§ 661. — Appropriation of waters on public lands; rights of way for canals and ditches.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 43USC661]
TITLE 43--PUBLIC LANDS
CHAPTER 15--APPROPRIATION OF WATERS; RESERVOIR SITES
Sec. 661. Appropriation of waters on public lands; rights of way
for canals and ditches
Whenever, by priority of possession, rights to the use of water for
mining, agricultural, manufacturing, or other purposes, have vested and
accrued, and the same are recognized and acknowledged by the local
customs, laws, and the decisions of courts, the possessors and owners of
such vested rights shall be maintained and protected in the same; and
the right of way for the construction of ditches and canals for the
purposes herein specified is acknowledged and confirmed; but whenever
any person, in the construction of any ditch or canal, injures or
damages the possession of any settler on the public domain, the party
committing such injury or damage shall be liable to the party injured
for such injury or damage.
All patents granted, or preemption 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 this section.
(R.S. Secs. 2339, 2340.)
Amendment of Section
Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat.
2793, provided that 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
this section is amended to read as follows:
Whenever, by priority of possession, rights to the use of water for
mining, agricultural, manufacturing, or other purposes, have vested and
accrued, and the same are recognized and acknowledged by the local
customs, laws, and the decisions of courts, the possessors and owners of
such vested rights shall be maintained and protected in the same.
All patents granted, or preemption or homesteads allowed, shall be
subject to any vested and accrued water rights as may have been acquired
under or recognized by this section.
Codification
R.S. Sec. 2339 derived from act July 26, 1866, ch. 262, Sec. 9, 14
Stat. 253.
R.S. Sec. 2340 derived from act July 9, 1870, ch. 235, Sec. 17, 16
Stat. 218.
This section is also classified to sections 51 and 52 of Title 30,
Mineral Lands and Mining.
Savings Provision
Amendment by Pub. L. 94-579, 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 section 701 of Pub.
L. 94-579, set out as a note under section 1701 of this title.
Section as Unaffected by Submerged Lands Act
Provisions of this section as not amended, modified or repealed by
the Submerged Lands Act, see section 1303 of this title.
Section Referred to in Other Sections
This section is referred to in title 30 sections 24, 29, 33, 37, 38,
39, 40, 42, 46, 47, 48, 102.
