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43 U.S.C. § 383 — Vested rights and State laws unaffected

submitted 124 years ago by ch. 1093 to r/title-43-PUBLIC-LANDS · 105 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law doesn't change or interfere with state or territory water laws. States keep control over how irrigation water is controlled, used, and shared. The Secretary of the Interior must follow those state laws, and nobody's water rights are affected.

This section protects state and territory water laws from being overridden by this Act. Nothing in this Act changes, or is meant to change, any state or territory law about controlling, appropriating, using, or distributing water for irrigation. Any water right a person already has under those state laws stays protected. When the Secretary of the Interior carries out this Act, the Secretary must follow those state and territory laws. This section also protects water rights connected to interstate streams. Nothing in this Act affects the rights of any state, the federal government, or any landowner, water appropriator, or water user in, to, or from an interstate stream or its waters.
the actual law source: uscode.house.gov ↗public domain

Nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this Act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof.

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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