ee 3 A 46 S. DEPARTMENT OF AGRICULTURE, FOREST SERVICE, oo HENRY S. GRAVES, Forester. THE USE BOOK REGULATIONS AND INSTRUCTIONS FOR THE USE OF THE NATIONAL. FORESTS, AND MANUAL OF PROCEDURE “POR FOREST OFFICERS. ISSUED BY THE: SECRETARY? OF AGRICULTURE DECEMBER 28, 1910. WATER POWER. oe i WASHINGTON: GOVERNMENT PRINTING OFFICE. 1941, Book U. S. DEPARTMENT OF ee meee ‘U.S, FOREST SERVICE, | HENRY S. GRAVES, Forester. THE USE BOOK REGULATIONS AND INSTRUCTIONS POR? tHe USE.OF THE NATIONAL FORESTS, AND MANUAL OF PROCEDURE EG LOREBS) OFFICERS: ISSUED BY. THE SECRETARY “OF AGRICULTURE DECEMBER 28, 1910. WATER POWER. See WASHINGTON : GOVERNMENT PRINTING OFFICE. 1911. “The Secretary * * * may make such rules and regula- tions * * * as will insure the objects of said reservations, namely, to regulate their occupancy and use and to preserve the forests thereon from destruction; and any violation of this act or such rules and regulations shall be punished (by $500 fine or 12 months’ imprisonment, or both) as is provided for in the act of June 4, 1888, amending section 5388 of the Revised Statutes of the United States.’’ (Act of June 4, 1897, 34 Stat., 35.) 2 | ool ares CONTENTS. “| UES (0 2 PG) 0a ee erg Boe i Se ee ree ee Site power reculations << 2222005 fo ie. yo A PUICHoOriy, tO make and publish 0.4.22... 00.2005 222 Water-power permits, in general............. sepa yea Pa Noncommercial water-power works, defined............. Commercial water-power works, defined................- Priority of applications, how secured and maintained... . Pxcwisive tise under permits. 2.52026. 222.2 fe be Water rights, permits do not ive. 2. J5.. 21. ..s. 2... le Water rights, Department does not adjudicate........... sR CRia (EP CRUM ihe eee Louse emesis eee oA Camo MWe: < at ics emg e ta oo s sash ol FROM CICA DACIUYAOL WOLKE os.e.ctte ease es Ss cds Gee hoes Gross power capacity, defined. ...................- owe capaciiy, denned 202 oo 3 ve Se ie oe PiGAG MA GLONemnedes $l aoc aoe es of Net power capacity, how determined.............-- . Deductions from gross power capacity, how calcu- SLOnI@e Power, GenNed 22. sess eet nek se were 2 «2 COMMING ACeUNed <5. wuss he ees tne eth ae Redetermination of gross power capacity ........... Decision of Secretary of Agriculture final............ Preliminary water-power permits, requirements of appli- CEETILIGT SIS (a) gee = cI St a Final water-power permits, requirements of applications VDE? 5 EAS gee ca a Ane RE oe Se Neneaummercial water-power permits, requirements of ry a) O) ort TO) C501 ata en ae ng ahs 4 CONTENTS. Water-power regulations—Continued. Stipulations for noncommercial water-power permit ..... Stipulations for final water-power permit .............-- Changes in location or plan of structures during construc- TOIL S «.o/ais a s.chhh oa Sig OU hes a cee Extension of time for beginning and completing con- SURINCLIONL, <5 cake Soe oe 2c ee ee Transier of water-power works and issue of new permit. - False certificates and affidavits by engineers..........- Water-power forms: Application for preliminary water-power permit... .....- Certificate of receipt of preliminary application ........ Preliminary water-power permit.............-.....-.-- Application for final water-power permit..........-..-.--- Certificate of receipt of final application ..........-..-.- Affidavit of engineer on map of location............. Certificate of applicant on map of location... ....-- Affidavit of engineer on notes of survey......-.---.- Certificate of applicant on notes of survey. ........- Affidavit of engineer on plans of structures. ........ Certificate of applicant on plans of structures. ...... Affidavit of engineer on estimates and data........-- Certificate of applicant on estimates and data... ... Water-power stiptlavion 2.2. 22-2 ee as ee Certificate of receipt of stipulation.............--...--- Final water-power permit. ...2 42252-2242 4.522 5. ‘Praviemission line permits: 2. 26005..6- 255.5. 25 Water-power procedure. .......-.-----.----+--2----------- Place of filme applications... 222-2262. 22 5--- Preliminary applications and permits. .........--....-- Priority ‘of applicants 22222 52. < 222 eee Tern Of Perm hs 2000.6 eae ee aes ee Construction under preliminary permit............ Extensionel time. 62. 272-62 ee eo Charpes for permits’: 222 .....-4.5 5-8 ee ee Relation of final to preliminary application......... CONTENTS. Water-power procedure—Continued. Preliminary applications and permits—Continued. hermunationvolpermit 2.07 ee eee Se Contlictingrapplications.....:......2..2.+-.--: ee. Record of recetptiol application: .-..... 2522 22.5.4). - Action by District Engineer. .............-..-..-- wetion by, istrict Morester. oc. s.vio2 ue 2S Transmission of papers to Chief Engineer .......... MELON iy) © hiek MMoimeer 82 fy 2h oc i a a Submission of papers to the Forester. .............. PEWOue My tlc MOrestenen 5.4 .c2tetee| 6 gets. <2 Puriver action by istrict Morester! ..-2). 42603. 1! Pmalapplicationsand permits 2214 52 oso ore ek Record of receipt of final application.............2- Return of incomplete or insufficient papers .......-. Contheumeapplicaitouss: s2..* 5.02.5. esa e eon, by. isteiet; Horesber 42. ste NEUONSO VC OID CLVASOR. 2/025 cL Sas) es yal St eS District Engineer’s examination.................-..- District Engineer’s report................-- Mime for preliminary construction...:...:.)..2...<. Progressive development of projects................. Determination of power capacity...-..2. 0.2.22... 2. Transmission of papers to Chief Engineer. .......... Newon Wy Chielk Pmpimeek.a)at' sea. $e ln noth ae. Submission of stipulation to applicant for execution. Submission of papers to Forester.................... XC UIONGON: HOLCSLOE. 208 2s gue carts Wee tern ee Further action by District Forester................-. Recommendations for cancellation ................. Notice and record of annual payments. . ae Minimum rate to apply at beginning of preeron Sak: 6 CONTENTS. Water-power procedure—Continued. Final applications and permit—Continued. Supervisors to keep informed of and report progress Of Wotlk .. 125-5 Sie eee eee eee a Supervisors to report general information ........-.-. Semicommercial water-power works..........-.---------- Application and permit for noncommercial water-power works of 1,000-horsepower capacity or less..........-- Permit issued by District Forester............-... Applications (ces. cokes oe ae eee ee Action by District’ Foresters:'2. 2.1: 24-23. ee. eee Wetton Dy Supeevisen: 5-2. bans fod J ee Tasitanees. OF Permits .pcenn desks b enews eee eee Transmission lines, applications and permits........-..-- Perniites ots e5 ee eee oe ee INBTOGRS Tess eo ta.6 seis coe ee ee oe Applications: ... 6225. .28s 2757 2eeeee rn Action by Supervisor. ..22 2... 32s ee Action by District Forester: ..<....-c2esesnaeeneee Page. THE USE BOOK. The fuillest possible use of National Forest lands and resources is desired and will be encouraged, with no restrictions except such as are necessary to accomplish the purposes for which the National Forests are created. Administrative jurisdiction over National Forests is conferred by law upon the Secretary of Agriculture (act of Feb. 1, 1905, 33 Stat., 628), who is authorized to regulate their occupancy and use (act of June 4, 1897, SOnavat. 1). The Secretary of the Interior has jurisdiction of all matters relating to the patenting and official survey of lands in the National Forests, and of grants of rights of way amounting to easements. By the practice and regulations of the Department of the Interior applica- tions for rights of way in the National Forests are re- ferred to the Secretary of Agriculture by the Secretary of the Interior for recommendations before final action thereon. WATER-POWER REGULATIONS. DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY, 3 Washington. By virtue of the authority vested in the Secretary of Agriculture by the act of Congress of February 1, 1905 7 8 THE USE BOOK. (33 Stat., 628), amendatory of the act of Congress of June 4, 1897 (30 Stat., 11), I, James Wixson, Secretary of Agriculture, do make and publish the following regu- lations for the occupancy and use of the National Forests for purposes of water-power development and utilization, the same to supersede all previous regula- tions for like purposes, and to be of force and effect from the date of this order, and to constitute a part of the Use Book. In testimony whereof I have hereunto set my hand and official seal at Washington, D. C., this 28th day of December, 1910. [SEAL. | JAMES WILSON, Secretary of Agriculture. REG. L-1. Preliminary water-power permits. will allow the occupancy of the lands of the United States within National Forests for the purpose of securing the data required for an application for final permit and for such construction as may be necessary to preserve water appropriation during that period. Final water-power permits will allow the occupancy and use of such lands for the construction, maintenance and operation thereon of works for the main purpose of the generation of elec- trical power. Preliminary or final permits for com- mercial water-power works, or for noncommercial water- power works of a capacity in excess of one thousand (1,000) horsepower, will be granted, extended, and renewed only by the Secretary of Agriculture. Permits for non- commercial water-power works of a capacity of one thousand THE USE BOOK. 9 (1,000) horsepower or less, and for transmission lines, not a part of any water-power works covered by a water-power permit will be granted, extended, and renewed by the Dis- trict Forester. The Secretary of Agriculture alone may revoke water-power permits. REG. L-2. The term ‘‘noncommercial water-power works’? will be applied to water-power works owned and used solely by the permittees for one or more of the follow- ing purposes: In the operation of their own mines, or in the milling and reduction of ores therefrom; as auxiliary - to irrigation works owned and operated by permittees ; temporarily, in the construction of other works for which permission has already been granted the permittees; by municipalities for municipal purposes; or for such other miscellaneous uses not herein enumerated as may be deter- mined by the Secretary of Agriculture to fall within this class. No charge will be made for the use and occupancy of lands for noncommercial water-power works. All other water-power works will be termed ‘“‘commercial.’’ (See Regulation L-7 for charges.) REG. £-8. Priority of application for a preliminary water-power permit shall be established by filing an appli- cation as prescribed in Regulation L-9. Priority of application for a final water-power permit shall be estab- lished by filing an application as prescribed in Regula- tion L-10. If an application for a final permit as pre- scribed by the said regulation is filed within the period required in a preliminary permit, priority established thereunder shall be maintained, and with reference to priority such application for final permit shall relate back 10 THE USE BOOK. and be effective as of the date of the application for the preliminary permit. Priority shall be maintained only when the projects shown in the application for the final permit are within the approximate limits of diversion and discharge as shown in the application for the preliminary permit; priority shall be established for any projects out- side these limits from the date of filing the application for final permit. Priority established under an application for final permit shall be lost if the applicant fails to return a duly executed stipulation, as prescribed in Regulation L-12, within ninety (90) days from the date it is mailed by the District Forester, unless such period is extended by written authority of the Secretary of Agriculture. Prior- ity established under an application for preliminary per- mit shall be lost if the application for final permit, as prescribed in Regulation L—10, is not filed within the time required in the preliminary permit. Priority established under an application for final permit shall be lest if the permit is revoked. No other application for a like use, covering in whole or in part the same lands, shall be ac- cepted from the permittee whose priority of application is lost until the expiration of one year thereafter. REG. L-4. No application for preliminary or final water-power permit will be accepted, and no permit will be granted thereunder while the lands applied for are occupied and used under an existing water-power permit. Upon ascertaining that the lands applied for are so occupied and used, the District Forester will return THE USE BOOK. Pt the application and inform the applicant fully of the reasons why the application can not be accepted. REG. L-5. Occupancy and use of Naticnal Forest lands is the sole privilege granted under a water-power permit. In the issuance of such permits no attempt will be made to adjudicate water rights, since water rights are acquired under State laws and adjudicated by the courts. Therefore no protests against the granting of an application, if based upon alleged lack of water rights, will be considered; nor, in general, will any allegation that the time of beginning or completion of construction has been or is delayed by litigation over water rights be accepted as a sufficient reason for granting any extensions of time. . REG. L—-6. Unless sooner revoked by the Secretary of Agriculture, a final water-power permit shall terminate at the expiration of fifty (50) years from the date of the permit, and may then be deemed to be an application by the permittee for a new permit to occupy and use such lands as are occupied and used under the original permit: Provided, That the permittee shall, not less than two nor more than four years prior to the termination of the permit, formally notify the Secretary of Agriculture that it desires such new permit, and will comply with all laws and regulations at such time existing, regulating the occupancy and use for water-power purposes of lands of the United States within the National Forests. REG. L-7. The occupancy and use of lands of the United States within National Forests under a preliminary or final water power permit, other than noncommercial, shall 12 THE USE BOOK. be conditioned upon the payment of an annual charge, based upon the value for power purposes of such lands, and the measure of said value shall be the net power capacity of the works, as defined in Regulation L—8, and tke rates at which the charge shall be calculated shall be for each net electrical horsepower per annum as follows: For the first year-..5... «2.20es oes be ee ee $0.10 For the second year:c2.--.22.e6s2225-. 8-32 1 ee eee 0.20 Wor the @hivd veat a: 2.5.4, 3..45 3 sue eos se 0.30 Mordhe TO0r th Vest. 2232s uke 4 & aod py 4 ee ee ae 0.40 POY The diith Near i.c0s seaside co Sueeie 2 sinc Rane Beet 0.50 Wor Pie SIS Veal... cc2e 2 wee. sO eee ee 0.60 For Lie Seventy year. 2 242). 2 ea ee oa ee 0.70 Por tHe CleWth Vear> 2osescec dean ook ees ee Ee 0.80 For Fite Mitt Veal nc cK sod oa « tae seen Sie ee eee 0.90 For the tenth and each succeeding year...................... 1.00 The above rates per net electrical horsepower per annum shall apply to preliminary water-power permits, in accord- ance with the net power capacity of the works as esti- mated at the time of granting the preliminary water-power permit, and if the final application is made in accordance with the terms of the preliminary permit all payments made under the preliminary permit shall be credited to the permittee and be applied to the payment due at the time of granting the final permit and, or, to payments to become due thereafter: Provided, however, That if the final permit provides for only a partial development of the project or projects protected by the preliminary permit then only a proportional part of such payments as may have been made under the preliminary permit will be THE USE BOOK. i033 applied on payments due or to become due under the final permit. The above rates shall also apply to final water-power permits, and if the works are completed and operation is begun within the time specified in the stipulation executed by the permittee or any approved extension thereof, all payments made prior to such specified date under the final permit and all payments which have been credited upon the final permit shall be applied on pay- ments due or to become due upon or after the specified date. The minimum rate of ten (10) cents per net electrical horsepower per annum shall also apply upon the date of the termination of the period for the completion of con- struction and beginning of operation as specified in the Stipulation, or in any approved extension thereof, if the works are completed and operation is begun within such specified period and shall increase by ten (10) cents per net electrical horsepower per annum for each year there- after until a rate of one dollar ($1) per net electrical horsepower per annum is reached, and shall then remain at that rate until the expiration of the permit. The minimum rate of ten (10) cents per net electrical horsepower per annum shall apply proportionately to the fractional part of the calendar year succeeding the date of the granting of the preliminary permit, the final permit, and the date specified in the stipulation for the completion of construction and beginning of operation, or any approved extension thereof, if the works are com- pleted and operation is begun within such specified period, and also to the following full calendar year. 14 THE USE BOOK, If the original permittee sells or transfers his improve- ments in accordance with Regulation L-15 and a new-per- mit is issued to the vendee or transferee, the subsequent annual charges shall be at the rates that would have been required under the original permit, and any advance pay- ments made by the original permittee may be applied pro tanto on the new permit. If all or any part of the amounts due for charges as required in