30 U.S.C. § 52
Section 52 · Patents or homesteads subject to vested and accrued water rights
Amended 1 time on record
Applied in 10 court decisions — leading case Andrus v. Charlestone Stone Products Co. (1978)
Most recently applied in Walker v. United States (October 2005)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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, as may have been acquired under or recognized by section 51 of this title.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Repeals
Provision of this section, “, or rights to ditches and reservoirs used in connection with such water rights,” was repealed by Pub.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.
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.
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Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see section 1303 of Title 43, Public Lands.
Cross References
Michigan, Minnesota and Wisconsin mineral lands, see section 48 of this title.