30 U.S. Code § 51 - Water 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

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.

Source

(R.S. § 2339.)
Repeals

Provision of this section, “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.” was repealed by Pub.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. § 2339 derived from act July 26, 1866, ch. 262, § 9,14 Stat. 253.
Section is also set out as the first 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Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.

This is a list of parts within the Code of Federal Regulations for which this US Code section provides rulemaking authority.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

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36 CFR - Parks, Forests, and Public Property

36 CFR Part 9 - MINERALS MANAGEMENT

43 CFR - Public Lands: Interior

43 CFR Part 3710 - PUBLIC LAW 167; ACT OF JULY 23, 1955

43 CFR Part 3730 - PUBLIC LAW 359; MINING IN POWERSITE WITHDRAWALS: GENERAL

43 CFR Part 3809

43 CFR Part 3810 - LANDS AND MINERALS SUBJECT TO LOCATION

43 CFR Part 3820 - AREAS SUBJECT TO SPECIAL MINING LAWS

43 CFR Part 3830 - LOCATING, RECORDING, AND MAINTAINING MINING CLAIMS OR SITES; GENERAL PROVISIONS

43 CFR Part 3831 - MINERAL LANDS AVAILABLE FOR LOCATING MINING CLAIMS OR SITES [Reserved]

43 CFR Part 3832 - LOCATING MINING CLAIMS OR SITES

43 CFR Part 3833 - RECORDING MINING CLAIMS AND SITES

43 CFR Part 3838 - SPECIAL PROCEDURES FOR LOCATING AND RECORDING MINING CLAIMS AND TUNNEL SITES ON STOCKRAISING HOMESTEAD ACT (SRHA) LANDS

43 CFR Part 3850

 

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