the preliminary permit shall, after due notice has been given, be in arrears for sixty days, then and thereupon the preliminary permit shall terminate and be void. If all or any part of the amounts due for charges as required in the final permit shall, after due notice has been given, be in arrears for six months, then and thereupon the final permit shall terminate and be void. Nothing in this regulation shall be construed to alter or amend the rates or the methods of fixing the charges as specifically provided in any existing permit. REG. L-8. The term ‘‘gress power capacity,’ as used in these regulations, shall mean the power capacity of the entire works to be constructed, maintained, and, or, operated in whole or in part, under the permit for which application is made; provided that the term ‘‘power capacity,’ as used in this regulation, shall mean estimated average annual station output in electrical horsepower, which, under con- tinuous operation with reasonable load factor, is possible of development from all water available therefor, falling through effective head, with deductions for reasonable mechanical and electrical losses in generating machinery, THE USE BOOK. 15 and that the term ‘‘load factor,’’ as used in this regulation, shall mean ratio of average output to maximum output. The ‘‘net power capacity’? upon which the charges are based (see Regulation L—7) shall be determined by mak- ing the following deductions from the gross power capacity of the entire works: (A) An amount bearing approximately the same ratio to the storage power of the reservoir or reservoirs, pro- posed to be constructed or maintained under permit, as the area of unreserved lands and patented lands within the flcod lines of such reservoir or reservoirs bears to the total area within said flood lines, as cf the beginning of each year. (B) An amount bearing approximately the same ratio to the difference between the gross power capacity and the storage power as the length of the conduit or conduits, proposed to be constructed or maintained under permit upon unreserved lands and patented lands, bears to the total length from intake to powerhouse, of the conduit or conduits, as of the beginning of each year. (C) From the gross power capacity remaining after deductions (A) and (B) have been made a further deduc- tion shall be made which, in per cent, shall be calculated by multiplying the square of the distance of primary transmission in miles by the constant factor 0.001; but in no case shall deduction (C) exceed twenty-five (25) per cent. The term ‘storage power,’’ as used in these regula- tions, shall mean that part of the aforesaid gross power capacity which is made possible of development by the 16 THE USE BOOK. use of any reservoir or reservoirs to be constructed maintained in whole or in part under permit. The wo ‘‘conduit,’’ as used in these regulations, shall inclu ditches, canals, flumes, pipe lines, and all other mea for the conveyance of a flow of water. If any part of the electric energy generated by tl works constructed in whole or in part under permit used by the permittee in the operation of its own mine or in the milling or reduction of ores therefrom, or : auxiliary to irrigation works owned and operated by t! permittee, or for such other miscellaneous uses as me be determined by the Secretary of Agriculture to fa within ‘‘ noncommercial’’ use, the net power capaci’ upon which the charge for any year is to be calculat shall, before such calculation, be reduced by an amow bearing approximately the same ratio to the net pow capacity as the amount of electric energy generated | the works and used for the above purposes, bears to tl! total amount of energy generated by the works durir the last preceding year. If at any time not less than ten (10) years after tl original or after the last preceding determination of t] gross power capacity, the permittee or the Secretary | Agriculture on the ground of the inaccuracy, insufficienc: or inapplicability of the data upon which the original « said last preceding determination of the gross pow capacity was made, shall apply for or give notice | review of the original or last preceding determinatio then and thereupon such review shall be taken by tl THE USE BOOK. 17 Secretary of Agriculture and a redetermination of the gross power capacity and of the storage power shall be made, and thereupon the redetermined gross power and the redetermined storage power shall, for the purpose of determining the charges, and from the beginning of the next calendar year, be taken to be the gross power capacity of the works and the storage power of the reservoir or reservoirs. The decision of the Secretary: of Agriculture shall be final as to all matters of fact upon which the determina- tion of the power capacity of the works and the storage power of the reservoir or reservoirs depend. REG. L-9. All applications for preliminary permits to occupy and use the lands of the United States within National Forests for the purpose of securing the data required for a final application for water-power works and for such construction as may be necessary to preserve water appropriation, shall be filed with the District Forester of the District in which such lands are situated, and shall consist of the following: (A) An application in triplicate on Form 58. (B) A map on tracing linen and either one Van Dyke negative or three print copies, cut to a uniform size not larger than 28 by 40 inches and not smaller than 24 by 36 inches, with scale so selected as to show the entire project upon a single map, showing the approximate loca- tion of the dams, reservoirs, conduits, power houses or other works for which final application is to be made; each separate sheet of maps, estimates and data shall be signed 71956 °—11——2 18 THE USE BOOK. and dated by the applicant. If the proposed development is to be upon surveyed land, the map shall show for each reservoir site the distance and bearing of one extremity of the dam from the nearest existing corner of the public survey, and the approximate position and area of the flood line of the reservoir; for each conduit line, the dis- tance and bearing of each terminus from the nearest exist- ing corner of the public survey, and the approximate location and length of the conduit; and for each power- house site, the distance and bearing of one corner of the site from the nearest existing corner of the public survey, and the approximate area of the site. If on unsurveyed land, the distances and bearings may be taken from some natural feature that can be readily recognized upon the ground, as a stream junction for example, or from a per- manent monument that can be readily found. (C) A statement in triplicate, estimating the amount of water available for use and the total head at each pro- posed power house. (D) Estimates in triplicate of the amount of power that may be developed at each proposed power house. (E) Prima facie evidence, certified by the proper public officer, of the appropriation by the applicant or its prede- cessors of all the water which it is proposed to use in the operation of the works applied for. Application must be made for the occupancy and use of such lands for a definite limited period only, which period will allow a reasonable time for the preparation THE USE BOOK. 19 and filing of the final application as prescribed in Regu- lation L—-10. The time prescribed in the preliminary permit may, upon application, be extended by the Secretary of Agriculture if the completion of the final application has been pre- vented by unusual climatic conditions that could not reasonably have been foreseen or by some special or pecul- iar cause beyond the control of the permittee. Although not required as an essential part of the appli- cation, a statement from the District or Supervising Engineer of the United States Reclamation Service, to the effect that the granting of the permit applied for will not interfere with any Government reclamation project, should be submitted with the application. An application for a preliminary water-power permit filed with the District Forester shall not be complete until the last map or paper required by this regulation shall have been filed in the form prescribed. REG. L—10. All applications for final permits to occupy and use the lands of the United States within National Forests for commercial water-power works and for non- commercial water-power works of more than 1,000 elec- trical horsepower capacity shall be filed with the District Forester of the District in which the lands are situated, and shall consist of the following: (A) An application in triplicate on Form 60. (B) Maps of location and plans of structures, both on tracing linen with either one Van Dyke negative or two print. copies cut to a nniform size not larger than 28 by 20 THE USE BOOK. 40 inches.and not smaller than 24 by 36 inches, with a graphical scale of not less than 6 inches in length drawn thereon. Separate sheets shall be used for maps of loca- tion whenever the whole survey can not be shown upon a single sheet. Each separate sheet of maps and plans shall contain the affidavit of the applicant’s engineer and the applicant’s certificate. (1) The following maps and plans shall be filed for each reservoir which will be used as a part of the com- plete power project: (a) a contour map of each reservoir site, dam, and dam site on a scale of not more than 400 feet to the inch with a contour interval of not more than 10 feet. United States Geological Survey datum should be used where available. The maps shail show the refer- ence lines for the initial point of the survey and all land subdivisions within the flood lines of the reservoirs, and the status of all such lands which are within the National Forest, designating separately National Forest land and patented land. (b) Plans, elevations, and cross sections of the dams, showing spillways, sluiceways, or sluice pipes, the character of the material to be used, and the type of construction. (2) The following maps and plans shall be filed for the entire length of each conduit which will be used as a part of the complete power project: (a) A contour map of the entire conduit location, except pressure lines, on a scale of not more than 400 feet to the inch, with contour interval of not more than 10 feet and a profile of the pressure lines. United States Geological Survey datum should be used THE USE BOOK. 21 where available. The contours shall cover either an area of 100 feet in width on each side of the center line of the conduit or a difference in elevation of at least 25 feet above and below the grade line of the conduit. This map shall show the transit line of the survey and the center line of the proposed final location of conduits, including curves between tangents, the reference line of the location of termini, all land subdivisions to be crossed by the conduit, and the distance, from the nearest section or quarter-section corner, of the intersection of the transit line with section lines. If such corners can not be found within a half mile of the line the fact should be noted upon the map and the tie may be omitted. This map shall also show the status of land within the National Forest which will be crossed by the conduits, designating sepa- rately National Forest land and patented land, what sections of the conduit will be in flume, ditch, tunnel, pipe, etc., and the grade of each section. (b) Plats, elevations, and cross sections of each type of conduit, showing material, dimensions, grades, flow line, and capacity, and plans of intake works and forebays. (8) The following maps shall be filed for all power- house sites which will be used as a part of the complete power project. Contour maps on a scale of not more than 50 feet to the inch with contour interval of not more than 5 feet, of all proposed power-house sites, showing connec- tions between initial point of survey and the reference corner of the public survey, the proposed locations of power houses, other buildings, etc., and the status of the lands to be used, designating separately National Forest land yap THE USE BOOK. and patented land. This map shall also state the pro- posed type and probable number and rated capacity of the water wheels and generators to be used. (4) The following maps shall be filed for such portions of transmission lines as lie within the exterior boundaries of a National Forest: A map of the survey of the proposed final location of the center line of the transmission line on a scale of not more than 1,000 feet to the inch. This map shall show the reference lines for the location of termini when within the exterior boundaries or of inter- sections with National Forest boundaries, all land sub- divisions to be crossed by the transmission line, the dis- tances, from the nearest section or quarter-section corner, of the intersection of the survey lines with the section lines and the status of the lands to be crossed by the trans- mission line, designating separately National Forest land and patented land. *(C) Copies of field notes in triplicate of the entire final location survey of conduits and transmission lines and the exterior boundaries of power house and reservoir sites bearing the affidavit of the applicant’s engineer and the applicant’s certificate. (D) Detailed estimate in triplicate of the amount of maximum, minimum, and average output of the pro- posed works in electrical horsepower at the generator switchboard, bearing the affidavit of the applicant’s engi- neer and the applicant’s certificate. This estimate shall be accompanied by a detailed statement in triplicate of the complete data upon which estimates are based, con- sisting of a statement of the amount of water appropriated, THE USE BOOK. De the estimated average amounts of water to be used from natural flow and from storage, stream measurements, run-off and evaporation records, total and effective heads, estimated efficiencies of machinery, and estimated load factor of the plant. (E) Prima facie evidence, certified by the proper pub- lic officer, of the appropriation by the applicant or its predecessors of all the water which it is proposed to use in the operation of the works. If such evidence has been filed with a preliminary application only such addi- tional evidence will be required as will cover appropria- tions or transfers subsequent to the date of the evidence filed with the preliminary application. (F) Articles of incorporation, if a corporation, certified under the State seal, or articles of association or partner- ship properly certified, and, if a corporation organized under the laws of a State or Territory other than the State or Territory in which the project is located, evidence of the right to operate within the State or Territory within which the works are to be located. Maps and field notes shall designate by termini and length each conduit and transmission line, and by initial point and area each reservoir site and power-house site. The termini of conduits, the termini of transmission lines when within the exterior boundaries, the intersections of transmission lines with National Forest boundaries and the initial point of survey of power-house sites shall be fixed by reference of course and distance to the nearest existing corner of the public survey. The initial point of the sur- vey of reservoir sites shall be fixed by reference of course 24 THE USE BOOK. and distance to the nearest existing corner outside of the reservoir by a line, or lines, that does not cross an area that will be covered with water when the reservoir is in use. When either terminus or a conduit, or intersections of transmission lines with National Forest boundaries, or the initial point of the survey of a reservoir or power-house site is upon unsurveyed land, it shall be connected by traverse with an established corner of the public survey, and the distance from the terminus or initial point to the corner shall be computed and noted on the map and in the affidavit of the applicant’s engineer. When an estab- lished corner of the public survey is more than 2 miles dis- tant, this connection may be with a natural object or a permanent monument which can be readily found and recognized and which will fix and perpetuate the position of the terminus or initial point. This map shall show the position of such point and shall give the course and dis- tance to the terminus and initial point. The field notes shall give an accurate description of the natural object or monument and full data of traverse as required above. The affidavit of the applicant’s engineer and the appli- cant’s certificate shall state the connections. Hach separate original map, plan, set of field notes, estimates and data, evidence of water right, articles of incorporation and evidence of right to do business within the State, when required, shall be plainly marked “ Ex- hibit A,’ ‘‘ Exhibit B,’’ etc., respectively, and referred to by such designation in the application. Maps and plans shall in addition be described in the application by their titles as ‘‘ Exhibit A,’’ map of location of, etc., THE USE BOOK. 25 ‘Exhibit B,”’ plan of, etc. Duplicate and triplicate copies should be marked ‘‘ Exhibit A, duplicate,” ‘‘ Ex- hibit A, triplicate,’ etc. Maps should be rolled for mailing and should not be folded. An application for final permit filed with the District Forester shall not be complete until the last map or paper required by this regulation has been filed in the form prescribed. REG. L-11. Applications for permission to occupy and use the lands of the United States within National Forests for noncommercial water-power works of 1,000 horsepower capacity or less shall be filed with the District Forester of the District in which such lands are situated, shall be in writing, and shail be accompanied by: (A) A map in triplicate showing the location of dams, reservoirs, conduits, power houses, and transmission lines or other works. (B) Field notes of the survey in triplicate. (C) Prima facie evidence, certified