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43 U.S.C. § 661 — Appropriation of waters on public lands; rights of way for canals and ditches
Federal law — U.S. Code and appendices · legal_authorities
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.
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Stable record: federal_law:legal_authorities:record_usc_9e8181a96c759f1e07849807
Source file: Laws/federal/codes/united-states-code/title-43/section-661-appropriation-of-waters-on-public-lands-rights-of-way-for-canals-and-dit--5a63082b16.md
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Passage SHA-256: a1699ff3a54f7b30d3fc81e83d662e3cdf705ed02df99d4e1505a93e614f84fb
Source location: Title 43, Chapter 15, § 661; chapter-015-appropriation-of-waters-reservoir-sites.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this subchapter or subchapter II shall be deemed to amend, modify, or repeal the Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877 (19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887), and Acts amendatory thereof or supplementary thereto.
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1303
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress declares that it is the policy of the United States that—
(1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest;
(2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts;
(3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before October 21, 1976, be reviewed in accordance with the provisions of this Act;
(4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action;
(5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be required to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate third party participation, objective administrative review of initial decisions, and expeditious decisionmaking;
(6) judicial review of public land adjudication decisions be provided by law;
(7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis of multiple use and sustained yield unless otherwise specified by law;
(8) the public lands be managed in a manner t
Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
Where oil lands are located under the provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim) as placer mining claims, the annual assessment labor upon such claims may be done upon any one of a group of claims lying contiguous and owned by the same person or corporation, not exceeding five claims in all, where such labor will tend to the development or to determine the oil-bearing character of such contiguous claims.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 102
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Federal law — U.S. Code and appendices · legal_authorities
Proof of citizenship, under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim), may consist, in the case of an individual, of his own affidavit thereof; in the case of an association of persons unincorporated, of the affidavit of their authorized agent, made on his own knowledge, or upon information and belief; and in the case of a corporation organized under the laws of the United States, or of any State or Territory thereof, by the filing of a certified copy of their charter or certificate of incorporation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 24
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Federal law — U.S. Code and appendices · legal_authorities
A patent for any land claimed and located for valuable deposits may be obtained in the following manner: Any person, association, or corporation authorized to locate a claim under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim), having claimed and located a piece of land for such purposes, who has, or have, complied with the terms of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title, and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim), may file in the proper land office an application for a patent, under oath, showing such compliance, together with a plat and field notes of the claim or claims in common, made by or under the direction of the Director of the Bureau of Land Management, showing accurately the boundaries of the claim or claims, which shall be distinctly marked by monuments on the ground, and shall post a copy of such plat, together with a notice of such application for a patent, in a conspicuous place on the land embraced in such plat previous to the filing of the application for a patent, and shall file an affidavit of at least two persons that such notice has been duly posted, and shall file a copy of the notice in such land office, and shall thereupon be entitled to a patent for the land, in the manner following: The register of the land office, upon the filing of such application, plat, field notes, notices, and affidavits, shall publish a notice that such application has been made, for the period of sixty days, in a newspaper to be by him designated as published nearest to su
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 29
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Federal law — U.S. Code and appendices · legal_authorities
All patents for mining claims upon veins or lodes issued prior to May 10, 1872, shall convey all the rights and privileges conferred by sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim) where no adverse rights existed on the 10th day of May, 1872.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 33
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Federal law — U.S. Code and appendices · legal_authorities
Where the same person, association, or corporation is in possession of a placer claim, and also a vein or lode included within the boundaries thereof, application shall be made for a patent for the placer claim, with the statement that it includes such vein or lode, and in such case a patent shall issue for the placer claim, subject to the provisions of sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim), including such vein or lode, upon the payment of $5 per acre for such vein or lode claim, and twenty-five feet of surface on each side thereof. The remainder of the placer claim, or any placer claim not embracing any vein or lode claim, shall be paid for at the rate of $2.50 per acre, together with all costs of proceedings; and where a vein or lode, such as is described in [section 23 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title30-section23&num=0&edition=prelim), is known to exist within the boundaries of a placer claim, an application for a patent for such placer claim which does not include an application for the vein or lode claim shall be construed as a conclusive declaration that the claimant of the placer claim has no right of possession of the vein or lode claim; but where the existence of a vein or lode in a placer claim is not known, a patent for the placer claim shall convey all valuable mineral and other deposits within the boundaries thereof.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 37
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Federal law — U.S. Code and appendices · legal_authorities
Where such person or association, they and their grantors, have held and worked their claims for a period equal to the time prescribed by the statute of limitations for mining claims of the State or Territory where the same may be situated, evidence of such possession and working of the claims for such period shall be sufficient to establish a right to a patent thereto under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim), in the absence of any adverse claim; but nothing in such sections shall be deemed to impair any lien which may have attached in any way whatever to any mining claim or property thereto attached prior to the issuance of a patent.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 38
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Federal law — U.S. Code and appendices · legal_authorities
The Director of the Bureau of Land Management may appoint in each land district containing mineral lands as many competent surveyors as shall apply for appointment to survey mining claims. The expenses of the survey of vein or lode claims, and the survey and subdivision of placer claims into smaller quantities than one hundred and sixty acres, together with the cost of publication of notices, shall be paid by the applicants, and they shall be at liberty to obtain the same at the most reasonable rates, and they shall also be at liberty to employ any United States deputy surveyor to make the survey. The Director of the Bureau of Land Management shall also have power to establish the maximum charges for surveys and publication of notices under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim); and, in case of excessive charges for publication, he may designate any newspaper published in a land district where mines are situated for the publication of mining notices in such district, and fix the rates to be charged by such paper; and, to the end that the Director may be fully informed on the subject, each applicant shall file with the register a sworn statement of all charges and fees paid by such applicant for publication and surveys, together with all fees and money paid the register of the land office, which statement shall be transmitted, with the other papers in the case, to the Director of the Bureau of Land Management.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 39
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Federal law — U.S. Code and appendices · legal_authorities
All affidavits required to be made under sections 21, 22 to 24, 26 to 28, 29, 30, 33 to 48, 50 to 52, 71 to 76 of this title, and [section 661 of title 43](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section661&num=0&edition=prelim) may be verified before any officer authorized to administer oaths within the land district where the claims may be situated, and all testimony and proofs may be taken before any such officer, and, when duly certified by the officer taking the same, shall have the same force and effect as if taken before the register of the land office. In cases of contest as to the mineral or agricultural character of land, the testimony and proofs may be taken as herein provided on personal notice of at least ten days to the opposing party; or if such party cannot be found, then by publication of at least once a week for thirty days in a newspaper, to be designated by the register of the land office as published nearest to the location of such land; and the register shall require proof that such notice has been given.
Source: Supplied U.S. Code snapshot — release unconfirmed · 30 U.S.C. § 40
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