damages for right of way as may be determined upon by agreement or in the courts, the question being one that does not fall within the jurisdiction of this Department. By section 21 of the act above quoted it will be seen that the approval of a map of a canal, ditch, or reservoir does not necessarily carry with it a right to the use of land 50 feet on each side, the approval of the Department granting only such right of way as the law provides. The width necessary for construction, maintenance, and care of a canal, ditch, or reservoir is not determined.

3. Whenever a right of way is located upon a reservation, the applicant must file a certificate to the effect that the right of way is not so located as to interfere with the proper occupation of the reservation by the Government. When the right of way is located on a forest or timber reserve, the applicant must file a stipulation under seal to take no timber from the reservation outside the right of way. In accordance with the provisions of the circular of February 24, 1898, the applicant will also be required to give bond to the Government of the United States, to be approved by the Commissioner of the General Land Office, such bond stipulating that the makers thereof will pay to the United States for any and all damage to the public lands, timber, natural curiosities, or other public property on such reservation, or upon the lands of the United States, by reason of such use and occupation of the reserve, regardless of the cause or circumstances under which such damage may occur." A bond furnished by any surety company that has complied with the provisions of the act of August 13, 1894 (28) Stat., 279), will be accepted, and must run in the terms of the stipulation above quoted. The amount of the bond can not be fixed until the application has been submitted to the General Land Office, when a form of bond will be furnished and the amount thereof fixed.

4. Canals, ditches, or reservoirs lying partly upon unsurveyed land can be approved if the application and accompanying maps and papers conform to these regulations, but the approval will only relate to that portion traversing the surveyed lands. (For right of way wholly on unsurveyed land, see paragraphs 16 and 17.)

5. Any incorporated company desiring to obtain the benefits of the law is required to file the following papers and maps with the register of the land district in which the canal, ditch, or reservoir is to be located, who will forward them to the General Land Office, where, after examination, they will be submitted to the Secretary of the Interior with recommendation as to their approval.

First. A copy of its articles of incorporation, duly certified to by the proper officer of the company under its corporate seal, or by the secretary of the State or Territory where organized.

Second. A copy of the State or Territorial law under which the company was organized (when organized under State or Territorial law), with certificate of the governor or secretary of the State or Ter

ritory that the same is the existing law. (See eleventh subdivision of this paragraph.)

Third. When said law directs that the articles of association or other papers connected with the organization be filed with any State or Territorial officer, the certificate of such officer that the same have been filed according to law, with the date of the filing thereof.

Fourth. When a company is operating in a State or Territory other than that in which it is incorporated, the certificate of the proper officer of the State or Territory is required that it has complied with the laws of that State or Territory governing foreign corporations to the extent required to entitle the company to operate in such State or Territory.

No forms are prescribed for the above portion of the "due proofs required, as each case must be governed to some extent by the laws of the State or Territory.

Fifth. The official statement, under the seal of the company, of the proper officer that the organization has been completed, that the company is fully authorized to proceed with construction according to the existing law of the State or Territory, and that the copy of the articles filed is true and correct. (See Form 1, p. 339.)

Sirth. A true list, signed by the president, under the seal of the company, showing the names and designations of its officers at the date. of the filing of the proofs. (See Form 2, p. 340.)

Seventh. A copy of the company's title or right to appropriate the water needed for its canals, ditches, and reservoirs, certified as required. by the State or Territorial laws. If the miner's inch is the unit used in such title, its equivalent in cubic feet per second must be stated. In cases where the right to appropriate the water has not been adjudicated under the local laws, a certified copy of the notice of appropriation will be sufficient. In cases where the notice of appropriation is accompanied by a map of the canal or reservoir it will not be necessary to furnish a copy of it if the notice describes the location sufficiently to identify it with the canal or reservoir for which the right of way application is made. In cases where the water-right claim has been transferred a number of times it is not necessary to furnish a copy of each instrument of transfer; an abstract of title will be accepted.

Eighth. A copy of the State or Territorial laws governing water rights and irrigation, with the certificate of the governor or secretary of the State or Territory that the same is the existing law. enth subdivision of this paragraph.)

(See elev

Ninth. A statement of the amount of water flowing in the stream supplying the canal, ditch, or reservoir, at the point of diversion or damming, during the preceding year or years. For this purpose it will be necessary to give the maximum, minimum, and average monthly flow in cubic feet per second, and the average annual flow. All avail

able data as to the flow is required. The method of measurement or estimate by which these results have been obtained must be fully stated. In case there is no well-defined flow which can be measured, the area of the watershed, average annual rainfall, and estimated run-off at the point of diversion or damming should be given.

Tenth. Maps, field notes, and other papers, as hereinafter required. Eleventh. If certified copies of the existing laws regarding corporations and irrigation, and of new laws as passed from time to time, be forwarded to this office by the governor or secretary of the State or Territory, the applicant may file, in lieu of the requirements of the second and eighth subdivisions of this paragraph, a certificate of the governor or secretary of state that no change has been made since a given date, not later than that of the laws last forwarded.

6. Individuals or associations of individuals making applications for right of way are required to file the information called for in the seventh, eighth, ninth, and tenth subdivisions of the previous paragraph. Associations of individuals must, in addition, file their articles of association; if there be none, the fact must be stated over the signature of each member of the association.

7. The maps filed must be drawn on tracing linen in duplicate, and must be strictly conformable to the field notes of the survey thereof. The maps should show other canals, ditches, laterals, or reservoirs with which connections are made, but all such canals, reservoirs, etc.. with which connection is made must be represented in ink of a different color from that used in drawing those for which the applicant asks right of way.