by the proper public officer, of the appropriation by the applicant or its prede- cessors of all the water which it is proposed to use in the operation of the works. (D) Astatement in triplicate of the amount of water to be diverted for use and the amount of power to be developed. The map shali consist of cne original on tracing linen and either one Van Dyke negative or two print copies, and shall be not larger than 28 by 40 inches or smaller than 24 by 386 inches, and may be of any convenient scale. If the proposed development is to be upon unsurveyed land, the map shall show, for each reservoir site, the distance 26 THE USE BOOK. and bearing of the initial point of survey from the nearest existing corner of the public survey, the location of the flood lines of the reservoir, and its area; for each conduit line, the distance and bearing of each terminus from the nearest corner of the public survey, the location of the center line of the conduit, and its length; and for each power-house site, the distance and bearing of the initial point of survey from the nearest corner of the public sur- vey, the location of the exterior boundaries of the site, and the area. If on unsurveyed land, the distances and bear- ings may, if the nearest existing corner of the public survey is more than two miles distant, be taken from some natural object or permanent monument that can be readily found and recognized, and which will fix and perpetuate the position of the terminus or initial point. REG. L-12. Before a water-power permit for non- commercial water-power works of over 1,000 horse- power capacity shall be issued, the permittee shall execute a stipulation to include such of the requirements enumerated in Regulation L-13 as may be necessary to protect National Forest interests. Stipulations will not be required for noncommercial water-power works of 1,000 horsepower or less, or for transmission lines not a part of any water-power works covered by a water-power permit. REG. L-13. Before a final permit for commercial water- power works shall be issued, the permittee shall execute and file with the District Forester a stipulation: (A) To construct its works on the locations shown upon and in accordance with the maps and plans filed with its THE USE BOOK. OF final application fo. a water-power permit and to make no material deviation from said location unless and until maps and plans showing such deviation shall have been filed with the District Forester and approved by the Secretary of Agriculture. (See Regulation L—15.) (B) To begin the construction of the works, or the sev- eral parts of the works, within a specified period or periods from the date of the permit for which application has been made, and thereafter to diligently and continuously prose- cute such construction unless temporarily interrupted by climatic conditions or by some special or peculiar cause beyond the control of the permittee. The term “‘construc- tion of the works’’ as used in this regulation shall be deemed and taken to mean only the actual construction of dams, conduits, power houses, transmission lines, or some permanent structure necessary to the operation of the completed works, and shall not include surveys or the building of roads and trails, or the clearing of reservoir sites or other lands to be occupied, or the performance of any work preliminary to the actual construction of the permanent works. (C) To complete the construction and begin the opera- tion of the works, or the several parts of the works, within a specified period or periods from the date of the permit for which application has been made. (D) To operate continuously for the generation of electric energy the works constructed and maintained in whole or in part under the permit, unless, upon a full and satisfactory showing that such operation is prevented by unavoidable accidents or contingencies, this requirement 28 THE USE BOOK. shall be temporarily waived by the written consent of the Secretary of Agriculture. (E) That any approval by the Secretary of Agriculture of any alteration or amendment, or of any map or plan, or of any extension of time, shall affect only the portions specifically covered by such approval. And no approval of any such alteration, amendment, or extension shall operate to alter or amend, or in any way whatsoever be a waiver of any other part, condition, or provision of the stipulation. (F) To pay annually in advance for the use and occu- pancy of the land such charges as may be required by the regulations of the Secretary of Agriculture. (Regulations L-7 and L-8.) (G) To install and maintain in good operating condition accurate measuring weirs, gauges, and other devices approved by the Secretary of Agriculture, adequate for the determination of the natural flow of the stream or streams from which the water is to be diverted for the operation of the works and of the amount of water used from the natural flow in the operation of the works and of the amounts of water held in and drawn from storage, and to keep accu- rate and sufficient records, to the satisfaction of the Sec- retary of Agriculture, of the above-named measurements. (H) That the books and records of the permittee in so far as they show the amount of electric energy gener- ated by the works constructed or maintained, in whole or in part, under permit, or the amount of water held in or used from storage, or the stream flow or other data of the watershed furnishing water used in the generation of is eine Pehl dial wie nel " Vie te THE USE BOOK. 29 electric energy, shall be open at all times to the inspec- tion and examination of the Secretary of Agriculture, or his duly authorized representative, and that the permittee will during January of each year make a return to the Secretary of Agriculture, under oath, of such of the records of measurements made by or in the possession of the permittee as may be required by the Secretary of Agricul- ture and for the year ending on December thirty-first preceding. (I) That the works to be constructed and maintained under the permit will not be owned, leased, trusteed, possessed, or controlled by any device or in any manner so that they form part of, or in any way effect, any combination in the form of an unlawful trust, or form the subject of any contract or conspiracy to limit the output of electric energy, or in restraint of trade with foreign nations or between two or more States or Territories, or within any one State or Territory in the generation, sale, or distribu- tion of electric energy. (J) To protect all Government and other telephone lines at crossings of and at all places of proximity to the trans- mission line and to maintain the line in such a manner as to prevent injury to stock grazing on the National Forests. (K) To clear and keep clear the land along the trans- mission line where it crosses National Forest lands. (L) To dispose of all brush and other refuse resulting from the clearing out or cutting of timber on the National Forest lands to be occupied under the permit for which application is made. 80 THE USE BOOK. (M) To build and repair roads and trails whenever any roads or trails are destroyed or injured by construction work or flooding under the permission applied for, and to build and maintain necessary and suitable crossings for all roads and trails which intersect the conduit, if any, con- structed, operated, or maintained on the lands the occu- pancy and use of which is applied for. (N) To pay for the full value of all merchantable timber upon National Forest lands to be cut, injured, or destroyed. (0) To pay full value for all damage to the National Forests resulting from the breaking of or the overflowing, leaking, or seeping of water from the works to be con- structed, maintained, or operated under the permission applied for, and for all other damage to the National Forests caused by the neglect of the permittee or the em- ployees, contractors, or employees of the contractors of the permittee. (P) To sell electric energy to the United States, when requested, at as low a rate as is given to any other pur- chaser for a like use at the same time: Provided, That the permittee can furnish the same to the United States without diminishing the measured quantity of energy sold before such request to any other customer by a binding contract of sale: And provided further, That nothing in this clause shall be construed to require the permittee to increase its permanent work or to install additional gen- erating machinery. (Q) To do all reasonably within its power to prevent and suppress forest fires on or near the lands to be occu- pied under permit. THE USE BOOK. ak REG. L-14. During the progress of construction amend- ments to maps of location or plans of structures will be required from the permittee if there is a physical inter- ference with the use of lands granted by existing permits or pending applications, or if there is a material deviation from the maps or plans as originally filed, but no deviation will be considered material which involves a change of less than 10 per cent in the estimated gross capacity of the works. Any approval of an amendment of a map or plan or of any extension of time shall be in the form of a supple- mental stipulation and permit so drawn as to become a part of the original stipulation and permit and a substi- tute for the clauses amended. Any approval by the Secre- tary of Agriculture of any amendment of any map or plan shall apply only to the portions specifically covered by such approval, and no approval of any such amendment shall operate to amend or be in any way a waiver of any other part, condition, or provision of the stipulation. If after the completion of the works there are any devia- tions in location from those shown upon the original map, or approved amendments thereof, additional maps prepared in the manner prescribed for original maps of location will be required to be filed with the District Forester within six months after the completion of each part of the works showing the extent of such deviations and the final loca- tions of such parts of the works. Also upon the completion of the works detailed working plans will be required of the works as constructed, except of such parts as have been constructed in compliance with plans originally filed or approved amendments thereof. Such new or additional oo THE USE BOOK. plans may be originals on tracing linen or Van Dyke nega- tives of the permittee’s own working plans. Tho plans of conduits, dams, and appurtenant structures must be com- plete; of power houses, only general lay-out plans are required. REG. L-15. An extension of the periods stipulated by the permittee for beginning construction, or for the com- pletion of construction and the beginning of operation, will be granted only by the written approval of the Sec- retary of Agriculture after a showing by the permittee satisfactory to the Secretary of Agriculture that the beginning or completion of construction and beginning of operation has been prevented by engineering difficulties that could not reasonably have been foreseen, or by other special and peculiar causes beyond the control of the permittee. ; ; REG. L-16. Upon the presentation to the Secretary of Agriculture of certified copies of sale, lease, assignment, execution of judgment, or other form of transfer of the properties or other rights of the permittee in and to the works constructed under a water-power permit and of the water or other rights necessary to the enjoyment of the use of the said works, the said Secretary may, in his dis- cretion, upon the formal surrender of the original permit and the filing of a stipulation satisfactory to the said Secretary by the purchasers, transferees, executors, suc- cessors, lessees, or assigns of the original permittee, issue a new permit for the unexpired term of the original permit to such purchasers, transferees, executors, successors, lessees, or assigns, authorizing him, it, or them to occupy THE USE BOOK. So and use the lands of the United States specified in the original permit for the purposes named in the original permit. REG. L-17. If any person shall make a false engineer’s affidavit under regulation L—10 the Secretary of Agricul- ture may order that no map, field notes, plan, or estimate made by such person shall be received or filed while the order is in force. If any applicant shall offer or file any map, field notes, plan, or estimate bearing a false engi- neer’s affidavit, knowing the same to be false, the Secretary of Agriculture may order that no water-power application shall be received from and no water-power permit shall be granted to such applicant while the order is in force. WATER-POWER FORMS. Form 58. UNITED STaTES DEPARTMENT OF AGRICULTURE, Forest SERVICE. (Use applied for.) (Date of priority of application.) Application for preliminary water-power permit. The , a corporation organized and existing under and by virtue of the laws of the State (or Territory) of , and having its office and principal place of business at , in the State (or Territory) of 71956°—11——3 34 THE USE BOOK. : , citizen of the United States and resident of the State (or Territory) of ,do hereby make application for a pre- liminary permit for months, covering certain lands of the United States within the National Forest in the State (or Territory) of as such lands are approximately shown upon a certain map executed b , on the day of , 19—, which map is filed herewith and made a part hereof. This applica- tion is made in order that may, upon the filing of a complete and final application in accordance with the regulations of the Sec- retary, secure a priority for said final application from the date of the filing of this preliminary application. (Space for insertion of request for eet ate work if necessary to maintain water rights. ) ha caused this instrument to be exe- 19—. 9 + In witness whereof, cuted this — day of [Seal of corporation. ]} Attest: b] Secretary. Form 58a. UNITED States DEPARTMENT OF AGRICULTURE, Forest SERVICE. Certificate of receipt of preliminary application. The within application of , dated water-power permit was received by me at of , 19—, at m. for preliminary , this — day Soe District Forester. I certify that I have examined the within application of ——-— for preliminary water-power permit and have found it as described in detail in a certain letter to said applicant dated : and signed by the , District Forester, a copy of which is attached hereto. District En gineer. Dated , 19—. THE USE BOOK. 85 The within application of , for preliminary water-power permit, having been returned to the applicant for completion, has been received by me at , on this day of , 19— at m. ? District Forester. I certify that the within application of for preliminary water-power permit is complete as required by the regulations of the Secretary of Agriculture. District Engineer. Dated , 19—. If when first examined by the District Engineer, the application is complete as required by the regulations, the second and third forms of certification will be canceled. Form 59. UniIreD STATES DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY. to eee ee Water Power. (Name of Forest.) Sela sithealeialnle.e oie «c/a es © ec 8 © ee ee 20 2 2 © fg tt Cae eo ea). eS ees sve le 6 se ee o's (Use applied for.) (Date of priority of application. } Preliminary water-power permit. This preliminary permit issued this day of , 19—, to the Company, hereinafter called the permittee, a corpora- tion organized and existing under and by virtue of the laws of the State (or Territory) of , and having its office and principal place of business at , in the State (or Territory) of Witnesseth: That, | ; Whereas the permittee filed with the District Forester at : , on the day of , 19—, at m., an applica- tion for a preliminary permit, in accordance with the regulations of the Department of Agriculture; And whereas the permittee, on the day of , 19—, paid to the National Bank of (United States deposi- tary), to be placed to the credit of the United States, the sum of dollars ($ 5 36 THE USE BOOK. Now, therefore, the conditions of this permit are as follows: Clause 1. If the permittee shall, on or before the day of , 19—, file with the District Forester at : , in the manner prescribed by the regulations and instructions of the Secre- tary of Agriculture, a complete and final application for a permit to occupy and use lands of the United States within the ——— National Forest as shown upon a certain map executed by ——-— on the day of , 19—, and made a part of the aforesaid preliminary application for (1) reservoir to be located approximately as shown upon the aforesaid map; (2) — con- duit to be located between points of diversion and discharge as approximately shown upon the aforesaid map; and (3) power-house site to be located approximately as shown on the aforesaid map: then and thereupon said final application shall with reference to priority of application relate back and be effective as of the date of the aforesaid preliminary application, and the priority of the permittee’s application for a permit to occupy and use the lands of the United States, as such lands are shown in its final appli- cation shall be established as against any other application for a like use, covering in whole or in part the same lands, which may have been filed subsequently to the filing of the aforesaid preliminary application. Provided, however, that if the permittee shall include in said final application lands covering developments not comprehended by its preliminary application, the priority of its application for such additional lands shall date only from the date of the filing of said final application. Clause 2. The permittee shall pay to the National Bank of (United States depositary), or such other Government depositary or officer as may hereafter be legally designated, to be placed to the credit of the United States the following amounts on or before the following dates, to wit: ; , 19—, dollars ($ ). Clause 3. If any one or