
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 43USC952]

 
                         TITLE 43--PUBLIC LANDS
 
      CHAPTER 22--RIGHTS-OF-WAY AND OTHER EASEMENTS IN PUBLIC LANDS
 
Sec. 952. Reservoir sites for water for livestock

    Any person, livestock company, or transportation corporation engaged 
in breeding, grazing, driving, or transporting livestock may construct 
reservoirs upon unoccupied public lands of the United States, not 
mineral or otherwise reserved, for the purpose of furnishing water to 
such livestock, and shall have control of such reservoir, under 
regulations prescribed by the Secretary of the Interior, and the lands 
upon which the same is constructed, not exceeding one hundred and sixty 
acres, so long as such reservoir is maintained and water kept therein 
for such purposes: Provided, That such reservoir shall not be fenced and 
shall be open to the free use of any person desiring to water animals of 
any kind.
    The Secretary of the Interior, in his discretion, under such rules, 
regulations, and conditions as he may prescribe, upon application by 
such person, company, or corporation, may grant permission to fence such 
reservoirs in order to protect livestock, to conserve water, and to 
preserve its quality and conditions: Provided, That such reservoir shall 
be open to the free use of any person desiring to water animals of any 
kind; but any fence, erected under the authority hereof, shall be 
immediately removed on the order of the Secretary.

(Jan. 13, 1897, ch. 11, Sec. 1, 29 Stat. 484; Mar. 3, 1923, ch. 219, 42 
Stat. 1437.)

                            Repeal of Section

        Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 
    21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976, 
    insofar as applicable to the issuance of rights-of-way over, upon, 
    under, and through the public lands and lands in the National Forest 
    System.


                            Savings Provision

    Repeal by Pub. L. 94-579 insofar as applicable to the issuance of 
rights-of-way not to be construed as terminating any valid lease, 
permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. 
L. 94-579, set out as a note under section 1701 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 953, 955 of this title.
