Page:United States Statutes at Large Volume 72 Part 1.djvu/647

 72 S T A T. ]

PUBLIC LAW 8 5 - 6 4 9 - A U G. 14, 1958

605

Public Law 85-649 AN ACT To provide a right-of-way to the city of Alamogordo, a municipal corporation of the State of New Mexico.

August 14, 1958 '• ' ^^^^'

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a right-of- M^.""*"^""*"' '*' way is hereby granted for a period of fifty years from the date hereof Right-of-way. to the city of Alamogordo, a municipal corporation of the State of New Mexico, its successors and assigns, over, through, across, and upon lands of the United States in the Lincoln National Forest, in the State of New Mexico, subject to the conditions herein contained, for the construction, maintenance, and operation of that certain pipeline, and branches thereof, known as the Bonito pipeline, constructed by the E l Paso and Kock Island Railway Company, as now located upon the right-of-way granted to said company by the Act of Congress of March 4, 1915 (38 U. S. Stat. L. 1195), within sections 4, 7, 8. and 9, township 10 south, range 13 east; section 12, township 10 south, range 12 east; and sections 8, 9,16,17, and 21, township 9 south, range 13 east. New Mexico principal meridian, and such additions and extensions as said city of Alamogordo may make thereto, for the purpose of transportation of water for domestic, public, or for any other beneficial uses, together with the right to construct, maintain, use, and occupy the present or additional reservoir sites for the storage of water for such purposes: Provided, That the Secretary of Agriculture may upon abandonment or nonuse of the same for the purpose for which it is granted for a period not less than one year declare said right-of-way or any part thereof forfeited and annul the same. SEC. 2. That the right-of-way hereby granted shall be so much as may be necessary only for such purposes, not to exceed, however, twenty-five feet on each side of the centerline of such pipelines, and maps of the location of additional reservoir sites or any such extensions or additions to such pipelines shall be prepared by said city of Alamogordo and submitted to the Secretary of Agriculture for his consideration and the right-of-way as to the same shall not take effect unless and until approved by him: Provided, That all rightsof-way hereby granted, extensions thereof and additions thereto shall conform to such conditions and stipulations and be subject to such fees as may be prescribed by the Secretary of Agriculture. SEC. 3. That said city of Alamogordo shall conform to all and tiirf?"/"^*""" "' singular the 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 destroy any timber within the same except such as it may be actually necessary to remove to construct its said pipelines and the structures pertaining thereto, and it shall pay to the 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. SEC. 4. That no private riglit, title, or interest owned by any person, persons, or corporation in such national forest shall be interfered with or abridged except with the consent of the owner or owners or by due process of law and just compensation to said owner or owners; nor shall the privileges herein granted be construed to interfere with the control of water for any purpose under the laws of the United States or of the State of New Mexico. SEC. 5. That the enjoyment of the rights hereby granted shall be subject at all times to all laws relating to the national forests and to all rules and regulations authorized and established thereunder. For infraction of such laws, rules, or regulations the owner or user of such

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