43 U.S.C. § 485h–4 — Application of State laws

submitted 70 years ago by ch. 492 to r/title-43-PUBLIC-LANDS · 144 words · no verdicts yet

in plain englishAI-generated · not legal advice

Sections 485h-1 through 485h-5 don't override any state's water laws. The Secretary must follow state law on controlling, using, and distributing irrigation water. Water rights gained under these sections stay tied to the irrigated land, and beneficial use sets their limit.

Nothing in sections 485h–1 through 485h–5 of this title is meant to affect, or interfere with, any state's laws about controlling, claiming ("appropriating"), using, or distributing water used for irrigation, or any right already vested under those laws. In carrying out these sections, the Secretary must proceed in conformity with those state laws. Nothing here affects any right that a state, the federal government, or any landowner, appropriator, or water user has in, to, or from any interstate stream or its waters. However, the right to use water acquired under these sections is appurtenant to the irrigated land — meaning it goes with that land — and beneficial use of the water is the basis, the measure, and the limit of that right.

the actual law source: uscode.house.gov ↗public domain

Nothing in sections 485h–1 to 485h–5 of this title shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary in carrying out the provisions of such sections, 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: Provided, That the right to the use of water acquired under the provisions of such sections shall be appurtenant to the land irrigated and beneficial use shall be the basis, the measure, and the limit of the right.

Source credit: (July 2, 1956, ch. 492, § 4, 70 Stat. 484.)

history & why it existsrecord from the source credit

1956Enacted · Act of July 2, 1956, ch. 492 · 70 Stat. 484

A history note hasn’t been published yet. The record shows enactment by ch. 492 on 1956-07-02.

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