8. Field notes of the surveys must be filed in duplicate, should be separate from the map, and in such form that they may be folded for filing. Complete field notes should not be placed on the map, but only the station numbers where deflections or changes of numbering occur, station numbers with distances to corners where the lines of the public surveys are crossed, and the lines of reference of initial and terminal points, with their courses and distances. Typewritten field notes with clear carbon copies are preferred, as they expedite the examination of applications. The field notes should contain, in addition to the ordinary records of surveys, the data called for in this and in the following paragraphs. They should state which line of the canal was run-whether middle or side line. The stations or courses should be numbered in the field notes and on the map. The record should be so complete that from it the surveys could be accurately retraced by a competent surveyor with proper instruments. The field notes should show whether the lines were run on the true or the magnetic bearings, and in the latter case the variation of the needle and date of determination must be stated. The kind and size of the instrument used in running the lines and its minimum reading on the horizontal circle should be noted.

The line of survey should be that of the actual location of the proposed ditch and, as exactly as possible, the water line of the proposed reservoir. The method of running the grade lines of canals and the water lines of reservoirs must be described.

9. The scale of the map should be 2,000 feet to an inch in the case of canals or ditches and 1,000 feet to an inch in the case of reservoirs. The maps may, however, be drawn to a larger scale when needed to properly show the proposed works; but the scale must not be so greatly increased as to make the map inconveniently large for handling.

10. All subdivisions of the public surveys represented on the map should have their entire boundaries drawn, and on all lands affected by the right of way the smallest legal subdivisions (40-acre tracts and lots) must be shown.

11. The termini of a canal, ditch, or lateral should be fixed by reference of course and distance to the nearest existing corner of the public survey. The initial point of the survey of a reservoir should be fixed by reference of course and distance to the nearest existing corner outside the reservoir by a line which does not cross an area that will be covered with water when the reservoir is in use. The map, field notes, engineer's affidavit, and applicant's certificate (Forms 3 and 4) should each show these connections.

12. When either terminal of a canal, ditch, or lateral is upon unsurveyed land, it must be connected by traverse with an established corner of the public survey, if not more than six miles distant from it, and the single bearing and distance from the terminal point to the corner computed and noted on the map, in the engineer's affidavit, and in the applicant's certificate (Forms 3 and 4). The notes and all data for the computation of the traverse must be given in the field notes.

13. When the distance to an established corner of the public survey is more than 6 miles, this connection will be made with a natural object or a permanent monument which can be readily found and recognized and which will fix and perpetuate the position of the terminal point. The map must show the position of such mark and course and distance to the terminus. The field notes must give an accurate description of the mark and full data of the traverse as required above. The engineer's affidavit and applicant's certificate (Forms 3 and 4) must state the connections. These monuments are of great importance.

14. When a canal, ditch, or lateral lies partly on unsurveyed land, each portion lying within surveyed and unsurveyed land will be separately stated in the field notes and in Forms 3 and 4 by connections of termini, length, and width, as though each portion were independent. (See paragraphs 11, 12, and 13.)

15. When a reservoir lies partly on unsurveyed land, its initial point must be noted, as required for the termini of ditches in paragraph 11, and so that the reference line will not cross an area that will be covered

with water when the reservoir is in use. The areas of the several parts lying on surveyed and unsurveyed land must be separately noted on the map, in the field notes, and in Forms 3 and 4.

16. Maps showing canals, ditches, or reservoirs wholly upon unsurveyed lands may be received and placed on file in the General Land Office and the local land office of the district in which the same is located, for general information, and the date of filing will be noted thereon; but the same will not be submitted to nor approved by the Secretary of the Interior, as the act makes no provision for the approval of any but maps showing the location in connection with the public surveys. The filing of such maps will not dispense with the filing of maps after the survey of the lands and within the time limited in the act granting the right of way, which map, if in all respects regular when filed, will receive the Secretary's approval.

17. In filing such maps the initial and terminal points will be fixed as indicated in paragraphs 12 and 13.

18. Whenever the line of survey crosses a township or section line of the public survey, the distance to the nearest existing corner should be ascertained and noted. In the case of a reservoir the distance must

not be measured across an area which will be covered with water when the reservoir is in use, and permanent monuments must be set on the water line of the reservoir at the intersection of these lines of public survey. The map of the canal, ditch, or reservoir must show these distances and marks, and the field notes must give the points of intersection and the distances, and describe the marks. When corners are destroyed by the canal or reservoir, proceed as directed in paragraphs 21 and 22.

19. The map must bear a statement of the width of each canal, ditch, or lateral at high-water line. If not of uniform width, the limits of the deviations from it must be clearly defined on the map. The field notes should record the changes in such a manner as to admit of exact location on the ground. In the case of a pipe line, the diameter of the pipe should be stated. The map must show the source of water supply.

20. In applications for right of way for a reservoir, the capacity of the reservoir must be stated on the map in acre-feet (i. e., the number of acres that will be covered 1 foot in depth by the water it will hold; 1 acre-foot is 43,560 cubic feet). The map must show the source of water supply for the reservoir and the location and height of the dam. 21. Whenever a corner of the public survey will be covered by earth or water, or otherwise rendered useless, marked monuments (one on each side of destroyed corner) must be set on each township or section line passing through, or one on each line terminating at, said corner. These monuments must comply with the requirements for witness corners of the Manual of Surveying Instructions issued by this office