any part of the amounts named in Clause 2 hereof shall, after due notice has been given, be in arrears for sixty (60) days, then and thereupon this permit shall terminate and become void. Clause 4. If upon the filing of the said final application a water- power permit is granted by the Secretary of Agriculture to the per- mittee to occupy and use the aforesaid lands for the construction, maintenance, and, or, operation of the aforesaid works; all payments made in consideration of this preliminary permit shall be credited to the permittee and be applied to the payment of charges due, or to THE USE BOOK. oe become due, under the said water-power permit: Provided, however, That if such final application provides for only a partial development of the project cr projects, as outlined in the aforesaid preliminary application and as protected by this permit, then only such pro- portional part of the aforesaid payments shall be credited to the permittee as the amount of development provided for in said final application bears to the amount of development indicated in said preliminary application. Clause 5. This permit shall terminate and become void upon the date named in Clause 1 hereof, unless extended by the written consent of the Secretary of Agriculture, and such extension shall not be granted unless the completion of the final application has been prevented by unusual climatic conditions that could not reasonably have been foreseen, or by some special or peculiar cause beyond the control of the permittee; and if at the date of the termination of this permit as named in Clause 1 hereof, or at the date of the termination of any extension of time as herein provided, the permittee has failed to present a complete and final application in the manner and in the form prescribed in Clause 1 hereof, then and thereupon the aforesaid priority shall be lost, and no other application covering in whole or in part the same or adjacent lands will be accepted from the per- mittee for a period of one year subsequent to the date of the termina- tion of this permit or to the date of the termination of any extension thereof. Clause 6.! This permit shall give no right to begin construction of any kind or to cut or destroy any timber upon National Forest lands; but shall give only the right to establish priority of application as hereinbefore provided. Clause 6.1 The permittee is hereby authorized to begin the con- struction of the following works: Clause 7. This permit is nontransferable. In witness whereof, I have hereunto set my name this of ike day Secretary of Agriculture. ———» 1Cancel form of clause not used. 38 THE USE BOOK. Form 60. UNITED StaTES DEPARTMENT OF AGRICULTURE, Forest SERVICE. (Use applied for.) (Date of priority of application.) Application for final water-power permit. The ———,, a corporation organized and existing under and by virtue of the laws of the State (or Territory ) of ———, and having its office and principal place of business at ——-—, in the State (or Territory) of ———. , citizen of the United Statesand resident of the State (or Territory) of ———, do hereby make application for permission to occupy and use certain lands of the United States within the ——— National Forest in the State (or Territory) of by constructing, maintaining, and, or, operating thereon for the main purpose of the generation of electric power, the following works: (Cancel such of the four following items (a), (0), (c), (d) as may not be applicable.) (a) - ee ——-—~ dams approximately (Masonry, earth, ete., diverting or storage.) feet in maximum height and approximately ———— feet in maximum length, to occupy approximately ———— acres, respec- tively, and to form ———— reservoirs to flood approximately acres at extreme flood level and approximately ——— acres at spill- way level, respectively; ! in section ———-, township ———, range ———, ——— meridian, of which total of ——— acres approximately acres are National Forest land; said dams and said reservoirs being designated respectively as follows: (6) ——— conduits approximately ———— miles in length, respec- tively,! crossing sections ———,, township —, range ———_, ——— meridian, of which total of ——— miles approximately ———— miles will lie upon National Forest land, said conduits being designated respectively as follows: 1 Tf land is unsurveyed substitute for the description by legal subdivisions in para- graphs (a), (b), (c), and (d) the following: ‘‘ Located on certain lands described and shown by the maps and field notes accompanying the application filed with the Dis- trict Forester on the day of , 19—.”’ THE USE BOOK. 39 (c) power houses and appurtenant structures to occupy approximately acres, respectively,! in section , town- ship , range ; meridian, of which total of acres approximately acres are National Forest land; said power houses being designated respectively as follows: A (d) transmission lines miles in length, respectively, ' crossing sections , township , range ,— meridian, of which total of miles approximately ——— miles will cross National Forest land; said transmission lines being desig- nated as follows: : All as approximately shown upon certain maps and plans exe- cuted by , on the day of , 19—, which maps and plans are filed together herewith and designated as follows: (Designate each original of map or plan as ‘‘Exhibit A,” ‘Exhibit B,”’ etc., following each such designation by the title of the map or plan as ‘‘Exhibit A,’’ Map of location of, etc.; ‘‘Exhibit —,” Plan of, etc.), which maps and plans together with certain field notes, estimates and data, evidence of water rights, articles of incorporation, and evidence of authority to conduct business, designated respectively as ‘‘ Exhibit —,’’ *‘ Exhibit —,” ‘‘ Exhibit —,’’ “Exhibit —,” and ‘‘Exhibit —,’’ are hereby made a part of this application. This application has been prepared to be filed in accordance with the regulation of the Secretary of Agriculture, in order that may obtain the benefits of the act of Congress approved February 15, 1901, entitled ‘‘An act relating to rights of way through certain parks, reservations, and other public lands;” and that the use and occupation of the lands for which this application is made is desired for the purpose of generating electric power (Add use to which power is to be put and any other purpose for which land may be desired.) In witness whereof ha caused this instrument to be executed this — day of , 19—. [Seal of corporation. ] Attest: Secretary. 1 Tf land is unsurveyed substitute for the description by legal subdivisions in paragraphs (a), (b), (c), and (d) the following: ‘‘ Located on certain lands described and shown by the maps and field notes accompanying the application filed with the District Forester on the day of , 19—.”’ 40) THE USE BOOK. Form 60a. UNITED STaTES DEPARTMENT OF AGRICULTURE, Forest SERVICE. Certification of receipt of final application. The within application of , dated — power permit, was received by me at 19—, at m. , for a final water- , this — day of ——— ? District Forester. I certify that Ihave examined the within application of a final water-power permit, and have found it detail in a certain letter to said applicant, dated by the =TOL as described in ,and signed District Forester, a copy of which is attached hereto. per en: District Engineer. Dated , 19—. The within application of ,for a final water-power permit, having been returned to the applicant for completion, has been received by me at ———, this day of , 19, at m. "7. Se gad District Forester. I certify that the within application of — , for a final water- power permit, is complete as required by the regulations of the Secre- tary of Agriculture. ia ? District Engineer. Dated If when first examined by the District Engineer the application is complete as required by the regulations, the second and third forms of certification will be canceled. , 19—. THE USE BOOK. 41 60b. Unitep States DEPARTMENT OF AGRICULTURE, Forest SERVICE. Form of affidavit of engineer on map of location. STaTE oF ———, County of ———, ss: ———., being duly sworn, says he is the engineer of (or the person employed to make the survey by) the — Company; that the sur- vey of said company’s (conduits, transmission lines, reservoirs, and, or, power-house sites), described as follows: [Here describe each con- duit and transmission line by termini and length and each reservoir and, or, power-house site, by area and initial point], being a total length of conduit of approximately — miles, a total length of transmission line of approximately miles, a total area of reservoir site of approximately acres, and a total area of power-house site of approximately acres, was made by him (or under his direction) as engineer of (or as the person employed to make the survey by) said company, and under its authority; that said survey was commenced on the ——— day oi — , 19—, and ended on the ——— day of , 19—, and that said survey of said (conduits, transmission lines, reservoirs, and, or, power-house sites), approximately represents the proposed final location of said con- duit, and approximately represents the proposed final location of said transmission lines, and approximately represents the proposed final location of the flood line of said reservoirs, and approximately represents the necessary area and proposed final location for said power-house sites; and that said survey is accurately represented upon this map and by the accompanying field notes, marked “Exhibit —’’ (and no lake or lake bed, stream or stream bed, is to be used for said conduits or reservoirs except as shown on this map). Engineer. Subscribed and sworn to before me this ——— day of ———, 19—. [Seal.] eS Notary Public. 42 THE USE BOOK. 60c. UnitTeD STaTES DEPARTMENT OF AGRICULTURE, Forest SERVICE. Form of certificate of applicant on map of location. I, — , do hereby certify that I am the — of the >) Company; that —, who subscribed the accompanying affidavit, is the engineer of (or the person employed to make the survey by) the said company; that the survey of the (conduits, transmission lines, reservoirs, and, or, power-house sites), as accurately repre- sented on this map and by the accompanying field notes, marked “Exhibit —,’’ was made under authority of said company; that said company is duly authorized by its articles of incorporation to con- struct (conduits, transmission lines, dams, reservoirs, and, or, power houses) upon the locations shown upon this map; that the location of said (conduits, transmission lines, reservoirs, and, or, power-house sites, as represented on this map and by said field notes, have been adopted by said company as the approximate final locations of said (conduits, transmission lines, dams, reservoirs, and, or, power-house sites) as described in the engineer’s affidavit hereon (and that no lake or lake bed, stream or stream bed is to be used for said (con- duits and reservoirs) except as shown on this map); and that in ac- cordance with the regulations of the Department of Agriculture this map has been prepared to be filed as ‘* Exhibit —”’ of an application of said company, dated , 19—, and bearing my signature as of said company. [Seal of company. ] —— -——_, ——— of the ——— Company. Attest: Secretary. THE USE BOOK. 43 60d. Unirep States DEPARTMENT OF AGRICULTURE, Forest SERVICE. Form of affidavit of engineer on notes of survey. STATE OF — , County of ss: , being duly sworn, says that he is the engineer of (or the person employed to make the survey by) the ——— Company; that the foregoing notes of survey are a true and complete copy of the field notes of an actual location survey made on the ground by him (or under his direction) as engineer of (or as the person employed to make the survey by) said company, and under its authority; and that all of said notes and no others were used in the preparation of the maps filed together herewith and marked ‘‘ Exhibit —.”’ Engineer. day of ———, 19—. Notary Public. Subscribed and sworn to before me this [Seal. ] 60e. UNITED StaTES DEPARTMENT OF AGRICULTURE, Forest SERVICE. Form of certificate of applicant on notes of survey. I, ———,, do hereby certify that I am the of the ——— Company; that , who subscribed the accompanying affidavit, is the engineer of (or the person employed to make the survey by) the said company; and that, in accordance with the regulations of the Secretary of Agriculture, the foregoing notes have been prepared to be filed as ‘“‘ Exhibit —” of an application of said company, dated , 19—, and bearing my signature as of said company. of the —-— Company. Attest: Secretary. 44 THE USE BOOK. GOf. Unirep STATES DEPARTMENT OF AGRICULTURE, Forest SERVICE. Form of affidavit of engineer on plans of structures. STATE OF , County of ae , being duly sworn, says he is the engineer of (or the person employed to make the designs and plans by) the ———- Company; that the designs of said company’s (conduits, dams, etc.), as accu- rately represented upon this plan, were made by him (or under his direction) as engineer of (or as the person employed to make the designs and plans by) said company, and under its authority; that the designs of said (conduits, dams, etc.), represent safe, proper, and adequate structures for the fullest economic utilization of the power available for development at the locations shown upon certain maps filed together herewith and marked ‘‘ Exhibit —.”’ Engineer. , 19—. Subscribed and sworn to before me this day of Notary Public. 60g. UNITED STATES DEPARTMENT OF AGRICULTURE, Forest SERVICE. Form of certificate of applicant on plans of structures. I , do hereby certify that I am the of the Company; that ———, who subscribed the accompanying affidavit, is the engineer of (or the person employed to make the designs and plans by) said company; that the designs of (conduits, dams, etc.), as accurately represented upon this plan, were made under the authority of said company; that said company is duly authorized by its articles of incorporation to construct (conduits, dams, etc.), of the character shown upon this plan; that the designs of said (con- duits, dams, etc.), as accurately represented upon this plan, have been adopted by said company as the approximate designs of the (conduits, dams, etc.), proposed to be constructed in the locations shown upon certain maps filed together herewith and marked “Exhibit —;” and that, in accordance with the regulations of the —— oe THE USE BOOK. 45 Secretary of Agriculture, this plan has been prepared to be filed as ‘Exhibit —” of an application of said company, dated , 19—, and bearing my signature as of said company. of the Company. [Seal of company. |] Attest: re ———.,, (Secretary.) 60h. UNITED STATES DEPARTMENT OF AGRICULTURE, Forest SERVICE. Form of affidavit of engineer on estimates and data. STATE OF , County of Meee , being duly sworn, says that he is the engineer of (or the person employed to collect the data and prepare the estimates of power by) the Company; that the foregoing data were col- lected by him and the foregoing estimates were prepared by him (or under his direction) as engineer of (or the person employed to collect the data and prepare the estimates of power by) said company, and under its authority; that the foregoing estimates, based upon all the data available therefor, represent, in his best judgment and belief, the amounts of power that can be developed by the entire works proposed to be constructed in the location shown upon certain maps filed together herewith and marked ‘‘Exhibit —”; that the foregoing data are all the data available for said estimates; and that all of said data and no others were used in making said estimates. Engineer. , 19—. Subscribed and sworn to before me, this day oi [Seal. | Notary Public. 46 THE USE BOOK. 60i. UNITED STATES DEPARTMENT OF AGRICULTURE, FOREST SERVICE. Form of certificate of applicant on estimates and data. I, ———,, do hereby certify that I am the of the Company; that , who subscribed the accompanying affidavit, is the engineer of (or the person employed to collect the data and prepare the estimates of power by) said company; that the foregoing estimates have been approved by said company; and that, in accordance with the regulations of the Secretary of Agriculture, said estimates have been prepared to be filed as ‘‘Exhibit —” of an application of said company dated , 19—, and bearing my signature as of said Company. [Seal of company. | , of the Company. Attest: ; Secretary. ForM 61. UNITED STATES DEPARTMENT OF AGRICULTURE, Forest SERVICE. ees) PEP eee ee , Water Power. "(Use applied for.) (Date of priority of application.) Water-power stipulation. The Company, hereinafter called the permittee, a corpora- tion organized and existing under and by virtue of the laws of the State (or Territory) of ———.,, and having its office and principal place of business at , in the State (or Territory) of having on the day of , 19—, filed with “he District Forester at , an application, in accordance with the regula- tions of the Secretary of Agriculture, for a permit to occupy and use certain lands of the United States within the National Forest in the State (or Territory) of , and more particularly described in and shown by the maps and plans accompanying said application THE USE BOOK. Ali and made a part thereof, upon which to construct, maintain, and operate certain works described in said application for the purpose of storing, conducting, and, or, using water for generating electric energy, and for the purpose of transmitting said energy, does hereby, in consideration of and as a prerequisite to the approval of the said application and the granting of the permit applied for, stipulate and agree as follows, to wit: 1. To construct its works on the locations shown upon the maps and in accordance with the plans specifically described in its final appli- cation for a permit, filed with the District Forester at on the day of , 19—, which said maps and plans are hereby made a part of this stipulation, and to make no material deviation from said locations or from said plans unless and until maps or plans showing such deviation shall have been filed with the District For- ester and approved by the Secretary of Agriculture. 