the operation of this Act, shall be with the reservation of the power to thereafter grant other rights of way by easement or permit, conflicting with such prior grants or permits for the purpose of permitting crossing of rights of way,Conditions. including rights of way for roads, or for limited distances necessary common use of prior rights of way, under such conditions as the head of the department shall find necessary and shall determine to be properly protective against interference with and not detrimental to the construction, operation, and maintenance of the works of prior grantees or permittees.
" Sec. 3. That section 3 of the Act entitled and approved as aforesaidVol. 34, p. 801, amended. be, and the same is hereby, amended to read as follows: " “Sec. 3. That the rights of way hereby granted shall not be effectiveProtection to homestead, mining, etc.; ciaims. over any land upon which homestead, mining, or other existing valid 985 claims shall have been filed or made until the city of Los Angeles shall have procured proper relinquishments of all such entries and claims, or acquired title by due process of law and just compensation paidCompensation. to said entrymen or claimants and caused proper evidence of such fact to be filed with the Secretary of the Interior: *Provided, however, *That*Provisos.* Prior rights, etc., not impaired. this Act shall not apply to any lands embraced in rights of way heretofore approved under any Act of Congress, nor affect the adjudication of any pending applications for rights of way by the owner or owners of existing water rights, and that no private right, title, interest, or claim of any person, persons, or corporation, in or to any of the lands traversed by or embraced in said right of way shall be interfered with or abridged, except with the consent of the owner or owners or claimant or claimants thereof, or by due process of law, and just compensation paid to such owner or claimant: *Provided, *That theLands subject to homestead entry, etc., prior to filing maps by city. lands affected hereby shall in accordance with existing law continue to be subject to applications for homesteads, for rights of way for canals, ditches, or reservoirs, for the conveyance, delivery, or storage of water for irrigation, if same be filed in the proper United States land office prior to the filing of maps by the city of Los Angeles, showing the boundaries, location, and extent of the rights of way sought by said city, and the consideration and adjudication of such applications by the department having jurisdiction thereof shall be wholly upon the merits of such applications, unaffected by any possible conflict with the plans of said city: *And provided further, *That the grantGrant to Owens River Gorge power project not affected hereby. hereby made shall not apply to any lands or rights of way included in any application filed by, and thereafter approved to, any person or corporation for the development and transmission of hydroelectric power in connection with any project upon which actual construction work was being performed prior to June 30, 1906, on that portion of Owens River lying above the confluence of Rock Creek and said river, and locally known as Owens River Gorge, and upon which portion construction work may have been carried on continuously since that date: *Provided, *That such applications for rights of wayTime limit for applications. over or the right to use lands shall be filed within six months from the date of the passage of this Act: *And provided further, *That anyReservations as to irrigation rights. approval of rights of way for reservoir purposes for the storage of water for use in whole or in part for the generation of electric power, under the provisions of this Act, shall contain the express condition that such reservoirs shall not, without the consent of the parties having irrigation rights which would be affected by such storage, be used in such manner as will interfere with the use of such stored water for irrigation purposes, unless provision shall be made by said city for secondary storage for such irrigation use.
” " Sec. 4. That section 5 of the Act entitled and approved as aforesaidVol. 34, p. 803, amended. be, and the same is hereby, amended to read as follows: " “Sec. 5. That all lands over which the rights of way mentionedEasements granted. in this Act shall pass shall be disposed of, subject to such easements: *Provided, however, *That if the construction of said waterworks shall*Provisos.* Forfeiture for noncommencement. not have been begun in good faith within five years of the date of the approval of this Act, then all rights hereunder shall be forfeited to the United States: *And provided further, *That if any power or electricForfeiture as to noncompleted portion of work. works or structure to be used in connection therewith shall not be completed within five years after approval of the map or maps of rights of way for such works or structure as herein provided, or within such additional time as the Secretary of the Interior shall, in his discretion, grant, then such rights herein granted shall be forfeited as to any uncompleted portion of such works or structure, to the extent that the same is not completed at the date of the forfeiture.
” " 986 Sec. 5. That said Act entitled and approved as aforesaid be, andNew section. the same is hereby, amended by adding a new section thereto to read as follows: " “Sec. 8. That this Act is a grant upon certain expressed conditionsState laws affecting use of water not affected. specifically set forth herein, and nothing herein contained shall be construed as affecting or intended to affect or in anywise to interfere with the laws of the State of California, relating to the control, appropriation, use, or distribution of water used in irrigation or for municipal or other uses, or any vested right acquired thereunder, and the Secretaries of the Interior and Agriculture, respectively, and the city of Los Angeles, in carrying out the provisions of this Act, shall proceed in conformity with the laws of said State.
” " Approved, June 5, 1920.