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upr000321-020
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    EXCERPTS FROM SUPPLEMENTAL -----OF December 31,.192 9REPORT AS "Pipe Lines: The abstract discloses that the Rail­road Company’s pipe line from Cottonwood Springs to Arden passes over and across the public lands of the United States with the exception of three parcels, namely: "Vincent Mattencia homestead entry for the SEk of the NWfc, SW% of the NE% and the 1% of the SE* of Sec. 8, T. 22 S., R. 59 E. for which patent issued May 19. 1917. Our first filing under the act of February 15, 1901, approved January 3, 1908 was prior in time and we have a valid easement for our pipe line over all of said Sec. 8 until the same is revoked by the Secretary of the Interior. "Homestead patent issued to George D. Smith May 29, 1922 for the SE% of the SW\ of Sec. 23* T. 22 S., R. 60 E., and patent, evidently lieu land, issued to Santa Fe Pacific Railroad Company on May 7, 1914 for the SV% of the $E$ of said Sec. 23. "As the patents for the last named two parcels of land in Said Sec. 23 were issued prior to April 10, 1925, the date of the approval of the railroad's map filed December 3, 1924, it will be necessary for the Railroad to procure easements for the existing pipe line over and across the SE% of the Sk% and a small portion of the SW% of the SE% of said Sec. 23. "The Railroad Company by its pipe line filings under Act of February 15, 1901, approved January 3, 1908 and April 10, 1925 respectively, acquired a right of way over aid across the public lands to the extent of not to exceed fifty feet on each side of the center of said pipe line, aid this right of way is held by the Court to be something more than a license and permission and is good until specifically revoked by the Secretary of the Interior. The final disposal by the United States of any tract of land traversed by a right of way per­mitted under this act is not construed by the Courts to be a revocation of such permission in whole or in part, but such final disposal of the land shall be deemed and taken to be subject to such right of way until such permission shall have been specifically revoked. (See pages 33 and 34 of Supplemental Report, quoting from a reply from the Law Department on Nov. 8, 1927, relative to an abstract of title on the Cottonwood Springs' water facilities.) -1