66. The applicant must file with each application under this act a stipulation, under seal, incorporating the conditions set forth in subdivisions 1, 2, 3, and 4 of paragraph 3.

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 the bond will be furnished and the amount fixed.

No construction can be allowed on the reservation until an application for right of way has been regularly filed in accordance herewith and has been approved by the Department, or has been considered and permission specifically given by the Secretary of the Interior.

67. Upon the filing of an application, under this act, the register will note the same in pencil on the tract books, opposite the tracts traversed, giving date of filing and name of applicant, and also indorse on each map the name of the land office and the date of the filing over his written signature.

If it does not appear that some portion of the public lands in reserve would be affected by the approval of such maps, they will be returned to the applicant with notice of that fact. If unpatented lands are affected by the proposed right of way, the register will so certify on the map and duplicate, over his signature, and will promptly transmit the same to the General Land Office, with report that the required notations have been made.

68. Upon the approval of a map of location by the Secretary of the Interior, the duplicate copy will be sent to the local officers, who will mark upon the township plats the lines of the right of way as laid down on the map. They will also note the approval in ink on the tract books, opposite each legal subdivision affected, with a reference to the act mentioned on the map.

W. A. RICHARDS, Commissioner.

Approved September 28, 1905.
THOS. RYAN, Acting Secretary.

FORMS FOR "DUE PROOFS" AND VERIFICATION OF MAPS OF RIGHT OF WAY FOR CANALS, DITCHES, AND RESERVOIRS.

I,

FORM 1.

secretary (or president) of the

Company, do hereby certify that the organization of said company has been completed; that the company is fully authorized to proceed with construction according to the existing laws of the State (or Territory) of ......, and that the copy of the articles of association (or incorporation) of the company filed in the Department of the Interior is a true and correct copy of the same.

In witness whereof I have hereunto set my name and the corporate seal of the company this day of ......, in the year 19..

[Seal of company.]

I,

FORM 2.

do certify that I am the president of the

Company, and that the following is a true list of the officers of the said company, with the full name and official designation of each, to wit: (Here insert the full name and official designation of each officer.)

In witness whereof I have hereunto set my name and the corporate seal of the company this ... day of

......

[Seal of company.]

in the year 19..

......

being duly sworn, says he is the chief engineer of (or the person employed to make the survey by) the Company; that the survey of said company's (canals, ditches, and reservoirs), described as follows: (Here describe each canal, ditch, lateral, and reservoir for which right of way is asked, as required, by paragraph 23, being a total length of canals, ditches, and laterals of ...... miles and a total area of reservoirs of. acres), was made by him (or under his direction) as chief engineer of the company (or as surveyor employed by the company) and under its authority, commenced on the day of 19.., and ending on the ....day of ......, 19.., a [and that the survey of the said (canal, ditches, laterals, and reservoirs) accurately represents (a proper grade line for the flow of water, and accurately represents a level line, which is the proposed water line of the said reservoir)], and that such survey is accurately represented upon this map and by the accompanying field notes. a [And no lake or lake bed, stream or stream bed, is used for the said (canals, ditches, laterals, and reservoirs) except as shown on this map.]

I,

do hereby certify that I am the president of the

Company; that who subscribed the accompanying affidavit, is the chief engineer of (or was employed to make the survey by) the said company; that the survey of the said (canals, ditches, laterals, and reservoirs), as accurately represented on this map and by the accompanying field notes, was made under authority of the company; that the company is duly authorized by its articles of incorporation to construct the said (canals, ditches, laterals, and reservoirs) upon the location shown upon this map; that the said (canals, ditches, laterals, and reservoirs), as represented on this map and by said field notes, was adopted by the company, by resolution of its board of directors, on the day of......, 19.., as the definite location of the said (canals, ditches, laterals, and reservoirs) described as follows-(describe as in Form 3)-a [and that no lake or lake bed, stream, or stream bed is used for the said (canals, ditches, laterals, and reservoirs) except as shown on this map]; and that the map has been prepared to be filed for the approval of the Secretary of the Interior, in order that the company may obtain the benefits of (sections 18 to 21, inclusive, of the act of Congress approved March 3, 1891, entitled "An act to repeal timberculture laws, and for other purposes," and section 2 of the act approved May 11, 1898); and I further certify that the right of way herein described is desired for the main purpose of irrigation.c

Attest:

[Seal of the company.]

President of the

Company.
Secretary.

a This clause to be omitted in applications for telephone and telegraph lines. Here insert the description of the act of Congress under which the application is made when filed under some other act than that of 1891 and 1898.

c Or, where filed under other acts than that of 1891 and 1898, state the purposes for which right of way is applied for.

FORM 5.

STATE OF............) County of. being duly sworn, says that he is the chief engineer of (or was employed to construct) the (canals, ditches, laterals, and reservoirs) of the ...... Company; that said (canals, ditches, laterals, and reservoirs) have been constructed under his supervision, as follows: (Describe as required in paragraph 23) a total length of constructed (canals, ditches, and laterals) of miles, and a total area of constructed reservoirs of ... acres; that construction was commenced on the ..... day of 19.., and completed on the .... day of ......, 19..; that the constructed (canals, ditches, laterals, and reservoirs), as aforesaid, conform to the map and field notes which received the approval of the Secretary of the Interior on the ...... day of 19...

Sworn and subscribed to before me this .... day of [SEAL.]

......, 19...

Notary Public.

