Grindstone Butte Project, a Tenancy in Common v. Thomas S. Kleppe, Secretary of the Interior

This is an appeal from a summary judgment holding that the Secretary of the Interior lacked authority to impose terms and conditions, primarily designed to protect the environment, upon irrigation rights-of-way granted over federal lands under the Act of March 3, 1891, 43 U.S.C. §§ 946-949 (1891 Act). We reverse.

FACTS

The pertinent facts are undisputed. In 1974, the Idaho Office of the Bureau of Land Management, United States Department of the Interior, granted two irrigation rights-of-way over federal lands to the Grindstone Butte Project (Grindstone), a tenancy in common comprised of several individuals and two corporations. Grant No. 1-7365 was for a pump base site and a 48-inch irrigation pipeline. Grant No. I-7366 was for an irrigation canal and pipeline. These two rights-of-way, both limited to fifty years duration, were granted under the authority of the 1891 Act.

Grants No. 1-7365 and 1-7366 contain several terms and conditions requiring Grindstone, inter alia, to regulate the use of poisonous substances; minimize despoliation of public land by reseeding soil disturbed by construction; remove construction debris; prevent water, oil, and chemical pollution; protect fish…