2016 US Code
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

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Citation 30 U.S.C. § 52 (2016)
Section Name §52. Patents or homesteads subject to vested and accrued water rights
Section Text

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.

Source Credit

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

Editorial Notes 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Provision of this section, ", or rights to ditches and reservoirs used in connection with such water rights," was repealed by Pub.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, §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. §2340 derived from act July 9, 1870, ch. 235, §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, §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Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 30 - MINERAL LANDS AND MINING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within 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
Contains section 52
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law No
Disposition standard
Statutes at Large References 16 Stat. 218
26 Stat. 1097
90 Stat. 2793
Public Law References Public Law 94-579
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