Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-03-28
Department Of the Interior Issues
Instructions in the
Matter.
WORK DONE MUST Be BY PERMIT
Conditions Governing Contemplated
Improvements Penalty for
Noncompliance,

Velucui mas UteH IeCtlNtu " cupeI-
visor A, w, Jensen Of Ephralm, from
the department OF the interior, Wash
ington. d. c..
Gentlemen. In the matter Of con-
structing bitches and reservoirs upon
public lands, forests or other reserves
OF the United States, the act Of Febru-
airy 10, 1901, t3i stat, 1890 requires a
right Of way therefor from the secre-
tary of the interior. Where the pro-
ject Is within the limits Of forest re-
serve the right Of way may be procured
by proper application submitted IN one
OF two ways.
First Through forest supervisors in
cases Of individual applications, in
yolVing small projects OF private and
personal character where the reser-
vOir site VIII occupy but few acres,
perhaps 1--WE acres or Whereabouts, ana
the ditch will not be longer than per-
haps half MILE or mile or there
ab0uts, and the cross sections not ex-
coeding perhaps four square feet or
thereabouts, The application must be
| accompanied by affidavit, certificate and
stipulation as follows:
Affidavit statement by the applicant
showing:
], That he is q citizen OF the United
| States.
2 Setting forth the purpose for which
| the right-o f-way Is to be used.
4, That he In good faith intends to
| use the right OF way for the purpose
| stated In the event that his application
is granted
3, If for a reservoir the location and
| the area Of the forest reserve land To
be occupied. If for ditch, or bitches,
the length ana direction thereof.
(a) The length which Will traverse
forest lands,
(b) The length which will traverse
private lands within forest reserve lin
| its,
| (c) The length which will traverse
| public lands outside forest reserve lin
| its,
g. The source Of water supply,
| l. How the water Is TO be conducted
| on the lands TO be benefited thereby.
| s. Whether there are any other wa
ter rights on the stream from which the
water is TO be taken; and n so, wheth-
Ell the stream furnishes all the water
needed for those rights at all times OF
the year; and whether the proposed
reservoir or ditch would be likely TO In
terfere with those rights, at least dur
Ing dry seasons.
Certificate required from the appli-
cant must be to the effect that the
right OF way is not 80 located as TO in
terfere with the proper occupation OF
the reserve by the government,
stipulation must be made under seal
by the applicant and filed that no tim
Der whatever will be removed from the
forest reserve outside of the right OF
way and that no timber within the
right Of way will be removed except
only such as is necessary 20 enable the
proper construction and the use and
enjoyment Of the privileges for which
his application IL made,
And second. For enterprises Of great
or magnitude than above indicated
whether private or corporate, and which
are to be established and maintained
by or for the interest or benefit Of an
Individual, or company or associa
ton, application should be made
through the proper local land office.
Very respectfully,
| w, n, hlNHAhDpi COMMISSIONER
COMPLIANCE URGED,
In connection with the above Supervl
sor Jensen says that the people, wheth
er IN individual capacity or by corpora
ton, should at once move TO comp,
with the foregoing directions II the,
have interests within the Manti fores
reserve affected thereby. as a letter has
been received from the commissioner
which, in part, reads as follows;
Department Of the Interior, Genera
Land Office, Washington, d. c. Oct. 4
1903,
Mr.. A. w, Jensen, Forest Supervisor
Ephraim, Utah: sIr-Referring to you
letter OF September ~, 1908. relative L
the desire OF the Mayheld Irrigation
company, and other parties 10 enlarg,
their reservoirs within the reserve
and relating also to the Ferron lrrlga
ton and Reservoir company, who wisl
10 make new reservoirs, you request ad
vice as to whether these reservoirs cal
be enlarged without a permit from tn
department,
have 10 state IN reply, that the en-
lnrgement Of reservoirs, as we'll as tn
construction of reservoirs cannot b.
permitted within reserve. except upol
permit from the secretary.
The forest officers must In all cases
however. require the parties at
tempting 10 occupy or use right Of wa.
within the forest reserve, TO exhibit tn
proper departmental authority therefor
Very respectfully
]. II. FIMPLE,
Acting Commissioner.
Mr. Jensen adds that the foregoing
requirements II not complied with, vii
subject the parties to be reported 10 tn
department for trespass on the reserve