2. To file, within six (6) months after the completion of each part of the works as required in Clause 4 hereof, in the manner prescribed for original maps of location, maps showing the final location of such part of the works as constructed, if such final location varies from that shown upon maps originally filed or upon approved amend- ments thereof; and to file also within six (6) months of the comple- tion of each part of the works as aforesaid, in such manner as may be prescribed by the Secretary of Agriculture, detailed working plans of each part of the works as constructed, except of such parts as have been constructed in compliance with the plans originally filed or approved amendments thereof. 3. 1 To begin the construction of the aforesaid works within the period of months from the date of the permit for which appli- cation has been made, and to secure which this stipulation is filed with the District Forester, and thereafter to diligently and continu- ously prosecute such construction unless such construction is tem- porarily interrupted by climatic conditions or by some special or peculiar cause beyond the control of the permittee. 3. 1 To begin the construction of the following several parts of the aforesaid works within the several periods in this clause provided, which periods shall begin on the date of the permit for which appli- cation has been made, and to secure which this stipulation is filed with the District Forester, and thereafter to diligently and continu- ously prosecute such construction, unless such construction is tein- 1 Use the first form of Clauses 3 and 4 when but one complete project is to be con- structed and it is inadvisable to separate it into two or more units of construction. When several distinct projects are involved, or where it may be desirable to divide a single project into two or more units of construction, use the second form of Clauses 3and 4. Cancel out form not used. 48 THE USE BOOK. porarily interrupted by climatic conditions or by some special or peculiar cause beyond the control of the permittee: (1) Within months, Project A, consisting of 4. 1 To complete the construction and begin the operation of the aforesaid works within a period of months from the date of the permit for which application has been made and to secure which this stipulation is filed with the District Forester. 4. ! To complete the construction and begin the operation of the following several parts of the aforesaid works within the several periods in this clause provided, which periods shall begin on the date of the permit for which application has been made and to secure which this stipulation is filed with the District Forester: (1) Within months, Project A, consisting of ; 5. That it is understood that the term ‘‘construction of the works,’’ as used in this stipulation, shall be deemed and taken to mean only: the actual construction of dams, conduits, power houses, transmission lines, or some permanent structure necessary to the operation of the completed works; and shall not include surveys, or the building of roads or trails, or the clearing of lands, or the performance of any work preliminary to the actual construction of the permanent works. 6. That it is understood that if at the date of the termination of any one of the periods specified in Clause 3 hereof, unless such period is extended by the written approval of the Secretary of Agriculture after a showing by the permittee satisfactory to the Secretary of Agri- culture, that such beginning of construction of that part of the works required to have been begun within such period has been prevented by the act of God or the public enemy, or by engineering difficulties that could not reasonably have been foreseen, or by other special and peculiar cause beyond the control of the permittee, thereupon the permission to occupy and use the lands of the United States within a National Forest for all parts of said works, the construction of which has not been begun on said date, shall terminate and become void, and that the water-power permit, in so far as such parts of said works are concerned, shall become of no effect. 7. That it is understood that the periods specified in Clause 4 hereof for the completion of construction and the beginning of opera- tion of the several parts of the works will be extended only upon the written approval of the Secretary of Agriculture after a showing by the permittee, satisfactory to the Secretary of Agriculture that the completion of construction and beginning of operation has been pre- 1 Use the first form of Clauses 3 and 4 when but one complete project is to be con- structed and it is inadvisable to separate it into two or more units of construction. When several distinct projects are involved, or where it may be desirable to divide a single project into two or more units of construction, use the second form of Clauses 3 and 4. Cancel out form not used. THE USE BOOK. 49 vented by the act of God, or the public enemy, or by engineering difficulties that could not reasonably have been foreseen, or by other special and peculiar cause beyond the control of the permittee; and, if such extension be not approved, that thereupon the permission to occupy and use the lands of the United States within a National For- est for such parts of said works shall terminate and become void; and that thé water-power permit, in so far only as such parts of said works are concerned, shall become of no effect. 8. That, except when prevented by the act of God, or by the public enemy, or by unavoidable accidents or contingencies, the permittee will, after the beginning of operation, continuously operate for the generation of electric energy the works constructed, maintained and, or, operated, in whole or in part, under the aforesaid permit: unless upon a full and satisfactory showing of the reasons therefor this requirement shall be temporarily waived by the written consent of the Secretary of Agriculture. 9. That any approval by the Secretary of Agriculture of any altera- tion or amendment, as hereinbefore provided, of any map or plan, or of any extension of time, shall affect only the matter specifically covered by such approval; and that no approval of any such altera- tion, amendment, or extension shall operate to alter or amend, or in any way whatsoever be a waiver of any other part, condition, or pro- vision of this stipulation. 10. To pay annually in advance from the Ist day of January, 19—, to the National Bank of — (United States depositary), or such other Government depositary or officer as may be hereafter legally designated, to be placed to the credit of the United States, a charge for the occupancy and use of the lands described and shown upon the maps hereinbefore referred to, which charge shall be based upon the value for power purposes of the lands of the United States, permission for the occupancy and use of which has been apphed for, or will hereafter be applied for; and the measure of said value for said power purposes shall be deemed and taken to be the net power capacity of the works constructed, maintained, and, or, operated under said permit, as said net power capacity is hereinafter fixed or determined in Clause 12: It being understood that the term ‘‘gross power capacity,’’ as used in this stipulation, shall be deemed and taken to mean the power capacity of the entire works to be con- structed, maintained, and, or, operated in whole or in part under the permit for which application is made: Provided, That the term ‘power capacity,” as used in this stipulation, shall be deemed and taken to mean estimated average annual station output in electrical horsepower, which under continuous operation with reasonable load factor is possible of development from all water available therefor 71956 °—11—_—-4 50 THE USE BOOK. falling through effective head, with deductions for reasonable me- chanical and electrical losses in generating machinery, and that the term ‘‘load factor,” as used in this stipulation, shall be deemed and taken to mean ratio of average output to maximum output; that the term ‘‘net power capacity,’ as used in this stipulation, shall be deemed and taken to mean the gross power capacity, as above de- fined, less the deductions hereinaiter specifically set forth. 1l. That the gross power capacity of the entire works to be con- structed, maintained, and, or, operated, in whole or in part, under the aforesaid permit shall, for the purposes of this stipulation be deemed and taken to be ——— electrical horsepower, of which amount the storage power of the reservoir or reservoirs, to be con- structed, maintained, and, or, operated, in whole or in part, under said permit shall, for the purpose of this stipulation, be deemed and taken to be ——— electrical horsepower: It being understood that the term ‘‘storage power” as used in this stipulation shall be deemed and taken to mean that part of the aforesaid gross power capacity which is made possible of development by the use of the aforesaid reservoir or reservoirs: It being further understood that if any altera- tions or amendments of the maps of location or plans of structures, as provided for in clauses | and 2 hereof, shall cause an increase or a decrease of the gross power capacity or of the storage power as here- inbefore taken, said increased or decreased gross power capacity and storage power shall, from the beginning of the calendar year next succeeding the date of the approval of said alterations or amend- ments, be deemed and taken to be, for the purposes of this stipula- tion, the gross power capacity of the works and the storage power of the reservoir or reservoirs, to be constructed, maintained, and, or, operated under said permit; and, It being further understood that if at any time not less than ten (10) years after the original or after the last preceding determination of the said gross power capacity, either the permittee or the Secretary of Agriculture, on the ground of the inaccuracy, insufficiency, or inapplicability of the data upon which said original or said last preceding determination of the said eross power capacity was made, shall apply for or give notice of review of said original or said last preceding determination, then and there- upon such review shall be taken by the said Secretary and a redeter- mination of the gross power capacity and of the storage power shall be made; and the said redetermined gross power capacity and the said redetermined storage power shall, for the purposes of this stipulation, and from the beginning of the next calendar year, be deemed and taken to be the gross power capacity of the works and the storage power of the reservoir or reservoirs, constructed, main- tained, and, or, operated, in whole or in part, under said permit. THE USE BOOK. 51 12. That it is understood that in order to determine the net power capacity upon which the aforesaid charge shall be calculated, deduc- tions from the gross power capacity as hereinbefore taken or deter- mined will be made as follows: (a) An amount bearing approximately the same ratio to the storage power of the reservoir or reservoirs, to be constructed, maintained, and, or, operated under the aforesaid permit, as the area of unre- served lands and patented lands within the flood lines of such reser- voir or reservoirs bears to the total area within said flood lines, as of the beginning of each year; It being understood that the term ‘‘unre- served lands,’’ as used in this stipulation, shall be deemed and taken to mean lands of the United States not reserved as a part of any National Forest, and that this stipulation shall not affect such lands or restrict in any manner the right and duty of the United States to control the occupancy and use thereof through the depart- ment or office lawfully charged with their custody or control; and It being further understood that the term “‘patented lands,’’ as used in this stipulation, shall include all lands to which title has been perfected in persons, corporations, States, and Territories; also all lands outside the United States. (6) An amount bearing approximately the same ratio to the dif- ference between the aforesaid gross power capacity and the aforesaid storage power as the length of the conduit or conduits to be con- structed, maintained, and, or, operated, under said permit, upon unreserved lands and upon patented lands, bears to the total length, from intake to power house, of the said conduit or conduits, as of the beginning of each year; It being understood that the word ‘‘conduit,”’ as used in this stipulation, shall include ditches, canals, flumes, pipe lines, and all other means for the conveyance of a flow of water. (c) From the gross power capacity remaining after the said deduc- tions (a) and (b) have been made will be made a further deduction, which deduction, in per cent, wil] be calculated by multiplying the square of the distance of primary transmission in miles by the con- stant factor 0.001; It being understood that in no case will deduction (c)exceed twenty-five (25) per cent, and that the net power capacity resulting from said deductions from the aforesaid gross power capacity shall be deemed and taken to be, as of the beginning of each year, the net power capacity upon which the aforesaid charge shall be calculated. 13. That it is understood that if any part of the electric energy generated by the works constructed either in whole or in part under the aforesaid permit is used by the permittee itself in the operation of its own mines or in the milling or reduction of ores therefrom, or asauxiliary to irrigation works owned and operated by the permittee, o2 THE USE BOOK. or for such other miscellaneous uses as may be determined by the Secretary of Agriculture to fall within ‘‘noncommercial” use, the aforesaid net power capacity upon which the aforesaid charge for any year is to be calculated shall, before such calculation, be reduced by an amount bearing approximately the same ratio to the aforesaid net power capacity as the amount of electric energy generated by the said works and used for the purposes in this clause above named during the last preceding year bears to the total amount of energy generated by the said works during the said last preceding year. 14. That the rates at which the aforesaid charge shall be calculated shall be the following amounts per net electrical horsepower per annum: Horde first Veal c2..20-aam~ted+ ode te 22 2 aot oe ee $0. 10 Hor the-second year. 14.2.5 hey. aS ae eo 0. 20 Por the third: year... scsnacs9 J. ah. 56a seen eee a 0. 30 For the fourth year.<<.22:: 2.2.22 2ivese send 5 eee Por the fifth years. . <0 5.5 6esce eS ieess oo ee oe 0. 50 Por the sixth year-.. ses 20-65 eee 22S 0. 60 For the seventh years. 2.0... 225s tee 2S 0. 70 or the eiehth year... 252 Ydieesss 252 et a 0. 80 For ihe nimith years. 32.48.08 22 ea i ee 0. 90 For the tenth and each succeeding year.......-- +: tase eee 1. 00 15. That it is understood that if the permittee completes the con- struction and begins the operation of the several parts of the aforesaid works within the periods provided for in Clause 4 hereof, or any approved extensions thereof, thereupon all charges for the occupancy and use of the lands for the said works so completed and operated which may have been paid prior to the date of the termination of such periods, or any extensions thereof, will be credited to the per- mittee and will be applied to the payment of charges due at the termination of such periods or any extensions thereof, or to become due thereafter, and the rate of ten (10) cents per net electrical horse- power per annum will apply from the date of the termination of the period or periods for the completion of construction and the beginning of operation specified in Clause 4 of this stipulation, or any approved extension thereof, and shall increase by ten (10) cents per net elec- trical horsepower per annum for each year thereafter until a rate of one dollar ($1.09) per net electrical horsepower per annum is reached, and will then remain at the rate of one dollar ($1.00) per net electrical horsepower per annum until the expiration of the aforesaid permit. 16. That it is understood that if any part of the aforesaid charge, payable as hereinbefore provided, shall, after due notice has been given, be in arrears for six (6) months, then and thereupon the said THE USE BOOK. ita permit to occupy and use the lands of the United States covered by said permit within a National Forest shall terminate and be void. 17. That the decision of the Secretary of Agriculture shall be final as to all matters of fact upon which the gross power capacity of the works and the storage power of the reservoir or reservoirs, con- structed or to be constructed, maintained and, or, operated, in whole or in part, under the aforesaid permit, and the net power capacity of the aforesaid works for any year, depend. 18. To install and maintain in good operating condition, free of all expense to the United States, accurate measuring weirs, gauges, and, or, other devices approved by the Secretary of Agriculture or his authorized representative, adequate for the determination of the natural flow of the stream or streams from which water is diverted . for the operation of said works, and of the amount of water used from the natural flow in the operation of said works, and of the amounts of water held in and drawn from storage, and to keep accurate and sufficient records, to the satisfaction of the Secretary of Agriculture, or his authorized representative, of the above-named measurements. 