§ 661. Appropriation of waters on public lands; rights of way for canals and ditches
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/usc/title-43/section-661A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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. §§ 2339, 2340.)
Connections40 cite this · traces to 2
Cited by 40 sections · top 24
U.S. Code
- § 29Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice on claim; publication and posting notice in office; certificate; adverse claims; payment per acre; objections; nonresident claimant’s agent for execution of application and affidavits
- § 38Evidence of possession and work to establish right to patent
- § 42Patents for nonmineral lands: application, survey, notice, acreage limitation, payment
- § 39Surveyors of mining claims
- § 51Water users’ vested and accrued rights; enumeration of uses; protection of interest; rights-of-way for canals and ditches; liability for injury or damage to settlers’ possession
- § 37Proceedings for patent where boundaries contain vein or lode; application; statement including vein or lode; issuance of patent: acreage payments for vein or lode and placer claim; costs of proceedings; knowledge affecting construction of application and scope of patent
- § 48Lands in Michigan, Wisconsin, and Minnesota; sale and disposal as public lands
- § 46Additional land districts and officers
- § 47Impairment of rights or interests in certain mining property
- § 40Verification of affidavits
- § 33Existing rights
- § 24Proof of citizenship
- § 52Patents or homesteads subject to vested and accrued water rights
- § 102Assessment work on contiguous oil lands, located as claims, of same owner
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- act July 26, 1866, ch. 262, § 9
- 14 Stat. 253
- act July 9, 1870, ch. 235, § 17
- 16 Stat. 218
- Pub. L. 94–579, title VII, § 706(a)
- 90 Stat. 2793
- section 701 of Pub. L. 94–579
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§ 661
Appropriation of waters on public lands; rights of way for canals and ditches
U.S.C.×28
Fed. Reg.×6
Bills×4
C.F.R.×1
Stat.×1
Actact July 26, 1866, ch. 262, § 9
Stat.14 Stat. 253
Actact July 9, 1870, ch. 235, § 17
Stat.16 Stat. 218
Pub. L.Pub. L. 94–579, title VII, § 706(a)
Cites 9 · showing 7Cited by 40 across 5 sources