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43 U.S.C. § 372 — Water right as appurtenant to land and extent of right

submitted 124 years ago by ch. 1093 to r/title-43-PUBLIC-LANDS · 36 words · no verdicts yet

in plain englishAI-generated · not legal advice

Water rights gained under this law belong to the irrigated land, not to a person separately. How much water counts as "beneficial use" sets the size and limit of that right.

The right to use water gained under this Act attaches to the land that the water irrigates — it is not a separate, standalone right a person can hold apart from the land. The idea of "beneficial use" (actually using the water in a productive way) sets the basis, the measure, and the outer limit of how much water right exists.
the actual law source: uscode.house.gov ↗public domain

The right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.

Source credit: (June 17, 1902, ch. 1093, § 8, 32 Stat. 390.)

history & why it existsrecord from the source credit
  • 1902Enacted · Act of June 17, 1902, ch. 1093 · 32 Stat. 390

A history note hasn’t been published yet. The record shows enactment by ch. 1093 on 1902-06-17.

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