I,

FORM 6.

do certify that I am the president of the ....

company; that the (canals, ditches, laterals, and reservoirs) described as follows (describe as in Form 5) were actually constructed as set forth in the accompanying affidavit of . chief engineer (or the person employed by the company in the premises), and on the exact location represented on the map and by the field notes approved by the Secretary of the Interior, on the .... day of .., 19..; and that the company has in all things complied with the requirements of the act of Congress a (March 3, 1891, granting right of way for canals, ditches, and reservoirs through the public lands of the United States).

being duly sworn, says he is the chief engineer of (or the person employed by) the company, under whose supervision the survey was made of the grounds selected by the company for structures for electrical purposes under the act of Congress approved February 15, 1901, said grounds being situated in the quarter of the .... quarter of section township range principal meridian; that the accompanying drawing correctly represents the locations of the said structures; and that in his belief the structures represented are actually and to their entire extent required for the necessary uses contemplated by the said act of February 15, 1901 (31 Stat., 790).

Chief Engineer.

a Here insert the description of the act of Congress under which the application is made, when filed under some other act than that of 1891.

FORM 8.

[Under act of February 15, 1901.]

company;

I, do hereby certify that I am the president of the that the survey of the structures represented on the accompanying drawing was made under authority and by direction of the company, and under the supervision of.... its chief engineer (or the person employed in the premises), whose affidavit precedes this certificate; that the survey as represented on the accompanying drawing actually represents the structures required in the quarter of the.... quarter of section...., of township ...., of range principal meridian, for electrical purposes, under the act of Congress, approved February 15, 1901; and that the company, by resolution of its board of directors, passed on the.... day of ......, 19.., directed the proper officers to present the said drawing for the approval of the Secretary of the Inte rior, in order that the company may obtain the use of the grounds required for said structures, under the provisions of said act approved February 15, 1901 (31 Stat., 790). President of the ... Company.

[Seal of the company.] Attest:

Secretary.

FORM 9.

Reservoir declaratory statement.

[Under act of Jan. 13, 1897 (29 Stat., 484).]

RES. D. S.

No.

I,

LAND OFFICE AT

19..

company,

of ......, do hereby certify that I am president of the

and on behalf of said company, and under its authority, do hereby apply for the reservation of land in County, State of ......, for the construction and use of a reservoir for furnishing water for live stock under the provisions of the act of January 13, 1897 (29 Stat., 484). The location of said reservoir and of the land necessary for its use, is as follows: of section.... in township ...., of range M., containing.

acres.

I hereby certify that to the best of my knowledge and belief the said land is not occupied or otherwise claimed, is not mineral or otherwise reserved, and that the said reservoir is to be used in connection with the business of the applicant of

The land owned or claimed by the applicant within the vicinity of the said reservoir (within three miles) is as follows:

I further certify that no part of the land to be reserved under this application is or will be fenced; that the same shall be kept open to the free use of any person desiring to water animals of any kind; that the land will not be used for any purpose except the watering of stock, and that the land is not, by reason of its proximity to other lands reserved for reservoirs, excluded from reservation by the regulations and rulings of the land department.

The water of said reservoir will cover an area of ... ... acres, in ...... of section in township ... ., of range . . . . of said lands; the capacity of the reservoir will be gallons, and the dam will be

voir is..

feet high. The source of the water for said reser

and there are no streams or springs within two miles of the land to be reserved except as follows:

......

The applicant has filed no other declaratory statements under this act, except as follows:

And I further certify that it is the bona fide purpose and intention of this applicant to construct and complete said reservoir and maintain the same in accordance with the provisions of said act of Congress and such regulations as are or may be prescribed thereunder.

..., County of .......

STATE OF being duly sworn, deposes and says that the statements herein made are true to the best of his knowledge and belief.

Sworn to and subscribed before me this.... day of [SEAL.]

in the year 19..

Notary Public.

NOTE. When the applicant is a corporation the form should be executed by its president, under its seal, and attested by its secretary. When the applicant is not a corporation or an association of individuals, strike out the words in italics.

I, register of the land office, do hereby certify that the foregoing application is for the reservation of lands subject thereto under the provisions of the act of January 13, 1897; that there is no prior valid adverse right to the same; and that the land is not, by reason of its proximity to other lands reserved for reservoirs, excluded from reservation by the regulations and rulings of the land department. Fees, $.... paid.

Register.

The description of the business of the applicant should include "a full and minute statement of the extent to which he is engaged in breeding, grazing, driving, or transporting live stock, giving the number and kinds of such stock, the place where they are being bred or grazed, and whether within an inclosure or upon uninclosed lands, and also from where and to where they are being driven or transported." Circular June 23, 1899.

being duly sworn, says that he is the person who was employed to make the survey of a reservoir covering an area of .... acres, the initial point of the survey being (here describe as required by paragraph 23); said reservoir having been constructed upon the quarter of the quarter of section...., townshp ...., range principal meridian, as proposed by reservoir declaratory which was filed in the local land office at under the pro

statement, No.

visions of the act of January 13, 1897 (29 Stat., 484); that the said survey was made on the.... day of 19..; that the dam and all necessary works have been constructed in a substantial manner; that the reservoir has a capacity of ...... gallons, and at the time of said survey contained ...... gallons of water.

Sworn and subscribed to before me this .... day of .... 19.. [SEAL.]

S. Doc. 396, 59-2, pt 3- -56

Notary Public.