Page:United States Statutes at Large Volume 41 Part 1.djvu/1006

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SIXTY-SIXTH CONGRESS. Sess. II. Ch. 246. 1920. 985 claims shall have been filed or made until the city of Los Angeles shall have procured proper relinquishments of all such entries and claims, or ac uired tit e by due process of law and just compensation paid C,,,,,,,,,,,s,,u,,,_ to said entrymen or claimants and caused proper evidence of such fact _ to be Bled with the Secretary of the Interior: Provikied, howeve1·, That §§‘g’§’,‘.§§,,,,,,,c_,,,,,,, this Act shall not atpply to any lands embraced in rights of way here- *1¤¤·*¤¤¤- tofore approved un er any Act of Congress, nor affect the adjudication of any pending applications for rights of way by the owner or owners of existing water rights, and that no private right, title, interest, or claim of any person, persons, or corporation, in or to any of the lands traversed b or embraced in said right of way shall be interfered with or abridged; except with the consent of the owner or owners or claimant or claimants thereof, or by due process of law, and just _ cornjpensation paid to such owner or claimant: Promlled, That the ,,,,I,;,f‘§,,d‘Q‘,§,?,?f,,§ff lan affected ereby shall in accordance with existinlg law continue gg,**°¤“¤S¤¤¤P¤ by to be subject to applications for homesteads, for ts of way for ` canals, ditches, or reservoirs, for the conveyance, dehv , or storage of water for irrigation, if same be filed in the pro er qéynited States land office prior to the filing of maps by the city of ]&s Angeles, showing the boundaries, location, and extent of the rights of way sought by said city, and the consideration and adjudication of such a plications by the department having jurisdiction thereof shall be wliblly upon the merits of such applications, unaffected bye,-anyhpossible con- O amt with are pim er an city: Amzlprmuazfm , at as past R£.a¤*G.,$g., B,,::,,°2i hereby made shall not apply to any ands or rights of way inc uded ggglgg ¤°° °°*°d in any application Bled y, and thereafter approved to, any n ` or corporation for the development and transmission of h c power in connection with any project upon which actual construction work was being lperformed prior to June 30, 1906, on that portion of Owens River ying above the confluence of Rock Creek and said river, and locally known as Owens River Gorge, and upon which portion construction work may have been carried on continuously since that date: Provided, That such ap lications for rights of way c8§;$°“”*“ ‘°’°PP“‘ over or the right to use lands shall be filled within six months from ` the date of the passage of this Act: Ami pv·omliedp’urther, That any ,n§‘%°,€§g{*,St&“ “' approval of rights of way for reservoir purposes or the storage of water for use in whole or in part for the generation of electric power, imder the provisions of this Act, shall contain the express condition that such reservoirs shall not, without the consent of the parties having irrigation rights which would be affected by such storage, be used in such manner as will interfere with the use of such stored water for irrigation purposes, unless provision shall be made by said cit for secondary storage for such irrigation use." W 3, pm, mem gse. 4. That section_ 5 of the Act entitled and approved as afore- ed. ' ' said be, and the same IS hereby, amended to read as follows: E ts M "Sec. 5. That all lands over which the rights of wa mentioned "“°'°°° g"‘“ ' in this Act shall pass shall be disposed of, subgect to such easements: _ Pmvided, hmveoer, That 1f the construction o said waterworks shall M ,,,,,,_ not have been begun m good faith within live years of the date of the ·=¤¤=¤=¤¤¤·>¤=¤¤¢- alpproval of this Act, then all rights hereunder shall be forfeited to _ t ie United States: And prmrwkied further, That if any power or electric m,l;°§'§{§§‘°p{,s,f,‘Q§“$} works or structure to be used in connection therewith shall not be W¤*£~ completed within five years after approval of the mag or maps of rights of way for such works or structure as herein provided, or within such additional time as the Secretary of the Interior shall, in his discretion, grant, then such rights herein granted shall be forfeited as to any uncornpleted portion o such works or structure, to the extent that the same is not completed at the date of the forfe1ture." 4·l28l°—2l—64