East Oregonian : E.O. (Pendleton, OR) 1888-current, 1915-09-24

= Sec. a. That nothing in this Act
shall be construed as affecting or in
tended 10 affect or to in any way in
iterfere with the laws Of any State re-
lating to the control appropriation,
use, or distribution of water,
Sec Is, That all Acts or parts Of
Acts providing for the use Of the lands
Of the United States for any Of the
purposes to which this Act is appli-
"a Die are hereby repealed to the eN-
tent only Of any conflict with this
Act Provided, however That the pro
visions Of the Act Of February ftf-
teenth, nineteen hundred and enc
/ tThirty first Statutes at Large, page
seven hundred and ninety, shall con
] ltinue in fun force and effect as to
4 lands within the Yosemite, SeQuoa,
and General Grant National Parks in
the State Of California; And provided
! further That the provisions Of this
( Act shall not be construed as revOk-
ing or affecting any permits or valid,
existing rights Of way heretofore given
OF granted pursuant to Law, but at the
option Of the permittes any permit
heretofore given for the development,
generation, transmission. or utiliza-
tion of hydroelectrio power may be
surrendered and the permittee given
lease for the same premises under
the provisions of this Act
Sec. l6. That this Act shall not ap-
ply 10 navigation dams or structures
under the jurisdiction Of the Secre.
tary Of War or Chief Of Engineers,
or to lands purchased or acquired by
condemnation by the United States,
or withdrawn by the president under
the Act approved June twenty-fifth,
nineteen hundred and ten, entitled
An Act to authorize the president of
the United States to make withdraw
ais Of public lands in certain cases, "
where such lands are purchased, ac-
ouired by condemnation, or with
drawn by the President for the sole
purpose Of promoting navigation.
Sec. II. That in instances where
only five per centum or less of the
lands actually necessary and required
for the construction, maintenance, and
operation Of dams, water conduits,
reservoirs, power houses, transmits
sion lines. and other works for the
development generation, transmits
sion. and utilization of hydroelectric
power in any one proposed separate,
distinct and complete plant or pro-
iect are lands of the United States
government and such government
lands are to be used only for over
flowage. reservoir, or transmission
purposes and not IN whole or in part
as a dam site or the site of power
house for the erection Of buildings or
operation Of machinery, the Secretary
Of the Interior may, in his discretion
lease such lands to an applicant for
not more than fifty years, at such
rental price and upon such terms as
he may deem just, free from all or
any other of the terms, conditions
provisions and requirements of this
Act, which the Secretary of the In
terror may see fit TO waive.
Sec. 1S That authority is hereby
conferred upon the State of Colorado
or any citizen or citizens directly in
terested. or both. to institute and
prosecute an action at law or in equi-
ty against the Secretary of the In
terror or the Commissioner of the
General Land office, or both, to de-
termine its right and the rights Of its
citizens to appropriate and apply to
beneficial uses the waters Of the Rio
Grande river and its tributaries with
in its geographical boundaries. Such
action may be instituted in the district
court Of the United States within the
state Of Colorado, and any judgment
or decree therein shall be subject to
review by writ Of error or appeal as
provided by law in other cases.
Sec. 49, That authority is hereby
conferred upon the State of Nebraska
or any citizen or citizens directly in
terested OF both. to institute and pros
ecute an action at law or in equity
against the Secretary Of the Interior
or the Director Of the Reclamation
Service or both, TO determine its
right and the rights Of its citizens in
and To the water Of the North Platte
river stored by the Pathfinder Dam in
the Pathfinder Reservoir in the State
of Wyoming such action may be
Instituted in the district court Of the
United states within the state Of Ne
5rassa. and any judgment or decree
therein shall be subject to review by
wit Of error or appeal as provided
br Lass in other cases.
Sec. 20. That the lands leased
under this Act may Do used and the
works constructed, maintained, and