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of the damages to crops or other tangible improvements to the owner thereof, where agreement may be had as to the amount thereof; or, third, in lieu of either of the foregoing provisions, upon the execution of a good and sufficient bond or undertaking to the United States for the use and benefit of the entryman or owner of the land, to secure the payment of such damages to the crops or tangible improvements of the entryman or owner, as may be determined and fixed in an action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties thereon, such bond or undertaking to be in form and in accordance with rules and regulations prescribed by the Secretary of the Interior and to be filed with and approved by the manager of the local land office of the district wherein the land is situate, subject to appeal to the Director of the Bureau of Land Management. All patents issued for the coal or other mineral deposits herein reserved shall contain appropriate notations declaring them to be subject to the provisions of this chapter with reference to the disposition, occupancy, and use of the surface of the land.
CHAPTER 117-APPROPRIATION OF WATERS
RESERVOIR SITES Sec. 1921. Appropriation of waters on public lands; rights-of-way for canals and
ditches. 1922. Reservation of reservoir sites generally. 1923. Restriction of reservoir sites to inclusion of necessary lands. 1924. Rights of way over reservoir sites generally. 1925. Rights of way over reservoir sites, roads, railroads, or other highways. 1926. Suits for adjudication of water rights—Joinder of United States as de
$ 1921. Appropriation of waters on public lands; right-of-way
for canals and ditches Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued on the public lands not reserved for public uses, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and a right-of-way or easement for the construction of ditches, canals and other works for the purposes herein specified is acknowledged and confirmed. Whenever any person, in the construction of any ditch, canal, or other works injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
All patents granted, or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by this section. § 1922. Reservation of reservoir sites generally
Sites for reservoirs and other hydraulic works necessary for the storage and utilization of water for irrigation and the prevention of floods and overflows, located or selected by the United States Geological Survey prior to August 30, 1890, and reservoir sites thereafter located or selected by said Survey on public lands shall be reserved from entry or settlement, except that from the date of the location or selection thereof the President may at any time in his discretion, by proclamation, open any portion or all of the lands reserved by this provision to settlement under the homestead laws. 8 1923. Restriction of reservoir sites to inclusion of necessary
lands Reservoir sites located or selected by the United States Geological Survey shall be restricted to and shall contain only so much land as is actually necessary for the construction and maintenance of reservoirs; excluding so far as practicable lands occupied by actual settlers at the date of the location of said reservoirs.
§ 1924. Rights-of-way over reservoir sites generally
All reservoir sites reserved on public lands shall be open to use and occupation under sections 946 to 949, inclusive, of title 43, United States Code, 1946 edition, and any State may improve and occupy such reservoir sites to the same extent as an individual or private corporation, under such rules and regulations as the Secretary of the Interior may prescribe. The charges for water coming in whole or in part from reservoir sites used or occupied under the provisions of this section shall always be subject to the control and regulation of the respective States and Territories in which such reservoirs are in whole or in part situate. 8 1925. Rights-of-way over reservoir sites, roads, railroads, or
other highways In the form provided by law the Secretary of the Interior may file and approve surveys and plats of any rights-of-way for roads, railroads, or other highways over and across reservoir sites on public lands when in his judgment the public interests will not be injuriously affected thereby § 1926. Suits for adjudication of water rights-Joinder of United
States as defendant; costs (a) Consent is given to join the United States as a defendant in any suit (1) for the adjudication of rights to the use of water of a river system or other source, or (2) for the administration of such rights, where it appears that the United States is the owner of or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise, and the United States is a necessary party to such suit. The United States, when a party to any such suit, shall (1) be deemed to have waived any right to plead that the State laws are inapplicable or that the United States is not amenable thereto by reason of its sovereignty, and (2) shall be subject to the judgments, orders, and decrees of the court having jurisdiction, and
may obtain review thereof, in the same manner and to the same extent as a private individual under like circumstances. No judgment for costs shall be entered against the United States in any such suit.
(b) Summons or other process in any such suit shall be served upon the Attorney General or his designated representative.
(c) Nothing in this section shall be construed as authorizing the joinder of the United States in any suit or controversy in the Supreme Court of the United States involving the right of States to the use of the water of any interstate stream.
