43 U.S.C. § 948

Application to existing and future canals

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The provisions of sections 946 to 949 of this title shall apply to all canals, ditches, or reservoirs, heretofore or hereafter constructed, whether constructed by corporations, individuals, or association 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 of individuals, it shall be sufficient for such individual or association of individuals to file with the Secretary of the Interior, and with the officer, as the Secretary 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, if any there be. Plats filed before March 3, 1891, shall have the benefits of sections 946 to 949 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.

Notes of Decisions

Cited in 10 cases (3 in the last 5 years), 1927–2024 · leading case: Pine River Irrigation District v. United States

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Pine River Irrigation District v. United States (2009) cod · cites it 2× “esignate, 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, if any there be: Provided, That if any…”

Grindstone Butte Project, a Tenancy in Common v. Thomas S. Kleppe, Secretary of the Interior (1981) ca9 “ver, that the 1891 Act contained two explicit conditions that, once satisfied, prevent forfeiture of a right-of-way: (1) each section of the proposed canal or ditch must be completed within five years after the “location” of that section, 43 U.S.C. § 948 , and (2) the main…”

Verde River Irrigation & Power Dist. v. Salt River Valley Water Users' Ass'n (1938) ca9 · cites it 3× “” 43 U.S.C.A. § 948 . Prior to 1925 the laws relating to the institution and construction of projects provided that the Secretary of the Interior should “make examinations and surveys for, and to locate and construct, * * * irrigation works for the storage, diversion, and…”

Peck v. Howard (1946) calctapp “’ ” While it is true, as contended by appellants, that section 20 of the act [ 43 U.S.C.A. § 948 ] contains a provision that the same shall apply to “all canals, ditches, or reservoirs, heretofore or hereafter constructed, whether constructed by corporations, individuals, or…”

United States ex rel. Sierra Land & Water Co. v. Ickes (1936) cadc “” Sections 18 and 19 must be construed together, as section 18 does not confer a right independently of section 19, and section 20 of the act ( 43 U.S.C.A. § 948 ) extends its provisions to apply to “all canals, ditches, or reservoirs, heretofore or hereafter constructed,…”

Roth v. United States (2003) mtd “” 43 U.S.C. § 948 . If an individual or association of individuals constructed the facility, it was sufficient under the Act “for such individual or association of individuals to file with the Secretary of the Interior, *1170 and with the officer.”

Hansen v. United States (2024) idd · cites it 2× “43 at 12); 43 U.S.C. § 948 (emphasis added). Plaintiff maintains his predecessors complied with the 1891 Act by filing maps to the government land office with their land patent applications, and that the USFS was aware the diversions and ditches existed and were being used to…”

White Cloud Ranch LLC v. United States (2024) idd · cites it 2× “62 at 11-13); 43 U.S.C. § 948 (emphasis added). Plaintiffs maintain their predecessors complied with the 1891 Act by filing maps to the government land office with their land patent applications, and that the USFS was aware the diversion and ditches existed and were being used…”

Humphreys Family Limited Partnership v. United States (2024) idd · cites it 2× “57 at 11-12); 43 U.S.C. § 948 (emphasis added). Plaintiffs maintain their predecessors complied with the 1891 Act by filing maps to the government land office with their Desert Land Act patent applications, and that the USFS was aware the diversions and ditches existed and were…”

United States v. Beaver Irr. Land & Power Co. (1927) ca8 “Section 20 of the act (43 USCA § 948; Comp. St. § 4936) provides “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,…”

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