CHAPTER XXVI. EASEMENTS. Navigable Rivers Public Highways--Streams not Navigable, Banks of. If Lands Granted for Right of Way are not Used, etc., to Revert to § 487. § 488. § 489. § 490. Mineral Locators' Rights of Possession and Enjoyment. § 491. Right of Way in Intersecting Veins in Mines. § 492. What Conditions of Sales may be Made by Local Legislature. § 495. § 496. § 497. Private Lands and Possessory Claims, how Condemned. § 498. § 499. § 500. § 493. Vested Rights to Use of Water for Mining, etc.; Right of Way for § 494. Patents, Pre-emptions, and Homesteads Subject to Vested and Ac crued Water Rights. Right of Way, Materials, Station Grounds, etc., Granted to Railroads. Rights of Several Railroads through Canyon, Pass, or Defile-Crossing at Grade-Wagon Roads, Rights of. Profile of Road Claiming Benefits, when to be Filed-Disposal of Right to Alter, Amend, etc. Timber Lands to be Patented Subject to Accrued Right of Way and § 487. Navigable Rivers Public Highways-Stream not Navigable, Banks of.—All navigable rivers within the territory occupied by the public lands shall remain and be deemed public highways; and in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both. 1 Stat. 468; 2 Id. 235; R. S. 2476. § 488. Right of Way for Highways over Public Lands.-The right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted. 14 Stat. 253; R. S. 2477; Railway Co. v. Gordon, S. C. Mich., Oct. Term, 1879; 7 Copp's L. O. 158. § 489. If Lands Granted for Right of Way are not Used, etc., to Revert to the Government.-If any rail or plank road or macadamized turnpike company to whom the right of way or sites for watering places, depots, and workshops over and through the public lands of the United States was granted by the act of congress approved August 4, 1852, and by the acts amendatory thereto, shall at any time after its completion be discontinued or abandoned by said company or companies, the grants made by said acts shall cease and determine, and the lands shall revert back to the United States. 10 Stat. 28, 29, 683; 12 Id. 577; Decision Com. G. L. O., July 16, 1857. $490. Mineral Locators' Rights of Possession and Enjoyment.— The locators of all mining locations heretofore made, or which shall hereafter be made, on any mineral vein, lode, or ledge, situated on the public domain, their heirs and assigns, where no adverse claim exists on the tenth day of May, 1872, so long as they comply with the laws of the United States, and with state, territorial, and local regulations not in conflict with the laws of the United States governing their possessory title, shall have the exclusive right of possession and enjoyment of all the surface included within the lines of their locations, and all veins, lodes, and ledges, throughout their entire depth, the top or apex of which lies inside of such surface lines extended downward vertically, although such veins, lodes, or ledges may so far depart from a perpendicular in their course downward as to extend outside the vertical side lines of such surface locations. But their right of possession to such outside parts of such veins or ledges shall be confined to such portions thereof as lie between vertical planes drawn downward as above described, through the end lines of their locations, so continued in their own direction that such planes will intersect such exterior parts of such veins or ledges. And nothing in this section shall authorize the locator or possessor of a vein or lode which extends in its downward course beyond the vertical lines of his claim to enter upon the surface of a claim owned or possessed by another. 17 Stat. 91; 19 Id. 52; R. S. 2322. § 491. Right of Way in Intersecting Veins in Mines.—Where two or more veins of mining claims intersect or cross each other, the owners of the mine last located shall have the right of way through the space of intersection for the purposes of the convenient working of the mine. 17 Stat. 96; 19 Id. 52; R. S. 2336. $ 492. What Conditions of Sale may be Made by Local Legislature. As a condition of sale, in the absence of necessary legislation by congress, the local legislature of any state or territory may provide rules for working mines, involving easements, drainage, and other necessary means to their complete development; and those conditions shall be fully expressed in the patent. 14 Stat. 252; 19 Id. 52; R. S. 2338. $493. Vested Rights to Use of Water for Mining, etc.; Right of Way for Canals.-Whenever, by priority of possession, rights to the use of water for mining, agricultural, manufacturing, or other purposes, have vested and accrued, and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, 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. 14 Stat. 253; R. S. 2339. § 494. Patents, Pre-emptions, and Homesteads Subject to Vested and Accrued Water Rights.-All patents granted, or pre-emption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding section. 16 Stat. 218; R. S. 2340. § 495. Right of Way, Materials, Station Grounds, etc., Granted to Railroads.