U.S. Code » Title 30 » Chapter CHAPTER 2— MINERAL LANDS AND REGULATIONS IN GENERAL

30 U.S.C. § 52

Patents or homesteads subject to vested and accrued water rights

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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,11 See Repeal; Savings Provision note below. as may have been acquired under or recognized by section 51 of this title.

Notes of Decisions
Cited in 11 cases, 1926–2005 · leading case: Bd. of Cnty. Commissioners v. Park Cnty. Sportsmen's Ranch, LLP, 45 P.3d 693 (Colo. 2002).
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Bd. of Cnty. Commissioners v. Park Cnty. Sportsmen's Ranch, LLP, 45 P.3d 693 (Colo. 2002). · cites it 2× “217 , 218 (codified as amended at 30 U.S.C. § 52 (1976)). [28] Act of March 3, 1877, ch.”
State v. Sw. Colorado Water Conservation Dist., 671 P.2d 1294 (Colo. 1983). · cites it 4× “217 , 218 (codified at 30 U.S.C. § 52 (1976)); [10] Desert Land Act of March 3, 1877, ch.”
Andrus v. Charlestone Stone Prods. Co., 436 U.S. 604 (1978). · cites it 2× “” 30 U. S. C. § 52 . 10 In discussing these mining law provisions on the subject of water rights, this Court has often taken note of the history of mining in the arid Western States.”
State Ex Rel. Bliss v. Dority, 225 P.2d 1007 (N.M. 1950). “52, 30 U.S.C.A. § 52 ] amending the Act of 1866, provided that: ‘ * * * all patents granted, or preemption or homesteads allowed, shall be subject to any vested and aocrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have…”
Kinross Copper Corp. v. State, 981 P.2d 833 (Or. Ct. App. 1999). “Congress reaffirmed that recognition in the Mining Act of 1870, 30 USC § 52 . The basic grant of unpatented mining claims originated in the Mining Law of 1872, 30 USC §§ 22-47 (1994).”
Roy Hunter v. United States, 388 F.2d 148 (9th Cir. 1967). “217 , 218 (30 USCA § 52 and note, 43 USCA § 661, par.”
Walker v. United States, 69 Fed. Cl. 222 (Fed. Cl. 2005). “30 U.S.C.A. § 52 (2005) (R.S. § 2340 derived from Act July 9, 1870, c.”
Peterson v. Wood, 262 P. 828 (Utah 1927). “§ 2340 [30 USCA § 52]) providing that patents for land theretofore issued should be subject to rights acquired under the preceding section.”
United States v. Walker River Irr. Dist., 11 F. Supp. 158 (D. Nev. 1935). “2 and note) amending the Act of 1866, provided that: “ ‘* * * 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…”
Paug-Vik, Inc. v. Wards Cove Packing Co., 633 P.2d 1015 (Alaska 1981). “217 , 218 ( 30 U.S.C.A. § 52 and note, 43 U.S.C.A. § 661 , par.”
Alaska Gold Recovery Co. v. N. Mining & Trading Co., 7 Alaska 386 (D. Alaska 1926). “They included “rules for working mines, drainage, and other necessary means for their complete development”— i.”
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