Mr. HIGBY. I am instructed by the ComMining to report back House bill No. 365, granting the rightof way to ditch and canal owners of the State of California over the public lands, with sundry amendments thereto. And I will ask that there be no interruption upon this subject until the amendments reported from the committee shall have been acted upon. Of course I will be willing to answer any questions relating to those amendments. The bill was read at length. The 1st section provides that the owners of ditches, flumes, cana s, or aqueducts for mining, mechanical, or agricultural purposes, shall have the right of way over the public lands in the State of California so long as those works shall be used for said purposes. The 2nd section provides that in order to give free access to such canals, flames, and itches, for the purpose of repairs and construction, the owners of the same are granted the use and occupation of a stri of land on each side of their respective works 3 rods in width. The 3rd section provides that the owners of the ditches, flames, and canalsmentioned in the preceding sections may have the occupation and use of so much of the public land as may be required for reservoirs to collect and distribute water, not exceeding acres of land for anyone reservoir; but such parties are to be entitled to such use and occupation only so long as such lands shall be used for such purposes. The 1st amendment reported by the committee was to strike out all of the 1st section after the enacting clause, and insert in lieu thereof the followtng: That any company or individual who hashereto fore, under and in accordancewith the laws of the State or the laws of the U.S., constructed, or who may hereaftersoconstruct.any ditch. flumc, canal or aqueduct for the conveyanceof water for mining, mechanical, or agricultural purposes, is herebygranted to himself and his successoror successorsin interest the right of way over the public land in the State, solong assuchditch, flumc, canal, or aqueductshall he used for the purposesnamed.