43 U.S.C. § 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

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The right of way through the public lands and reservations of the United States is granted to any canal ditch company, irrigation or drainage district formed for the purpose of irrigation or drainage, and duly organized under the laws of any State or Territory, and which shall have filed, or may hereafter file, with the Secretary 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 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 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 or Territories.

Notes of Decisions

Cited in 34 cases (6 in the last 5 years), 1927–2024 · leading case: California v. United States

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California v. United States (1978) scotus · cites it 2× “1101 , as amended, 43 U. S. C. § 946 , Congress provided for rights-of-way across the public lands to be used by "any canal or ditch company formed for the purpose of irrigation.”

United States v. New Mexico (1978) scotus · cites it 2× “See Right-of-Way Permit Act of 1891, 43 U. S. C. § 946 et seq.; Right-of-Way Permit Act of 1901, 43 U.”

Bijou Irrigation District v. Empire Club (1991) colo · cites it 4× “The District acquired its interest in that portion of the reservoir site at issue here on May 9, 1907, from the United States of America pursuant to the Act of March 3, 1891, authorizing grants of rights of way for irrigation and now codified at 43 U.S.C. § 946 (1988). The…”

Pine River Irrigation District v. United States (2009) cod · cites it 5× “[ 43 U.S.C. § 946 .] Sec. 19. That any canal or ditch company desiring to secure the benefits of this act [ 43 U.”

Grindstone Butte Project, a Tenancy in Common v. Thomas S. Kleppe, Secretary of the Interior (1981) ca9 · cites it 2× “43 U.S.C. § 946 . The court held that the Secretary of the Interior exceeded statutory authority by imposing conditions beyond the two specified in the Act.”

Hage v. United States (2002) uscfc “See Act of 1891, 43 U.S.C. § 946 ; Act of 1895, 43 U.S.C. § 956 ; and Act of 1901, 43 U.”

Rank v. (Krug) United States (1956) casd “1101 , 43 U.S.C.A. § 946 ; the Federal Water Power Act of 1920, as amended, 16 U.”

Rank v. Krug (1950) casd “While all of these except the latter dealt with the disposition of the public domain, it is significant that they recognized and affirmed water rights which existed under state laws, as property. It is hardly conceivable that Congress recognizing such rights as property on the…”

Hyrup v. Kleppe (1976) cod “He concluded that that statute was no longer in effect, having been superseded by the Act of March 3, 1891, 43 U.S.C. § 946 , and the Act of February 15, 1901, 43 U.”

Walker v. United States (2005) uscfc “570, 581 (2002) (“Hage II”) (citing Act of 1891, 43 U.S.C. § 946 ; Act of 1895, 43 U.S.C. § 956 ; and Act of 1901, 43 U.”

The Chemehuevi Tribe of Indians v. Federal Power Commission, Arizona Public Service Company, Intervenors (1973) cadc “1101 , as amended, 43 U.S.C. § 946 (1970); Act of May 14, 1896, ch.”

Natural Resources Defense Council v. Patterson (1992) caed “1101 , as amended, 43 U.S.C. § 946 ). 9 . Given this disposition, I need not reach the issue of plaintiffs’ standing if Section 8 is construed to merely protect the state's sovereignty.”

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