19. That the books and records of the permittee, in so far as they show the amount of electric energy generated by the works con- structed, maintained, and, or, operated, in whole or in part, under the aforesaid permit, or the amounts of water held in or used from storage, or the stream flow, or any other data of the watershed fur- nishing the water used in the generation of said energy, shall be open at all times to the inspection and examination of the Secre- tary of Agriculture, or his duly authorized representative, and the permittee will, during January of each year, unless the time thereof is extended by the written consent of the Secretary of Agriculture, make a return to said Secretary, certified under oath, in such form as may be prescribed by thesaid Secretary, of such of the records of measurements’ made by or in the possession of the permittee, as may be required by the said Secretary, concerning the matters in this clause above named, and for the year ending on December thirty-first preceding. 20. That the works constructed, or to be constructed, maintained, and, or, operated under the aforesaid permit, will not be owned, leased, trusteed, possessed, or controlled by any device, permanently, tem- porarily, directly or indirectly, tacitly, or in any manner whatsoever so that they form a part of, or in any way effect, any combination, or are in any wise controlled by any combination, in the form of an unlawful trust, or form the subject of any contract or conspiracy to limit the output of electric energy, or in restraint of trade with foreign nations or between two or more States or Territories or within any 54 THE USE BOOK. one State or Territory in the generation, sale, or distribution of electric energy. 21. That the aforesaid permit shall be subject to all prior valid claims and permits which are not subject to the occupancy and use authorized by said permit. 22. To protect all Forest Service and other telephone lines at cross- ings of and at all places of proximity to the transmission line in a standard mannet and satisfactory to the Forest officers, and to main- tain the line in such a manner as to prevent injury to stock grazing on the Forest. 23. To clear and keep clear the land along the transmission line for such width and in such manner as the Forest officers may direct. . 24. To dispose of all brush and other refuse resulting from the necessary clearing of or cutting of timber on the lands occupied and, or, used under the permission applied for, as may be required by the Forest officer in charge. 25. To build and repair roads and trails as required by the Forest officer, or other duly authorized officer or agent of the United States, whenever any roads or trails are destroyed or injured by the construc- tion work or flooding under the permission applied for, and to build and maintain suitable crossings as required by the Forest officer, or other duly authorized officer or agent of the United States, for all roads and trails which intersect the conduit, 1f any, constructed, maintained, and, or, operated on the lands the occupancy and use of which have been applied for and to secure which this stipulation is filed with the District Forester. 26. To pay in advance, as required by the District Forester, to the United States depositary or officer, as above set forth in clause 10 hereo!, to be placed to the credit of the United States, the full value of all merchantable, live and dead timber cut, injured, or destroyed in the construction of said works, title to which at the time of said cut- ting, injury, or destruction is in the United States; such full value to be deemed and taken to be the amount of timber fixed by the District Forester according to the scale, count, or estimate of the Forest officer or other agent of the United States, in charge of said scale, count. or estimate, at a price which shall be the prevailing stumpage price for similar material on the said National Forest at the time of said cutting, injury, or destruction. 27. To pay, on demand of the District Forester, or other duly authorized officer or agent of the United States, to the United States depositary or officer, as above set forth in Clause 10 hereof, to be placed to the credit of the United States, full value as fixed by such District Forester or other duly authorized officer or agent, for all damage to the National Forests resulting from the breaking of, THE USE BOOK. 5 or the overflowing, leaking, or seeping of water from the works constructed, maintained, and, or, operated under the permission applied for, and for all other damage to the National Forests caused by the neglect of the permittee or that of its employees, contractors, or employees of contractors. 28. To sell electric energy to the United States, when requested, at as low a rate as is given to any other purchaser for a like use at the same time: Provided, That the permittee can furnish the same to the United States without diminishing the measured quantity of energy sold before such request to any other consumer by a binding contract of sale: And provided further, That nothing in this clause shall be construed to require the permittee to increase its permanent works or to install additional generating machinery. 29. To do all reasonably within its power and to require of its employees, contractors, and employees of contractors to do all rea- sonably within their power both independently and upon the request of the Forest officers, to prevent and suppress forest fires upon and near the lands to be occupied under permit. In witness whereof the permittee has executed this stipulation on the day of , 19—. [Seal. ] Attest: By Secretary. Acknowledgment. STATE OF , County of Mey On this day of —, 19—, before me, a notary public in and for said county, duly commissioned and sworn, my commission expiring 19—, personally came to me personally known, who being by me duly sworn, did depose and say that he resides in ; that he is the of the Company; that said company is the corporation which is described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation, and that he signed his name thereto by like order; and the said acknowledged said instrument to be the free act and deed of said corporation. Witness my hand and official seal the day and year first above written. [Notarial Seal.] Notary Public. 56 THE USE BOOK. ForM 6la. Unitrep STaTES DEPARTMENT OF AGRICULTURE, ForeEStT SERVICE. Certification of receipt of stipulation. The within stipulation for the construction, maintenance, and operation of water-power works on lands of the United States within the ——— National Forest, executed by ———, on the ——— day of ———, 19—, was filed with me at ———-, this ——— day of ——,, 19—. ) District Forester. FORM 62. UNITED STATES DEPARTMENT OF AGRICULTURE, OFFICE OF THE SECRETARY. es Seis cee ee eee Water Power. = 6 0 6 « 6 66 <0 = 2 8 © = ws 6 = as ee 8 ie new ew ee me im ae Gee mem mw a a Set” Far te caw a ee (Use applied for.) (Date of priority of application.) Final water-power permit. Whereas the ———— Company, hereinafter called the permittee, by authority of a resolution of its board of directors, adopted on the —_—— day of ———,, 19—, filed with the District Forester at ———, on the ——— day of ———, 19—, in accordance with the regulations of the Secretary of Agriculture under the act of February 15, 1901, an application for permission to occupy and use, for the generation, distribution, and transmission of electric energy certain lands of the United States within the ——— National Forest, in the State (or Territory) of ———, and more particularly described and shown by the maps, field notes, plans, estimates and data accompanying the said application; Whereas the aforesaid maps and plans, as hereinaiter specifically set forth, have been adopted by the permittee as the maps of the approximate final location and as the approximate plans of the works which the permittee proposes to construct under this permit; and Whereas the permittee has paid to the — National Bank of (United States depositary), to be placed to the credit of the United States, the sum of ———— dollars ($-————); and Whereas the permittee on the ——— day of ———, 19—, exe- cuted, and on the — day of ———, 19—, ‘led with the District Forester at ———— a stipulation required by the Secretary of Agri- culture as a condition to the issuance of this permit; THE USE BOOK. 57 Now, therefore, I, ———, Secretary of Agriculture of the United States, in accordance with the authority conferred upon me by the act of February 15, 1901, do authorize the permittee to occupy and use the lands hereinbefore referred to, subject to the regulations of the Secretary of Agriculture and to the provisions hereinafter set forth, for the construction, maintenance, and, or, operation thereon, for the purposes in Clause 1 below set forth, of the following works: (Cancel such of the four following items (a), (0), (c), and (d) as may not be applicable.) a) ———__—_—__ ——_—_——_—— dams approximately (Masonry, earth, etc., diverting or storage.) feet in maximum height, and approximately t——— feet in maximum length, to occupy approximately ———— acres, respec- tively, and to ‘form ——— reservoirs to flood approximately acres at extreme flood level and approximalely t—— acres at spillway level, respectively; |! in section ————, township ; range ————_, ——— meridian, of which total of ——— acres approxi- mately — acres are National Forest land; said dams and said reservoirs being designated respectively as follows: (6) ——— conduits, approximately ———— miles in length, respectively,! crossing sectlons ————township -————, range meridian, of which total of ———- miles, approximately miles will lie upon National Forest land: said conduits being desig- nated, respectively, as follows: (c) ——— power houses and appurtenant structures to occupy approximately ———— acres, respectively,! in section———,, town- ship ———, range ———, — meridian, of which total of acres approximately ——— acres are National Forest land; said power houses being designated, respectively, as follows: OO) transmission lines miles in length, respectiv ely,! crossing section ————, township ————, range ————, ———— me- ridian, ‘of which total of ——— miles approximately — miles will cross National Forest land; said transmission lines being designated, respectively, as follows: ———— All as approximately shown upon certain maps and plans executed by ———, on the ——— day of ———, 19—, and designated as follows: ————__ (Designate each original of map or plan as % Exhibit nee oxhibit B.’’ etc., following each such designation by the title of the map or plan, as “Exhibit A , Map of Location of, ete.; 1 Tf land is unsurveyed substitute for the description by legal subdivisions in paragraphs (a), (6), (c), and (d) the following: ‘‘ Located on certain lands described and shown by the maps and field es Se the application filed with the District Forester on the ——— day of ———, 19— 58 THE USE BOOK. “Exhibit —,’’ Plan of, etc.), which maps and plans are hereby made a part of this permit. Clause 1. The works to be constructed and, or, operated under this permit shall be constructed, maintained, and, or, operated for the pur- pose of storing, conducting, and, or, using water for the generation of electric energy and for the purpose of the transmission of said energy. Clause 2. Unless sooner revoked by the Secretary of Agriculture, this permit shall terminate and become void at the expiration of fifty (50) years from the date hereof, and at said expiration may be deemed to be an application by the permittee for a new permit to occupy and use such lands as are occupied and used under this permit: Provided, That the permittee shall, not less than two or more than four years prior to the termination of said fifty (50) years, formally notify the Secretary of Agriculture that it desires such new permit, and shall comply with all laws and regulations at such time existing regulating the cocupancy and use for water-power purpose of lands of the United States within National Forests. Clause 3. Upon the presentation to the Secretary of Agriculture of certified copies of sale, lease, assignment, execution of judgment, or other form of transfer of the properties or other rights of the per- mittee in and to the works constructed under this permit and of the water or other rights necessary to the enjoyment of the use of the said works, the said Secretary may, in his discretion, upon the formal surrender of this permit, and the filing of a stipulation satis- factory to the said Secretary by the purchasers, transferees, execu- tors, successors, lessees, or assigns of the permittee, issue a new permit to such purchasers, transferees, executors, successors, lessees, or assigns, authorizing him, it, or them to occupy and use the afore- said lands of the United States for the purposes specified in this permit and in the stipulation to be filed as aforesaid, and for the unexpired term of this permit. Clause 4. The works constructed under this permit, excepting reservoirs, dams, and operating mechanism, and conduits and operating mechanism, may be removed by the permittee at any time during the life of this permit, and may be removed by the permittee, or by its successors in interest under Clause 3 hereof, after the termination of the permit if within one year of the date of said termination notice in writing of intention to remove within a reasonable time is filed with the Forest Supervisor. Clause 5. This permit is nontransferable. Pi witness whereof I have hereunto set my name this ———— day of ———, 19—. at a Secretary of Agriculture. THE USE BOOK. 59 Form 63. UniTED StaTES DEPARTMENT OF AGRICULTURE, Forest SERVICE. a ct ye area Water Power. (Name of applicant. ) Transmission Line. (Date of application.) Transmission line permit. This transmission line permit issued this day of ; 19—, to the Company, hereinafter called the permittee, a corporation organized and existing under and by virtue of the laws of the State (or Territory) of ,and having its office and principal place of business at ,in the State (or Territory) of , Wit- nesseth that, Whereas, the permittee filed with the Supervisor of the National Forest at on the day of , 19—, an appli- cation for permission to occupy and use certain lands of the United States within the National Forest, in the State (or Territory) of ’ And whereas, the permittee on the day of , 19—, paid to the National Bank of (United States depositary) to be placed to the credit of the United States, the sum of dollars ($ ) as one year’s charge in advance from the date of the issuance of this permit: Now, therefore, the conditions of this permit are as follows: Clause 1. Permission is hereby granted to the permittee to con- struct and maintain a transmission line miles in length, within the boundaries of the National Forest, and crossing section , township , range , meridian whereof approximately miles will cross National Forest land, such location being as shown on a certain tracing accompanying the application for this permit, which tracing was executed by on the day of , 19—, and which tracing is hereby made a part of this permit; and said permission being subject to all regula- tions of the Secretary of Agriculture governing National Forests and to the specific provisions and considerations hereinafter set forth. Clause 2. The permittee shall pay to the ——— National Bank of ——— (United States depositary) or such other Government de- positary or officer as may hereafter be legally designated, to be placed to the credit of the United States, a charge annually in advance 60 THE USE BOOK. from January 1, 19—, of ----— dollars ($———) being at the approx- imate rate of five dollars ($5.00) per mile per annum. Clause 3. If any part of the aforesaid charge, payable as afore- said, shall, after due notice has been given, be in arrears for six (6) months, then and thereupon this permit shall terminate and become void and be of no effect. Clause 4. The permittee shall pay in advance, as required by the District Forester, to the United States depositary or officer as aforesaid, to be placed to the credit of the United States, the full value of all merchantable, live and dead timber cut, injured, or destroyed in the construction of said transmission line, title to which, at the time of said cutting, injury, or destruction, is in the United States; such full value to be deemed and taken to be the amount of timber fixed by the District Forester according to the scale, count, or estimate of the Forest officer or other agent of the United States in charge of said scale, count, or estimate, at a. price which shall be the prevailing stumpage price for similar mate- rial on the said National Forest at the time of said cutting, injury, or destruction. Clause 5. The permittee shall begin bona fide construction within months and complete within months from date of execution of this permit. Clause 6. The permittee shall clear and keep clear the land along the transmission line for such width and in such manner as the Forest officers may direct. Clause 7. The permittee shall protect all Forest Service and other telephone lines at crossings of and at all places of proximity to the transmission line in a standard manner and satisfactory to the Forest officers and shall maintain the line in such manner as to prevent injury to stock grazing in the Forest. Clause 8. The permittee shall do all reasonably within its power, and require of its employees, contractors, and employees of con- tractors to do all reasonably within their power, both independently and upon the request of the Forest offcers, to prevent and suppress forest fires upon and near the lands to be occupied under permit. Clause 9. This permit is nontransferable and is subject to all prior valid claims or permits which are not subject to the occupancy hereby permitted. In witness whereof I have hereunto set my hand this , 19—. day of ? District Forester. THE USE BOOK.. 61 INSTRUCTIONS TO FOREST OFFICERS. All applications for authority to occupy and use National Forest lands for the purpose of developing water power will be filed with the District Forester of the District in which the power is to be developed. Applications filed in error in the Forester’s or Super- visor’s office will be forwarded to the District Forester concerned. PRELIMINARY APPLICATIONS AND PERMITS. If an applicant desires to secure priority