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§ 52. —  Patents or homesteads subject to vested and accrued water rights.



[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 30USC52]

 
                   TITLE 30--MINERAL LANDS AND MINING
 
           CHAPTER 2--MINERAL LANDS AND REGULATIONS IN GENERAL
 
Sec. 52. Patents or homesteads subject to vested and accrued 
        water rights
        
    All 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 section 51 of this title.

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

                                 Repeals

        Provision of this section, ``, or rights to ditches and 
    reservoirs used in connection with such water rights,'' was repealed 
    by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat. 
    2793, effective on and after Oct. 21, 1976, 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.

                          Codification

    R.S. Sec. 2340 derived from act July 9, 1870, ch. 235, Sec. 17, 16 
Stat. 218.
    Section is also set out as the second par. of section 661 of Title 
43, Public Lands.


                            Savings Provision

    Repeal by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 
Stat. 2793, insofar as applicable to the issuance of rights-of-way not 
to be construed as terminating any valid lease, permit, patent, etc., 
existing on Oct. 21, 1976, see note set out under section 1701 of Title 
43, Public Lands.


                           Submerged Lands Act

    Provisions of this section as not amended, modified or repealed by 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

                  Section Referred to in Other Sections

    This section is referred to in sections 24, 29, 33, 37, 38, 39, 40, 
42, 46, 47, 48, 102 of this title; title 16 section 460mm-1.



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