§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,¹ as may have been acquired under or recognized by section 51 of this title.

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

Editorial Notes

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.

Statutory Notes and Related Subsidiaries

Repeal; Savings Provision

Provision of this section, ", or rights to ditches and reservoirs used in connection with such water rights," was repealed by Pub.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. Such repeal 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 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Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.

¹ See Repeal; Savings Provision note below.