30 U.S.C. § 52 | Patents or homesteads subject to vested and accrued water rights

1 See Repeal; Savings Provision note below.

section 51 of this titleAll patents granted, or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by .

Mar. 3, 1891, ch. 561, § 4 26 Stat. 1097(R.S. § 2340; , .)

Editorial Notes

Codification

act July 9, 1870, ch. 235, § 17 16 Stat. 218R.S. § 2340 derived from , .

section 661 of Title 43Section is also set out as the second par. of , Public Lands.

Statutory Notes and Related Subsidiaries

Repeal; Savings Provision

Pub. L. 94–579, title VII, § 706(a)Oct. 21, 197690 Stat. 2793Oct. 21, 1976Oct. 21, 1976section 701 of Pub. L. 94–579 section 1701 of Title 43Provision of this section, “, or rights to ditches and reservoirs used in connection with such water rights,” was repealed by , , , effective on and after , insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on , see , set out as a note under , Public Lands.

Submerged Lands Act

section 1303 of Title 43Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see , Public Lands.