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43 U.S.C. § 36bAcquisition of lands or interests therein for use in gaging streams or underground water resources

submitted 84 years ago by ch. 822 to r/title-43-PUBLIC-LANDS · 218 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of the Interior can acquire small parcels of land — up to 10 acres per site — by donation, purchase, or condemnation, so the Geological Survey can measure streams and groundwater. The Secretary can also get easements and rights-of-way for this work, but must respect existing state water laws.

This section lets the Secretary of the Interior acquire land, on behalf of the United States, for the Geological Survey to use in measuring ("gaging") streams and underground water resources. Land may be acquired by donation at any time, or by purchase or condemnation once Congress has appropriated the money for it — but no more than 10 acres for any single stream-gaging station or observation-well site. For the same purpose, the Secretary may also obtain easements, licenses, rights-of-way, and leases, limited to whatever period or term of years the gaging work actually requires. This section includes a protection for existing water law: nothing in it is meant to affect, or interfere with, any state or territory's laws controlling the appropriation, use, or distribution of irrigation water, or any vested right already acquired under those laws. When carrying out this section, the Secretary of the Interior must act in conformity with those state and territorial laws. Nothing in this section affects any right of a state, the federal government, or any landowner, water appropriator, or water user, in or to any interstate stream or its waters.
the actual law source: uscode.house.gov ↗public domain

The Secretary of the Interior may, on behalf of the United States and for use by the United States Geological Survey in gaging streams and underground water resources, acquire lands by donation or when funds have been appropriated by Congress by purchase or condemnation, but not in excess of ten acres for any one stream gaging station or observation well site. For the same purpose the Secretary of the Interior may obtain easements, licenses, rights-of-way, and leases limited to run for such a period of time or term of years as may be required for the effective performance of the function of gaging streams and underground water resources: Provided, That nothing in this section shall be construed as affecting or intended to affect or in any way to interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this section, shall proceed in conformity with such laws, and nothing in this section shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water, in, to, or from any interstate stream or the waters thereof.

Source credit: (Dec. 24, 1942, ch. 822, 56 Stat. 1086; Pub. L. 86–406, Apr. 4, 1960, 74 Stat. 14; Pub. L. 102–154, title I, Nov. 13, 1991, 105 Stat. 1000.)

history & why it existsrecord from the source credit
  • 1942Enacted · Act of Dec. 24, 1942, ch. 822 · 56 Stat. 1086
  • 1960Amended · Pub. L. 86-406 · 74 Stat. 14
  • 1991Amended · Pub. L. 102-154 · 105 Stat. 1000

A history note hasn’t been published yet. The record shows enactment by ch. 822 on 1942-12-24.

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