PART V-FEDERAL REGULATION AND
DEVELOPMENT OF POWER CHAPTER 121. FEDERAL POWER COMMISSION ; DEVELOPMENT OF WATER POWER AND
RESOURCES 123. REGULATION OF ELECTRIC UTILITY COMPANIES ENGAGED IN INTERSTATE
COMMERCE 125. LICENSES AND PUBLIC UTILITIES; PROCEDURAL AND ADMINISTRATIVE
PROVISIONS---127. REGULATION OF NATURAL GAB.---129. BONNEVILLE POWER ADMINISTRATION AND DAM 131. FORT PECK DAM AND HYDROELECTRIC POWER PLANT_
2101 2181 2301 2351
CHAPTER 121–FEDERAL POWER COMMISSION; DEVEL
OPMENT OF WATER POWER AND RESOURCES
Sec. 2001. Definitions. 2002. Federal Power Commission; number and appointment; term, qualifications,
vacancies, quorum, and chairman; salary and sessions. 2003. Officers and employees of Commission; details; expenditures. 2004. General powers of Commission. 2005. Notice of applications for permits, licenses. 2006. Purpose and scope of preliminary permits; transfer and cancellation. 2007. Limitations on licensing power of Commission. 2008. Annual report to Congress. 2009. Licenses; duration, conditions, revocation, alteration, or surrender. 2010. Preferences in issuance of preliminary permits or licenses. 2011. Transfer of license; obligations of transferee. 2012. Information to accompany application for license. 2013. Conditions of license generally.
Sec. 2014. Public service licensee; regulation by State or by Commission as to service,
rates, and charges; complaints; Jurisdiction. 2015. Waiver of conditions. 2016. Project works affecting navigable waters; requirements insertable in
license. 2017. Participation by Government in payment of cost of locks and navigation
structures. 2018. Time limit for construction of project works; extension of time; termina
tion or revocation of licenses for delay. 2019. Action for revocation of license or to prevent violations of license. 2020. Right of Government to take over project works; compensation; condem
nation by Federal or State Government ; exception. 2021. New licenses and renewals; compensation of old licensee. 2022, Contract to furnish power extending beyond period of license; obligations
of new licensee. 2023. Temporary use by Government of project works for national safety; com
pensation for use. 2024. Disposition of charges arising from licenses ; delinquencies, penalties. 2025. Construction of lights, signals, fishways required; operation of navigation
facilities; rules and regulations; penalties. 2026. Power entering into interstate commerce; regulation of rates, charges, and
issuance of securities. 2027. Exercise by licensee of power of eminent domain; jurisdiction. 2028. Existing rights not affected, licenses; value of projects to be determined. 2029. Protection of navigable waters, preservation of rights; projects not affecting
navigable waters. 2030. Public lands included in project; reservation of lands from entry; opening
lands for entry. 2031. National Park System and miscellaneous areas; exception. 2032. State laws and water rights unaffected. 2033. Reservation of right to alter or repeal chapter. 2034. Saving clause. $ 2001. Definitions
(a) As used in this chapter and chapters 123, 125, and 127 of this title: (1) “Commission” and “Commissioner", standing alone,
, mean the Federal Power Commission, and a member thereof, respectively;
(2) “Corporation" means any corporation, joint-stock company, partnership, association, business trust, organized group of persons, whether incorporated or not, or a receiver or receivers, trustee or trustees of any of the foregoing. It shall not include “municipalities” as hereinafter defined;
(3) "Licensee" means any person, State, or municipality licensed under the provisions of section 2004 of this title, and any assignee or successor in interest thereof.
(4) “Municipality” means a city, county, town, township, irrigation district, drainage district, or other political subdivision or agency of a State competent under the laws thereof to carry on the business of developing, transmitting, utilizing, or distributing power;
(5) "Security” means any note, stock, treasury stock, bond debenture, or other evidence of interest in or indebtedness of a corporation subject to any of the provisions of this part;
(6) "State” includes the District of Columbia, and any organized Territory of the United States;
(7) Except in chapter 127 of this title, “State commission” means the regulatory body of the State or municipality having jurisdiction to regulate rates and charges for the sale of electric energy to consumers within the State or municipality.
(8) "Federal power law” means this chapter and chapters 123 and 125 of this title. (b) As used in this chapter:
(1) "Government dam” means a dam or other work constructed or owned by the United States for Government purposes with or without contribution from others;
(2) “Municipal purposes” means and includes all purposes within municipal powers as defined by the constitution or laws of the State or by the charter of the municipality;
(3) "Navigable waters” means those parts of streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several States, and which either in their natural or improved condition notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce, including therein all such interrupting falls, shallows, or rapids together with such other parts of streams as shall have been authorized by Congress for improvement by the United States or shall have been recommended to Congress for such improvement after investigation under its authority;
(4) “Net investment” in a project means the actual legitimate original cost thereof as defined and interpreted in the "classification of investment in road and equipment of steam roads, issue of 1914, Interstate Commerce Commission", plus similar costs of additions thereto and betterments thereof, minus the sum of the following items properly allocated thereto, if and to the extent that such items have been accumulated during the period of the license from earnings in excess of a fair return on such investment: (a) Unappropriated surplus, (b) aggregate credit balances of