Natural Resources
Oct. 16, 2015
Water and railroads and rights of way
The Bureau of Land Management recently said a proposed water project in San Bernardino may not locate a water conveyance within a willing railroad's right of way without permission, but it mishandled the legal test that applies. By Andrew Henderson
On Oct. 2, the U.S. Department of Interior, Bureau of Land Management issued an administrative determination letter. It concludes that a proposed water project in San Bernardino County may not locate a water conveyance within a willing railroad's right of way without BLM permission. But in doing so, the bureau mishandled the legal test that applies to determine whether the railroad needs to seek permission in the first place.
By way of background, the Gener...
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