for its appli- cation during a time sufficient for the preparation of the maps, plans, and other data required to be filed with an application for a final water-power permit, it may do so by filing an application for a preliminary permit. (See Regulation L—-9 and Form 58.) The preliminary permit will be granted for a definite limited period, which will vary according to the circum- stances of the particular case, and will be only long enough to give a reasonable time for the preparation of a final application as prescribed in the regulations. In general, such period will not exceed two years. If a longer time than this is applied for and approved in any case, a special report will be made by the District Engineer showing the necessity for the longer period, which report will be submitted with the other papers in the case. Whenever the time prescribed by the State statutes within which construction must begin in order to 62 THE USE BOOK. maintain water rights is insufficient to enable the appli- cant to prepare a final application before beginning construction, a clause may be inserted in the prelimi- nary permit allowing construction to proceed to an extent sufficient to permit compliance with the State law. Only in exceptional cases will a clause be inserted allowing construction in advance of final application and permit for any other reason than to permit com- plance with the State law, and when inserted for any other reason the necessity for it must be fully explained in the recommendation of the District Forester. No extension will be granted except upon the written approval of the Secretary of Agriculture after a satis- factory showing by the permittee of the reasons for such extension, and after a report has been submitted by the District Forester. To prevent speculative holding of sites under pre- liminary permits and to secure the presentation of the final application within the time named in the prelimi- nary permit, an annual charge will be made during the term of the preliminary permit. The charge will be calculated on the basis of the estimated net capacity of the proposed works and at the rates prescribed in Regulation L-7. If the final application is filed in accordance with the terms of the preliminary permit, the payments made under the preliminary permit will be credited upon payments due or to become due under the final permit. The lines shown on the maps accompanying the final application will not be required to follow without THE USE BOOK. 63 change the lines as shown on the map accompanying the preliminary application, and the position and ar- rangement of conduits and power houses as shown upon the map accompanying the preliminary application may be changed, if the detailed surveys preceding the final application show such change to be desirable, but priority from the date of filmg of the preliminary appli- cation will be allowed for only so much of the projects shown in the application for final water-power permit as is within the approximate limits of diversion and discharge as shown in the application for the prelimi- nary water-power permit. (Regulation L-3.) Upon the failure of the permittee to comply with the terms of a preliminary permit, the District Forester will immediately submit to the Forester a letter pre- pared for the signature of the Secretary of Agriculture to the permittee giving him notice that the permit has terminated and that the priority has been lost. If a preliminary permit is thus terminated, no other appli- cation for a permit covering the same or adjacent lands will be received from the same applicant for a period of one year subsequent to the termination of the pre- liminary permit. Upon receipt of an application for the use of an area which is in whole or in part included in an existing permit previously issued, the District Forester will return the application to the applicant and will inform him fully of the existing permit and of the extent to which his application is in conflict therewith. The applicant may then amend his application to avoid 64 THE USE BOOK. such conflict, or may renew his application when at the termination of the existing permit the priority of apph- cation has been lost by the prior applicant. The date upon which priority of application is estab- lished shall be the date of the filing in the Office of the District Forester of the last map or paper necessary to constitute a complete application as required by Regu- lation L-9. If the application is received by mail, the envelope which contained the application shall be attached to and filed with the other papers. The date and hour of the receipt of a preliminary application will be inserted in the space provided on the form, and will be certified by the signature of the District Forester. Upon the receipt of preliminary applications with their accompanying maps and papers, the District Engineer will examine them in the order of their receipt, as certified by the District Forester, with a view of determining whether the application is complete as required by the regulation. If complete, the District Engineer will certify to the fact in the space provided on the form. If incomplete or insufficient, the Dis- trict Engineer will prepare for the signature of the District Forester a letter to the applicant returning the application and its accompanying papers, with a detailed statement of the incompleteness or insufli- ciency. A carbon copy of this letter certified by the signature of the District Engineer will be attached to and filed with the papers in the case. Upon the return of the amended papers the date and hour of their re- ceipt will be certified by the District Forester in the + J THE USE BOOK. 65 same manner as when they were originally received. Upon the receipt of the amended papers the District Engineer will examine them, and if found complete as required by the regulation, he will certify the fact in the space’ provided on the form. After certifying that the application is complete as prescribed by the regulation, the District Engineer will examine the maps and estimates, using such addi- tional data as he may be able to secure, will determine the approximate net capacity of the works to be con- structed, and will submit a report and recommendations in triplicate to the District Forester. A field examina- tion by the District Engineer will be made only when required by the District Forester. Upon receiving the District Engineer’s report, the District Forester will prepare five copies of permit on Form 59. If the application is approved by the Dis- trict Forester and the District Engineer, they will initial the permit. The District Forester will send the Chief Engineer a copy of the complete application, except the certificate of water appropriation, the original map on tracing linen, one copy of the District Engineer’s report, the original, and one copy of the permit, and the correspondence file. The Chief Engineer will examine all the papers received from the District Forester, and if he approves the application, he will initial the original permit and return it with the original map on tracing linen and the correspondence file to the District Forester. If he 71956°—11—_—5 66 THE USE BOOK, does not approve the application, he will return the original permit without initial and with a letter to the District Forester explaining in detail his reasons for not approving. Upon the return of the permit from the Chief Engi- neer, if approved, the District Forester will prepare a letter of transmittal (Form 861) in triplicate, stating the amount of the charge. The original will be sent to the applicant, and upon receipt of notice from the District Fiscal Agent that deposit has been made the District Forester will forward to the Forester one copy of the complete application, one copy of the report of the District Engineer, the original, and one copy of the permit, and the correspondence file. When the original permit has been signed by the Secretary, the Forester will retain one copy of the per- mit and one print map of location and return all the other papers in the case to the District Forester. Before transmitting the original permit to the per- mittee the District Forester will inform the Chief Engi- neer by letter of the dates of signing and the signature on the permit. He will also send the Supervisor a copy of the permit, a copy of the complete application, except the certificate of water appropriation, a copy of the report of the District Engineer, and a copy of the letter of transmittal (Form 861), with an indorse- ment thereon of the receipt of the first payment. THE USE BOOK. 67 FINAL APPLICATIONS AND PERMITS. If, in accordance with the terms of a preliminary per- mit a final application is filed in the form prescribed by Regulation L-10 (Application Form 60, Affidavits and Certificates 64 to 71), such final application shall, with reference to the priority of application, relate back and be effective as of the date of the preliminary applica- tion. The date upon which priority of application is either maintained in accordance with a preliminary per- mit or established by final application in the absence of a preliminary permit shall be the date of the filing in the Office of the District Forester of the last map or paper necessary to constitute a complete application as prescribed in the regulation. If the final applica- tion is received by mail, the envelope will be attached to and filed with the other papers. The date and hour of the receipt of an application will be inserted in the space provided on Form 60a, and will be certified by the signature of the District Forester. Applications will be examined by the District Engineer in the order of their receipt as certified by the District Forester. The application and its accompanying papers, especially the plans of structures, estimates, and data, will be care- fully examined with a view to determine whether they are in complete and proper form and contain all the information required by the regulation. If complete, the District Engineer will certify to the fact in the space provided on the form. 6S THE USE BOOK. If any of the papers required by the regulation are incomplete or insufficient, the District Engineer will prepare for the signature of the District Forester a letter to the applicant returning the application and its accompanying papers with a statement of its incom- pleteness or insufficiency. A carbon copy of this letter certified by the signature of the District Engineer will be attached to and filed with the papers in the case. Upon the return of the amended papers the date and hour of their receipt will be certified by the District Forester in the same manner as when they were origi- nally received. They will be reexamined by the Dis- trict Engineer and if found complete as required by the regulation he will certify the fact in the space pro- vided on the form. Upon the receipt of an application for the use of an area which is in whole or in part included in an existing permit previously issued, the District Forester will return the application to the applicant and wil inform him fully of the existing permit and of the extent to which his application is in conflict therewith. The applicant may then amend his application to avoid such conflict, or may renew his application should the priority of application be lost by the prior applicant. When the District Engineer has certified that the application is complete as required by the regulation, the District Forester, after making such additional prints of maps and plans as may be necessary, wil! forward a copy of the complete application, except the certificates of water appropriation and of incerporation, THE USE BOOK. 69 to the Chief Engineer, and will also forward to the Forest Supervisor two print mapsof location, a copy of the notes of survey, and such other papers as may be necessary. If the application was not accompanied by a certificate from the Supervising Engineer of the Reclamation Service that the occupancy and use of the lands applied for will not interfere with any project of the Reclama- tion Service, the District Forester will forward a print of the map of location to the Supervising Engineer concerned and request him to state whether the occu- pancy of the land for water-power purposes will inter- fere with any project of the Reclamation Service. Upon the receipt of the maps and other papers the Supervisor will forward a print of the map of location to the Ranger, will cause an immediate examination to be made for the purpose of estimating the amount of timber to be cut or destroyed, and will report to the District Forester on Form 578b. Reports on Form 964 will be required in water-power cases only where no examination and report by a District Engineer will be made. Upon the receipt of a complete application the Dis- trict Engineer will make such field examination of the project as may be necessary and collect all information and data bearing upon the case that may be available. If practicable, this examination will be made at the same time as the Supervisor’s. Only in exceptional instances when the District Engineer is thoroughly familiar with the project will the field examination be omitted. In this examination the District Engineer 70 THE USE BOOK. will determine whether in his judgment the project as applied for will make a reasonably full development of the power available at the locations covered by the application. After the completion of the examination and the collection of the data, the District Engineer will submit a report in triplicate to the District Forester. The report will describe the project in detail, with its rela- tion to other projects of the same or allied or com- peting companies; state whether the project compre- hends a full development of the available power; describe the market for the power and the general market conditions in the District so far as such infor- mation is available, and the relation of the power devel- opment to other interests, particularly agricultural. The report should present detailed estimates of the amount of power that will probably be developed and the complete data upon which such estimates are based. The report should designate the several items necessary for fillmg the blanks of the stipulation and permit, a recommendation of the gross power capacity to be inserted in the stipulation, and such other recommen- dations as may seem desirable. Under Regulation L—-6 the term ‘‘construction of the works”’ excludes all such preliminary work as surveys, road and trail building, clearing of land, ete. It will therefore be necessary, in inserting the lengths of periods in Clause 3 of the stipulation, to allow a time before construction must begin reasonably sufficient for the completion of all necessary preliminary work. THE USE BOOK. a! It will be advisable, in general, to confer with the applicant before fixing the time limits, with the view of agreeing upon such limits as will be satisfactory to the applicant while at the same time properly protecting the public interests. Clauses 3 and 4 of the water-power stipulation have been drawn for the purpose of allowing permittees to make progressive developments of two or more pro- jects upon the same stream or watershed if they so desire. Each division of the works as taken in these clauses should in general constitute a complete operat- ing unit. But where, for example, it may be the appli- cant’s intention to construct several. storage reser- voirs not directly connected with the conduits, each reservoir may be, and in general should be, taken as a distinct division of the works. Conduits and the diverting dams and power houses connected therewith should never be separated. Particular care should be exercised in the determina- tion of the power capacity of the works. All the available data should be secured and where storage is to be used, some graphical method, as that of Rippl or Hill, should be employed. (See Mead’s Water Power Engineering.) The District Engineer should review carefully the estimates presented by the appli- cant and compare the same with his own independent estimates. The gross power capacity as finally deter- mined should represent that extent of development which good business judgment would warrant, if a ready 72 THE USE BOOK. market were available for all the power. Full consider- ation of the fact that such market may not be available at the outset is taken by the provision of very low rates in the earlier years, gradually increasmg with the probable increase of market until the tenth year after the beginning of operation, when the full rate is charged. From the fact that probably, in many instances, the data for the original calculations will be meager, pro- vision is made in Regulation L-S8 for a redetermination. of the power capacity by 10-year intervals to admit of utilizing more complete data and to allow for pos- sible change of conditions. Upon receiving the District Engineer’s report the District Forester will prepare five copies of the stipula- tion on Form 61 and five copies of the permit on Form 62. If the application is approved by the District Engineer and the District Forester, they will initial the original copies of the stipulation and the permit. The District Forester will send the Chief Engineer one copy of the District Engineer’s report, the original maps and plans on tracing linen, the correspondence file, the letter from the Supervising Engineer of the Reclamation Service and the origimal, and one copy of the stipulation and of the permit. If, because of field conditions or other reasons, the Supervisor has been unable to make his report on timber (Form 578b) by the time the other papers are ready for transmittal, the case should not be delayed on that account, but be forwarded immediately, and the Form 578b submitted later. THE USE BOOK. 13 The Chief Engineer will examine the papers received from the District Forester, together with the matter submitted in the application. He will return to the District