§ 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reservoirs used in connection with such water rights,'' was repealed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Provisions of this section as not amended, modified or repealed by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.