43 U.S.C. § 945
Reservation in patents of right of way for ditches or canals
In all patents for lands taken up after
Notes of Decisions
Cited in 25
cases (5 in the last 5 years), 1942–2025 · leading case: Our Lady of the Rockies, Inc. v. Peterson, 2008 MT 110 (Mont. 2008).
Our Lady of the Rockies, Inc. v. Peterson, 2008 MT 110 (Mont. 2008). “¶31 OLR points out, however, that the reservation in the Cobban Placer patent for ditches or canals was required by 43 U.S.C. § 945 in all patents for lands taken up after August 30, 1890.”
Alaska Pub. Easement Def. Fund v. Andrus, 435 F. Supp. 664 (D. Alaska 1977). “Finally, in addition to the easements authorized under the orders, the Secretary has reserved in all interim conveyances, and apparently intends to continue to reserve in future patents, a right-of-way for ditches *670 and canals pursuant to 43 U.S.C. § 945 , and a right-of-way…”
Clark v. New Magma Irrigation & Drainage Dist., 92 P.3d 876 (Ariz. Ct. App. 2004). “Exercising its rights reserved under the Canal Act of August 30, 1890, 43 U.S.C.A. § 945 , the United States government entered into an agreement with the previous owner of the Smithlings’ property to place and maintain an irrigation canal on the Smithlings’ land as part of the…”
Barnaud v. Belle Fourche Irrigation Dist., 2000 SD 57 (S.D. 2000). “391 , 43 USC § 945 , expressly reserved to the federal government an easement of right-of-way across all lands west of the 100th meridian.”
Metro Water v. SHCH Alaska, 2019 UT 62 (Utah 2019). “_____________________________________________________________ 3943 U.S.C. § 945 . The one hundredth meridian bisects, from south to north, the following states: Texas, Oklahoma, Kansas, Nebraska, South Dakota, and North Dakota.”
Unicorn Drilling, Inc. v. Heart Mountain Irrigation Dist., 3 P.3d 857 (Wyo. 2000). “43 U.S.C. § 945 reads: In all patents for lands taken up after August 30, 1890, under any of the land laws of the United States or on entries or claims validated by this act west of the one hundredth meridian, it shall be expressed that there is reserved from the lands in said…”
State, Dep't of Highways v. Crosby, 410 P.2d 724 (Alaska 1966). “391 , 43 U.S.C. § 945 (1959), provides: In all patents for lands taken up after August 30, 1890, under any of the land laws of the United States * * * it shall be expressed that there is reserved from the lands in said patent described a right of way thereon for ditches or…”
Myers v. United States, 210 F. Supp. 695 (D. Alaska 1962). “Such instances were becoming more numerous and Congress intended by the enactment of 48 U.”
N. Pac. Ry. Co. & Cont'l Oil Co. v. United States, 277 F.2d 615 (10th Cir. 1960). “371 , 391, 43 U.S.C.A. § 945 , it was provided among other things that in all patents for lands thereafter taken up under any of the land laws of the United States or on entries or claims validated by such act, a right of way should be reserved from the land described in the…”
Womack v. Horob Livestock Inc. (In Re Horob Livestock Inc.), 382 B.R. 459 (Bankr. D. Mont. 2007). “391 ; 43 U.S.C. § 945 ); and the reservation of three-fourths (3/4ths) of the respective interests in all coal, oil, gas, and other minerals in and under or that may be produced from said premises.”
United States v. Oklahoma Gas & Elec. Co., 127 F.2d 349 (10th Cir. 1942). “391 , 43 U.S. C.A. § 945. Act of March 3, 1891, c.”
United State v. 106.64 Acres of Land, 264 F. Supp. 199 (D. Neb. 1967). “The case initially involved only those parcels of land not subject to the Canal Act of 1890, 43 U.S.C.A. § 945 . That act reserved a right of way to the United States for ditches or canals constructed by the authority of the United States.”
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