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30 U.S.C. § 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

submitted date unrecorded by Congress to r/title-30-MINERAL-LANDS-AND-MINING · 118 words · no verdicts yet

in plain englishAI-generated · not legal advice

People who have used water for mining, farming, or other purposes under local custom and law keep those rights. The government confirms rights-of-way for water ditches and canals built for these purposes. Anyone whose ditch or canal work injures a settler's land must pay for the damage.

When someone has gained water rights — for mining, farming, manufacturing, or other purposes — through actual use over time, and local customs, laws, and court rulings recognize those rights, the government protects and maintains those rights for the people who hold them. The right to build ditches and canals to deliver that water is also confirmed. But if someone building a ditch or canal damages a settler's land on the public domain, that person must pay the settler for the damage caused.
the actual law source: uscode.house.gov ↗public domain

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.1

Source credit: (R.S. § 2339.)

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