[Code of Federal Regulations]
[Title 36, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR251.19]

[Page 306]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
          CHAPTER II--FOREST SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 251_LAND USES--Table of Contents
 
                    Subpart A_Miscellaneous Land Uses
 
Sec. 251.19  Exercise of water rights reserved by the grantor of
lands conveyed to the United States.

    This section governs the exercise of water and related rights 
reserved by the grantor of lands conveyed to the United States under the 
provisions of the act of March 1, 1911 (36 Stat. 961).
    (a) All reasonable precautions shall be taken by the grantor and all 
persons acting for or claiming under him to prevent and suppress forest 
fires upon or threatening the premises or other adjacent lands of the 
United States, and any person failing to comply with this requirement 
shall be responsible for any damages sustained by the United States by 
reason thereof.
    (b) All slash and debris resulting from the cutting and removal of 
timber shall be disposed of as directed by the Forest Officer in charge.
    (c) Flowage and reservoir areas shall be cleared of timber and 
debris, in a manner satisfactory to the Forest Supervisor, or in 
accordance with a special agreement approved by him. Timber cut and 
destroyed in the exercise of the reserved rights shall be paid for at 
rates to be prescribed by the Forest Officer in charge, which rates 
shall be the usual stumpage price charged in the locality.
    (d) The water surface created shall be open to the Forest Service 
and its permittees when such use does not interfere with the original 
purpose of the development.
    (e) The water surface shall be open to fishing by the public in 
accordance with State laws when such use does not interfere with the 
original purpose of the development.
    (f) Plans for dams and supplemental structures, impounding or 
controlling more than 10 acre-feet of water or with a head in excess of 
6 feet, shall be approved by the Regional Engineer of the Forest Service 
before construction shall begin.

[3 FR 1953, Aug. 9, 1938]

                          Designation of Areas