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30 U.S.C. § 33 — Existing rights

Federal law — U.S. Code and appendices · legal_authorities

30 U.S.C. § 33 — Existing rights

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.

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Source location: Title 30, Chapter 2, § 33; chapter-002-mineral-lands-and-regulations-in-general.md

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 661 — Appropriation of waters on public lands; rights of way for canals and ditches

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

30 U.S.C. § 33 — Existing rights

Page 17 TITLE 30—MINERAL LANDS AND MINING § 35 § 32. Findings by jury; costs If, in any action brought pursuant to section 30 of this title, title to the ground in con- troversy shall not be established by either party, the jury shall so find, and judgment shall be entered according to the verdict. In such case costs shall not be allowed to either party, and the claimant shall not proceed in the land office or be entitled to a patent for the ground in con- troversy until he shall have perfected his title. (Mar. 3, 1881, ch. 140, 21 Stat. 505.) § 33. Existing rights All patents for mining claims upon veins or lodes issued prior to May 10, 1872, shall convey all the rights and privileges conferred by sec- tions 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 where no adverse rights existed on the 10th day of May, 1872. (R.S. § 2328.) Editorial Notes REFERENCES IN TEXT 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, referred to in text, were in the original ‘‘this chapter’’, meaning chapter 6 of title 32 of the Revised Statutes, consisting of R.S. §§ 2318 to 2352. CODIFICATION R.S. § 2328 derived from act May 10, 1872, ch. 152, § 9, 17 Stat. 94. Provision of this section respecting prosecution of ap- plications for patents for mining claims in General Land Office, pending May 10, 1872, was omitted from the Code. § 34. Description of vein claims on surveyed and unsurveyed lands; monuments on ground to govern conflicting calls The description of vein or lode claims upon surveyed lands shall designate the location of the claims with reference to the lines of the pub- lic survey, but need not conform therewith; but where pat

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