Forester the original maps and plans on trac- ing linen, the correspondence file, the letter of the Supervising Engineer of the Reclamation Service, and the original copies of the stipulation and the permit. If he concurs in the recommendations of the District Forester and the District Engineer, he will initial the original copies of the stipulation and the permit. If he does not concur, he will return them without his initial and with a letter to the District Forester ex- plaining his reasons for not concurring. The District Forester will send the applicant two copies of the stipulation, and, when necessary, a form (319) for corporate officer’s authority, with the request that one copy of the stipulation be duly executed and returned to him. He will at the same time inform the applicant that any priority established under his apphi- cation will be lost if the stipulation is not executed and returned within 90 days from the time it is mailed to the applicant, unless such time is extended by the written authority of the Secretary of Agriculture. The District Forester will also send with the stipula- tion a statement, on Form 861, of the amount of the first year’s advance payment, provided a sufficient deposit has not already been made in connection with a preliminary permit. After the duly executed stipulation has been returned and has been initialed by the Assistant to the Solicitor, 74 THE USE BOOK. and after notice of payment is received the District Forester will submit to the Forester one copy of the complete application, one copy of the report of the District Engineer, the original and one copy of the stipulation, the original and one copy of the permit, the correspondence file and the letter of the Supervising Engineer of the United States Reclamation Service. If any material changes are made in the stipulation and permit after they have been returned to the Dis- trict Forester by the Chief Engineer, all papers in the case will be resubmitted to the Chief Engineer before being finally submitted by the District Forester to the Forester. Upon receipt of the complete papers in the case the Forester will submit them with his recommendation to the Secretary of Agriculture. When the permit has been signed by the Secretary the Forester will retain one copy of the permit, one copy of the stipulation, and one print-map of location, and return all the other papers in the case, including the signed original permit, to the District Forester. Upon transmitting the original permit to the per- mittee the District Forester will inform the Chief Engineer by letter of the dates of signing and the signa- tures on the stipulation and permit. He will also send the Supervisor a copy of the complete application, except the certificates of water appropriation and of incorporation, and except the print map of location and the copy of the field notes which have been pre- viously sent, a copy of the report of the District Engi- THE USE BOOK. fi neer, one copy of the stipulation, one copy of the per- mit, and a copy of the letter of transmittal (Form 861), with an indorsement thereon of the payments made. All recommendations by the District Forester for can- cellation of permit, either in whole or in part, shall be accompanied by a report setting forth in detail the reasons for such recommendations, and shall be sub- mitted to the Forester through the Chief Engineer. On November 15 of each year the District Forester will prepare and send, by registered mail, to each per- mittee, a statement of account. This statement will show the amount of the charge for the succeeding cal- endar year and the credit, if any, on account of previous payments. If a balance is due from the permittee the statement will be accompanied by a letter of transmittal (Form 861). The District Forester will retain two car- bons of the statements and the Form 861, and will file them, together with the registry receipt, with the other papers in the case. Upon the receipt from the District Fiscal Agent of the notice of payment the date of such payment should be indorsed upon the file copies of the Form 861. The original Form 861 with the customary indorsement thereon of payment will be sent to the permittee through the Supervisor and one copy of the statement and of the Form 861 will be sent to the Supervisor for his files. In preparing the notice of the first annual payment after the granting of the permit, the minimum rate of 76 THE USE BOOK. 10 cents per horsepower per annum will apply pro- portionately to the fractional parts of the calendar year succeeding the date of the granting of the permit and also to the following full calendar year. If the works are completed and operation begun at or prior to the time specified in the stipulation, the minimum rate of 10 cents per electrical horsepower per annum will apply from such date proportionately to the fractional part of the calendar year succeeding such date and also to the following full calendar year, and the rate will be increased each year by 10 cents per electrical horsepower until the rate of $1 is reached, and will then remain at that rate until the expiration of the permit, and all payments made previ- ous to the beginning of operation will be applied on payments due or to become due at and after that time. In order that the District Forester may know whether the terms of the stipulation and permit are being com- plied with, the Supervisor should keep himself fully informed of the progress of the work. He shall im- mediately upon the date specified in the stipulation upon which construction should begin, make an exami- nation and report to the District Forester whether the construction has begun. The Supervisor should ascer- tain from time to time thereafter whether the works are being constructed with due diligence and in sub- stantial agreement with the maps and plans, and in case of doubt should call for an examination by the District Engmeer. He shall also immediately on the date specified in the stipulation upon which operation THE USE BOOK. ah should begin, make an examination and report to the District Forester whether such operation has begun. In order that the District Forester may be informed of the power situation in the whole District, the Super- visors will forward from time to time whatever infor- mation they are able to collect, formally or informally, concerning costs of generation of power, the returns from its sale, the interrelations of the various compa- nies, transfers of rights, water locations, etc. The date and source of all such information should be given with the Supervisor’s opinion of its reliability. SEMICOMMERCIAL WATER-POWER WORKS. Water-power works of a semicommercial nature will be regarded as commercial except in so far as a satis- factory showing of partial noncommercial use may be made to the District Forester by the permittee. The application and procedure will be the same as in commercial water-power works except that the charge will be based upon the net power capacity after a proper deduction has been made for the amount of electric energy used for noncommercial purposes. (See Regulation L-8.) The figure will be determined from statements submitted to the District Forester by the permittee, or, if necessary, from an examination of the permittee’s books (see Regulation L-13), or from an investigation by the District Engineer. The data for the deduction will be obtained each year by November 15, in order that the District For- ester may be prepared to send to the permittee at that 78 THE USE BOOK. time a statement of account, accompanied by a letter of transmittal (Form 861), if a balance is due from the permittee. In arriving at the deduction to be made for any year, data shall be used for the 12 months next preceding the date of determination. APPLICATION AND PERMIT FOR NONCOMMERCIAL WATER-POWER WORKS OF 1,000 HORSEPOWER CAPACITY OR LESS. Permits for noncommercial water-power works having a maximum capacity of 1,000 horsepower or less will be issued by the District Forester. (Reguiation L-1.) No charge will be made for such permits. (Regula- tion L-2.) Applications in writing will be filed with the District Forester and must conform to the requirements of Regulation L-11. When the application is received the District Forester will indorse thereon the date of its receipt. The appli- cation will be examined by the District Engineer to determine whether it conforms to the requirements of the Regulation and whether the capacity of the pro- posed works is 1,000 horsepower or less. If the capacity is found to be in excess of 1,000 horsepower, the applica- tion will be returned and the applicant informed that an application in the form prescribed by Regulation L-9 or L-10 will be required. If the application is complete and the capacity 1,000 horsepower or less the District Forester will send the Supervisor two print maps of location and a copy of the notes of survey and such other papers as may be necessary. If the appli- THE USE BOOK. 79 cation was not accompanied by a certificate from the Supervising Engineer of the Reclamation Service that the proposed works will not interfere with any project of the Reclamation Service, the District Forester will will secure the certificate before issuing the permit. The Supervisor will cause such field examination to be made as may be necessary, and will submit a special- use report (Form 964), accompanied when necessary by a report on timber to be cut or destroyed (Form 578b), to the District Forester. A field examination by the District Engineer will be made only when necessary, in the judgment of the Supervisor or the District Forester. When the application is approved the District For- ester will prepare a permit on Form 832, in which the following conditions will be inserted: In case any part of the power developed by the plant is sold for use gen- erally, or to other mining companies for any purpose, the permittee will be required to pay suchcharges and to comply with such other requirements fixed by the Sec- retary of Agriculture as shall then be in force in respect to other users of National Forest lands for like purposes. This permit shall cease and be void on failure of the permittee to pay the charges and comply with the requirements within 90 days from the date on which demand is made. The permit will be prepared in triplicate, one copy stamped “‘original,’’ one ‘‘ duplicate,” and one ‘‘Super- visor’s copy.” The District Forester will sign the orig- inal and duplicate copies and send the original to the SO THE USE BOOK. permittee, the Supervisor’s copy to the Supervisor, and retain the duplicate. TRANSMISSION LINES, APPLICATIONS AND PERMITS. Permits for transmission lines which are not a part of a general power project covered by a power permit will be issued by the District Forester. A fee will be charged of $5 per annum for each mile of National Forest land crossed by such lines, and the minimum fee for any one permit will be $5 per annum. Applications for such transmission-line permits will be filed in the Office of the Supervisor and-will consist of tracings and field notes of survey, both in the form and with the affidavits and certificates required for such lines when part of a water-power application. (Regulation L-10.) The Supervisor will send the District Forester re- ports on Forms 964 and 578b together with the map and field notes submitted by the applicant, and will send a Form 861 to the applicant. No engineering examina- tion will be made unless requested by the Supervisor or desired by the District Forester. Upon approval of the application, and upon the re- ceipt of notification from the District Fiscal Agent that the first advance payment has been made, the District Forester will prepare and execute the permit with three copies, one for his own files, one for the Chief Engineer, and one for the Supervisor. The original will be sent to the permittee through the Supervisor, together with the original of the Form 861. INDEX. Page. Acknowledgment of water-power stipulation .......--------- 5D Mets orConeress, June-4, 1897 (30 Stat.; 11)..2-...--2252--.-- 7 Hebruary 1,.1905:(S3 Stat:, 628)~... 3.2 ee ss f Affidavits. (See Forms.) Patera ON OL Maps ANd plans Suess seed s's 5 6 SSeS 31, 47 Amenument olimaps and plans: 2... 2. jth as. she sees eee 31, 47 Applications. (See Forms.) Cancellation of permits, recommendation for.........-----.-- 75 Certificates. (See Forms.) Piaetes mammal, fon 2c. se cosas lee ee Eee, Beye i! 11, 49, 52, 62 basecuomuyalive ainlandsesue: Vel Per dens ee st loo ee 12, 49 “ON STOL UVOXHUVOTS gt 0 a4, mente’ De Reh os aa eye a ee ee 15, 16, 51 for preliminary; permite. <.. 227s Sk 11, 35 for.semicommeretal works... 22). 92. 262522 BP Sks 16,515.77 made forailkeommercial works: 5:4: 52h. ss 282. 9 method of calculation of. . fice Seige 12 minimum rate to apply at Rema A cei ee 13, 52, 76 nouetor noncommercial works... 2.22. -s---2--26.:- 9 FotevOr alimialinerease Mise 226 2 leet al eee 13 AUDI CONSITUE LION ein Ue Se eee is fOr timaly permits es fe 31 hooks 2s. Be 13 Uhich EH neineer, Ae@tiOMe DY see. cc. 58 2550e st. Sees ba nt 258% 65, 73 WaNsSMiIssiOn. OL Papers tO2...-.-L22525. 28 - 63, 65, 72 Clearing of lands: requirement fort. 2.44) 2022522252 29 PConnienrra Dp plications. 2 fits 23.8 0S obs se SI 63, 68 oO mMleLINe TOM te OlWayi-n estcjoe oe Sek su oe ewe 10, 31, 63, 68 amsEriICiION, CENNEG acy. sie ap. ties wre sowie Sse seals aise 27, 48, 70 SXtension: OL time Tors oe 8 Pst 28, 32, 48 time for beginning and completing ............. 27, 40 frme: for preliminary. «0... s2ets: 2228 he. J, 70 umider proaminary permit... scs .2 acen oes 7 Moamniae bor, 00 CHMLULON: OL. <2 soca. amie «dei ows 1 Sa em eae oe 15, 50 Procamems, Maps Olt s! solo. 2 220 fect ye 17, 19, 41, 42 / construction to be within limits of................ 26, 47 Merman plans required... cu. i252 8 gh pete ak 17,19, 41, 42 affidavits and certificates on (see Forms)..............- 41-46 TUTE CNET ST 0) ae a ee a fete nee 28, 31, 49 Ce MIGMOUSWROMEE oes oo anh nace Ok eee oe 28, 31, 47 PiSaanitr eniCen casas eee nk. e 5 Boot ia ele 28, 53 84 INDEX. Page Municipal power works, noncommercial .....-......-......- 9 Mining, power works for, when noncommercial............... 9 Net power capacity, how determined......................2. 15,51 redetermination ol... 4/5. 52.52... eee 16, 50 New permit, issued to transierees ..........--.-.........--- 32, 58 old permit may constitute application for....... 11, 58 Noncommercial water-power works, applications for permits [OP oot o2'4.005 78 definition, of. -2.::c3aasee 9 issuance of permits for... 79 no.charve fOr =. 24.2 eee 9 requirements of applica- tlONS TOP sos..22 see 25, 26 when permits issued by District Forester ....-. 78 Operation; continuous, required ..<...22222.32-22. 92.5 eee 27, 49 extension of time for beginning..................- 32, 48 time for beginning, limited................-....-- 27, 48 Payments, by original permittee credited to new permittee. . . 14 notice and record of annual 2... ..2:...42. eee 75 on preliminary permits credited on finalpermits. 13, 36, 62 Permits: 6xclosive nature Of ac oo. 40565 10 Power Capacity of works... 2: 2225-2665 2224. sae> se eee 14 definition Oli2%.os6 eas. 2.2 4ne eis Se ae 14, 49 determinatiounol.< z2--- 2. see. oes aos ea v1 Preliminary water-power permits...............-..-.--------- 8,61 Application for (see Forms)... ..2-s_-- =. 2:.940c. ee 33, 61 (ROP PCS TOian og cea ieee ae eld eed ae 12, 36, 62 Pech: Ofs.. 2055 ecco le eae ee ae oe 8 Payments on, credited on final permits............--. 12, 36, 62 Relation of application for, to application for final permit. 62 Requirements of application for..2..2..2.:-2. 22.3 2:2 eee ily: Term of may be extended...2:..2....54..642 252 19, 37, 62 re INDEX. 85 Page. Priority of application for final water-power permit, how es- oe . tablished and maintained........ 9, 36, 61 for preliminary water-power permit, how established and maintained.. 9, 61, 64 loss of precludes new permit within one Vie Sr ee oe i Bee Sees ae 10 lost by failure to file application for fa OVINE Se ee steel eee 10 lost by failure to file stipulation. ..... 10 Progress of works, supervisors. to report.<...----..--.-.-2-.--. 76 Progressive development of projects. ...................-2- 71 Receipt of applications, certificates of (see Forms)........... 34, 40 12) 6.01 20 Is | ae en hg Nad kara 63, 67 Reclamation Service, approval of projects by............... 19 Records of permittees, to be open to Department. .......... 28, 53 HVeHISG, CIsposal-Ol, TEQUITOG ..6ic ioc26 5 seers oe ec bw oo 29, 54, 60 Renewal of permits, when by Secretary of Agriculture. ..... 8 Disimiet: Horester: 22-2 .2...2. 8 Restraint of trade, combinations in, prohibited.............. 29, 53 Pew OCatOn Ol EMMIS 9 se O55). . o eat oe ee See clesicx cee ee 9 by Secretary of Agriculture alone ... 9, 58,75 Roads and trails destroyed, building of, required............ 30, 54 Speculative holdings, charges imposed to prevent............ 62 SHE ALONG, CONCIIONS INS). e662 an saetigyes sess ees ost se 26, 46 for noncommercial water-power permit ........ 26 required to be filed with application for final ORO 5 Mi ss Ochre cab and ee 26 submission to applicant for execution. ........ 43 Biro POWeE, CENNIbOMIOl sis. a bo deci < eee eeu es 15, 50 pireamt measurements, PeCOrds Ole. 2 2. .262 a8 cS lke ok 28, 53 supervisor, Forest, action by. 2.222.202. 2..25...2222.-. 69, 79, 80 to report general information. ........... 77 propress'or work... 2.222.222 76 Telephone lines, protection of, required. ................ 29, 54, 60 MemmbinALlOM Ox perlite. 6 ee Poe oR 58, 62 86 INDEX. Page. Term of final water-power permits........................-- 11, 58 Timber, settlement of, required ...2....:--2:+s2025-:6240 30, 54, 60 Transmission lines, action by District Forester..........-...-. 80 SUPSrVISOl. 7 ae 7 = | a ony « Pa > + . = a _ _ _ ke | = LIBRARY OF CONGRESS | 0 002 889 07 pales ce 1 its EfrvivcveytCeeng SOR ORO: Nts re eee, Weld dey Way Sh furs Sa