---
kind: "range"
citation: "43 U.S.C. §§ 946–949"
title: "43"
from: "946"
to: "949"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/43/946..949"
---

# §946. Right of way to canal ditch companies and irrigation or drainage districts for irrigation or drainage purposes and operation and maintenance of reservoirs, canals, and laterals


The right of way through the [public lands](/usc/43/155.md?p=1) and reservations of the United States is granted to any canal ditch company, irrigation or drainage [district](/usc/43/316a.md?p=2) formed for the purpose of irrigation or drainage, and duly organized under the laws of any [State](/usc/43/31b.md?p=8) or Territory, and which shall have filed, or may hereafter file, with the [Secretary](/usc/43/31b.md?p=7) of the Interior a copy of its articles of incorporation or, if not a private corporation, a copy of the law under which the same is formed and due proof of its organization under the same, to the extent of the ground occupied by the water of any reservoir and of any canals and laterals and fifty feet on each side of the marginal limits thereof, and, upon presentation of satisfactory showing by the applicant, such additional rights of way as the [Secretary](/usc/43/31b.md?p=7) of the Interior may deem necessary for the proper operation and maintenance of said reservoirs, canals, and laterals; also the right to take from the [public lands](/usc/43/155.md?p=1) adjacent to the line of the canal or ditch, material, earth, and stone necessary for the construction of such canal or ditch: Provided, That no such right of way shall be so located as to interfere with the proper occupation by the Government of any such reservation, and all maps of location shall be subject to the approval of the department of the Government having jurisdiction of such reservation; and the privilege herein granted shall not be construed to interfere with the control of water for irrigation and other purposes under authority of the respective [States](/usc/43/31b.md?p=8) or Territories.


# §947. Map; damages to settlers


Any canal or ditch company desiring to secure the benefits of [sections 946 to 949](/usc/43/946..949.md) of this title shall, within twelve months after the location of ten miles of its canal, if the same be upon surveyed lands, and if upon unsurveyed lands, within twelve months after the [survey](/usc/43/31b.md?p=10) thereof by the United States, file with the officer, as the [Secretary](/usc/43/31b.md?p=7) of the Interior may designate, of the land office for the [district](/usc/43/316a.md?p=2) where such land is located a map of its canal or ditch and reservoir; and upon the approval thereof by the [Secretary](/usc/43/31b.md?p=7) of the Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way. Whenever any person or corporation, in the construction of any canal, ditch, or reservoir, 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.


# §948. Application to existing and future canals


The provisions of [sections 946 to 949](/usc/43/946..949.md) of this title shall apply to all canals, ditches, or reservoirs, heretofore or hereafter constructed, whether constructed by corporations, individuals, or [association](/usc/43/31b.md?p=2) of individuals, on the filing of the certificates and maps therein provided for. If such ditch, canal, or reservoir has been or shall be constructed by an individual or [association](/usc/43/31b.md?p=2) of individuals, it shall be sufficient for such individual or [association](/usc/43/31b.md?p=2) of individuals to file with the [Secretary](/usc/43/31b.md?p=7) of the Interior, and with the officer, as the [Secretary](/usc/43/31b.md?p=7) of the Interior may designate, of the land office where said land is located, a map of the line of such canal, ditch, or reservoir, as in case of a corporation, with the name of the individual owner or owners thereof, together with the articles of [association](/usc/43/31b.md?p=2), if any there be. Plats filed before March 3, 1891, shall have the benefits of [sections 946 to 949](/usc/43/946..949.md) of this title from the date of their filing, as though filed thereunder: Provided, That if any section of said canal or ditch shall not be completed within five years after the location of said section, the rights therein granted shall be forfeited as to any uncompleted section of said canal, ditch, or reservoir, to the extent that the same is not completed at the date of the forfeiture.


# §949. Use for canal or ditch only


Nothing in [sections 946 to 949](/usc/43/946..949.md) of this title shall authorize such canal or ditch company to occupy such right of way except for the purpose of said canal or ditch, and then only so far as may be necessary for the construction, maintenance, and care of said canal or ditch.