164. Inasmuch as amended surveys are ordered only by special instructions from the General Land Office, and the conditions and circumstances peculiar to each separate case, and the object sought by the required amendment, alone govern all special matters relative to the manner of making such survey and the form and subject-matter to be embraced in the field notes thereof, but few general rules applicable to all cases can be laid down. 165. The amended survey must be made in strict conformity with, or be embraced within, the lines of the original survey. If the amended and original surveys are identical, that fact must be clearly and distinctly stated in the field notes. If not identical, a bearing and distance must be given from each established corner of the amended survey to the corresponding corner of the original survey. The lines of the original survey, as found upon the ground, must be laid down upon the preliminary plat in such manner as to contrast and show their relation to the lines of the amended survey. 166. The field notes of the amended survey must be prepared on the same size and form of blanks as are the field notes of the original survey, and the word "amended" must be used before the word "survey" wherever it occurs in the field notes. 167. Mineral surveyors are required to make full examinations of all placer claims at the time of survey and file with the field notes a descriptive report, in which will be described (a) The quality and composition of the soil, and the kind and amount of timber and other vegetation. (b) The locus and size of streams, and such other matter as may appear upon the surface of the claims. (e) The character and extent of all surface and under-ground workings, whether placer or lode, for mining purposes, locating and describing them. (d) The proximity of centers of trade or residence. (e) The proximity of well-known systems of lode deposits or of individual lodes. (f) The use or adaptability of the claim for placer mining, and whether water has been brought upon it in sufficient quantity to mine. the same, or whether it can be procured for that purpose. (g) What works or expenditures have been made by the claimant or his grantors for the development of the claim, and their situation and location with respect to the same as applied for. (h) The true situation of all mines, salt licks, salt springs, and mill sites which come to the surveyor's knowledge, or a report by him that none exist on the claim, as the facts niay warrant. (2) Said report must be made under oath and duly corroborated by one or more disinterested persons. 168. The employing of claimants, their attorneys, or parties in interest, as assistants in making surveys of mineral claims, will not be allowed. 169. The field work must be accurately and properly performed and returns made in conformity with the foregoing instructions. Errors in the survey must be corrected at the surveyor's own expense, and if the time required in the examination of the returns is increased by reason of neglect or carelessness, he will be required to make an additional deposit for office work. He will be held to a strict accountability บ for the faithful discharge of his duties, and will be required to observe fully the requirements and regulations in force as to making mineral surveys. If found incompetent as a surveyor, careless in the discharge of his duties, or guilty of a violation of said regulations, his appointment will be promptly revoked. BINGER HERMANN, REGULATIONS CONCERNING RIGHT OF WAY FOR CANALS, DITCHES, AND RESERVOIRS OVER THE PUBLIC LANDS AND RESERVATIONS. in reservations. Sections 18, 19, 20, and 21 of the act of Congress ap- Right of way proved March 3, 1891 (26 Stat., 1095), entitled "An act to repeal timber-culture laws, and for other purposes," grant the right of way through the public lands and reservations of the United States for the use of canals, ditches, reservoirs heretofore or hereafter constructed by corporations, individuals, or associations of individuals upon the filing and approval of the papers and maps therein provided for. When the right of way is upon a reservation not within the jurisdiction of the Interior Department, the application must be filed in accordance with these regulations, and will be submitted to the Department having jurisdiction. A map and field notes of the portion within any reservation must be submitted, in addition to the duplicates required herein, except in the case of a forest or timber land reserve. This map and field notes must conform to all the provisions of this circular, and the local officers will forward them to this office. on adjacent The word adjacent, as used in section 18 of the act, in Material, etc., connection with the right to take material for construc- lands. tion from the public lands, must be construed according to the conditions of each separate case (28 L. D., 439). The right extends only to construction, and no public timber.or material may be taken or used for repair or improvements (14 L. D., 566). These decisions were rendered under the railroad right-of-way act, and are applied to this, as the words are the same in both. The sections above noted read as follows: Right of way granted to irriga SEC. 18. That the right of way through the public lands and reservations of the United States is hereby granted to any canal or ditch tion corporacompany formed for the purpose of irrigation, and duly organized tions. under the laws of any State or Territory, which shall have filed, or may hereafter file, with the Secretary of the Interior a copy of its articles of incorporation, and due proofs of its organization under the same, to the extent of the ground occupied by the water of the reser voir and of the canal and its laterals, and fifty feet on each side of the Material, etc., marginal limits thereof; also the right to take from the public lands on adjacent 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 Control of wa- 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. In reservations. ter. land. Right of way SEC. 19. That any canal or ditch company desiring to secure the on surveyed or unsurveyed benefits of this act shall, within twelve months after the location of ten miles of this 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 register 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 disfor posed of subject to such right of way. Whenever any person or cor Damages injuries. Right of way for individuals. poration, 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. SEC. 20. That the provisions of this act 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 herein 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 register of the land office where said land is located, a map of the line of such canal, ditch, or reservoir, as in a 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 heretofore filed shall have the benefits of this act from the date of their filing, as though filed under it: 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 herein 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. Extent of right SEC. 21. That nothing in this act 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. Forfeiture. of way. The act approved May 11, 1898 (30 Stat., 404), entitled "An act to amend an act to permit the use of the right of way through public lands for tramroads, canals, and reservoirs, and for other purposes," makes an important declaration in section 2 as to the purposes for which the |