-The right of way through the public lands of the United States is hereby granted to any railroad company duly organized under the laws of any state or territory, except the District of Columbia, or by the congress of the United States, which shall have filed 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 one hundred feet on each side of the central line of said road; also the right to take from the public lands adjacent to the line of said road, material, earth, stone, and timber, necessary for the construction of said railroad; also ground adjacent to such right of way for station buildings, depots, machine-shops, side-tracks, turn-outs, and water-stations, not to exceed in amount twenty acres for each station, to the extent of one station for each ten miles of its road. 18 Stat. 482. § 496. Rights of Several Railroads through Canyon, Pass, or Defile--Crossing at Grade-Wagon Roads, Rights of.-Any railroad company whose right of way, or whose track or road-bed upon such right of way, passes through any canyon, pass, or defile shall not prevent any other railroad company from the use and occupancy of the said canyon, pass, or defile for the purposes of its road, in common with the road first located, or the crossing of other railroads at grade. And the location of such right of way through any canyon, pass, or defile shall not cause the disuse of any wagon or other public highway now located therein, nor prevent the location through the same of any such wagon road or highway where such road or highway may be necessary for the public accommodation; and where any change in the location of such wagon road is necessary to permit the passage of such railroad through any canyon, pass, or defile, said railroad company shall, before entering upon the ground occupied by such wagon road, cause the same to be reconstructed at its own expense in the most favorable location, and in as perfect a manner as the original road; provided, that such expenses shall be equitably divided between any number of railroad companies occupying and using the same canyon, pass, or defile. 18 Stat. 482. § 497. Private Lands and Possessory Claims, how Condemned.— The legislature of the proper territory may provide for the manner in which private lands and possessory claims on the public lands of the United States may be condemned; and where such provision shall not have been made, such condemnation may be made in accordance with section 3 of the act entitled "An act to a d in the construction of a railroad and telegraph line from the Missouri river to the Pacific ocean, and to secure to the government the use of the same for postal, military, and other purposes, approved July 1, 1862," approved July 2, 1864. 13 Stat. 357; 18 Id. 482, 483. $498. Profile of Road Claiming Benefits, when to be Filed.Any railroad company desiring to secure the benefits of this act shall, within twelve months after the location of any section of twenty miles of its road, 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 profile of its road; and upon 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 right of way shall pass shall be disposed of subject to such right of way; provided, that if any section of said road shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any such uncompleted section of said road. 18 Stat. 483. § 499. Application of This Act.—This act shall not apply to any lands within the limits of any military, park, or Indian reservation, or other lands specially reserved from sale, unless such right of way shall be provided for by treaty stipulation or by act of congress heretofore passed. 18 Stat. 483. § 500. Right to Aller, Amend, etc.-Congress hereby reserves the right at any time to alter, amend, or repeal this act, or any part thereof. 18 Stat. 483. § 501. Use of Public Domain, etc., by Telegraph Company.Any telegraph company now organized, or which may hereafter be organized, under the laws of any state, shall have the right to construct, maintain, and operate lines of telegraph through and over any portion of the public domain of the United States, over and along any of the military or post roads of the United States which have been or may hereafter be declared such by law, and over, under, or across the navigable streams or waters of the United States; but such lines of telegraph shall be so constructed and maintained as not to obstruct the navigation of such streams and waters, or interfere with the ordinary travel on such military or post roads. 14 Stat. 221; 19 Id. 232; R. S. 5263. § 502. Use of Materials from Public Lands.-Any telegraph company organized under the laws of any state shall have the right to take and use, from the public lands through which its. lines of telegraph may pass, the necessary stone, timber, and other materials for its posts, piers, stations, and other needful uses in the construction, maintenance, and operation of its lines of telegraph, and may pre-empt and use such portion of the unoccupied public lands subject to pre-emption through which their lines of telegraph may be located as may be necessary for |