Page:United States Statutes at Large Volume 38 Part 1.djvu/1213

This page needs to be proofread.

SIX'I`Y·THIRD CONGRESS. Sess. IH. Ch. 174. 1915. 1195 CHAP. 174.-An Act Gran the El Paso and Bock Island Rail Com n l[arch4, 1915. a right of way for its pipe lines auiill reservoir upon the Lincoln N af.ionalv]lf8<;est foliiathb _. [S' zu`] carrying and storage of water for railroad pm-poses. [Pubne, No. sz:.] Be it enactedby the Senate and House 06 Representatives of the United States ¢3‘ America. in Congress assembled, t a right of way is hereby F§§,°°',§‘ u§_°““”“

 to the El Paso and Rock Island Railway Company, a cor— mg 1‘»>¤?> wd Rock

poration organized under the laws of New Mexico its successors and ps¤¥°i¤iiil·il;%ip$i$S ass?is, over, througgi, across, and upon the Lincoln National Forest, ““’ °"'°Y·° ··“P°‘* in the State of New exico, subject to the conditions herein contained, for the construction, maintenance, and operation of its present pipe lines now located thereupon, and such additions and extensions as it may make thereto, for the purpose of enabling it to carry water owned or in the future acpuired by it to and along its railroad ht of way situated outside o such national forest or use in itsuiwomotive engines, cars, trains, railroad shops, and tanks, and other railroad purposes, together with a right of way over and right to improve, construct, maintain, use, and occupy the present reservoir site now used and occupied by such railroad comspany for the storlalge of water for P . such purposes: Provided, That the ecretag of Agric ture may upon rmaa;1 ra mmaban onment or nonuse of the same for e purpose for which it is °’°" granted for a tlperiod not less than one year declare said right of way or any part ereof forfeited and annul the same. Sec. 2. That the right of way herebyillgranted for such pipe lines A‘°°g"““‘°"‘ shall be so much as may be necessary 0 y for such purposes, not to exceed however, twenty-Eve feet on each side of the present center thereof where the same is already constructed, and an e ual width for all extensions thereof, or additions thereto; and maps of the location of any such extensions or additions to such ggpp lines shall be prepared by the company and submitted to the rotary of Agriculture, in accordance with his directions with reference thereto, for his approval, and the right of way as to the same shall take effect from his a roval thereof only. Nmml hmm Szc. 3. That the company shall conform to all and singular the neimzamensswgi regulations adopted or prescribed by the Secretary. of Agriculture governing such national forest, or the use or users thereof, and shall not take, cut, or lilestroy any timber withip the same texcept ssiich as it ma be actua y necess to remove 0 construc its said i e lines zirnd the structures p¢i—i1iga.ining thereto and it shall pay toptge Paymmm Umb"' proper officer of the Forest Service the full value of all timber and wood cut, used, or destroyed by it within the said national forest, mgm m not ,m_ Sec. 4. That no private right, title, or interest owned by any person puma. ' persons, or co oration in such national forest shall e interfered with or abridgelilexcept with the consent of the owner or owners or by due rocess of law and just compensation to said owner or owners; nor siliall the rivileges herein granted be construed to interfere with the control of) water for any gurpose under the laws of the United States or of the State of New fexico. _ Sec. 5. That the enjo ment of the rights hereby granted shall be "°¤*’”‘°“* subject at all times to all laws relating to the national forests and to P f mw all rules and regulations authorized and established thereunder. For u,,,,°§}‘"‘;Zw§ec_ infraction of such laws, rules, or regulations the owner or user of such right of way shall be subject to all fines and penalties imposed thereby, and shall also be liable in a civil action or all damages that may accrue from such breach, and if such infractions are continuous and willful, or if there is continued failure on the part of such company to pay any amount due the forest service from said compsglxy, or a period of sixty days after notice of the continuance of suc raction or of the amount so due, the rights herein granted shall be and become forfeitable in accordance with law.