Any canal or ditch company desiring to secure the benefits of sections 946 to 949 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 thereof by the United States, file with the officer, as the Secretary of the Interior may designate, of the land office for the district where such land is located a map of its canal or ditch and reservoir; and upon the approval thereof by the Secretary 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.
Notes of Decisions
Bijou Irrigation Dist. v. Empire Club, 804 P.2d 175 (Colo. 1991).
· cites it 3× “1102 (codified as amended at 43 U.S.C. § 947 (1988)). The Court also observed that the 1875 Act is “subject to the general rule of construction that any ambiguity in a grant is to be resolved favorably to a sovereign grantor.”
Pine River Irrigation Dist. v. United States, 656 F. Supp. 2d 1298 (D. Colo. 2009).
· cites it 4× “1891 Act § 19 ( 43 U.S.C. § 947 ). The Act further provided that following the Secretary’s approval, the right of way for these improvements would be noted on the relevant plats and thereafter “all lands over which such rights of way pass shall be disposed of subject to such…”
Roth v. United States, 326 F. Supp. 2d 1163 (D. Mont. 2003).
· cites it 2× “43 U.S.C. § 947 . Section 946 does not confer any rights independently of Section 947, and the two statutory provisions “are to be construed together.”
United States ex rel. Sierra Land & Water Co. v. Ickes, 84 F.2d 228 (D.C. Cir. 1936).
“” *230 Section 19 of the Act of March 3, 1891 ( 43 U.S.C.A. § 947 ), provides: “Any canal or ditch company desiring to secure the benefits of this act [sections 946 to 949, inclusive], shall, within twelve months after the location of ten miles of its canal, if the same be upon…”
Cupps v. Pioneer Canal-Lake, 955 F.3d 850 (10th Cir. 2020).
“” 43 U.S.C. § 947 . Only upon filing its map could the company receive its easement.”
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