30 USC § 52 - Patents or homesteads subject to vested and accrued water rights

---
identifier: "/us/usc/t30/s52"
source: "usc"
legal_status: "official_prima_facie"
title: "30 USC § 52 - Patents or homesteads subject to vested and accrued water rights"
title_number: 30
title_name: "MINERAL LANDS AND MINING"
section_number: "52"
section_name: "Patents or homesteads subject to vested and accrued water rights"
chapter_number: 2
chapter_name: "MINERAL LANDS AND REGULATIONS IN GENERAL"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(R.S. § 2340; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.)"
---


# 1 Patents or homesteads subject to vested and accrued water rights

See Repeal; Savings Provision note below.

[^1]section 51 of this title

All patents granted, or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by .

---

**Source Credit**: (R.S. § 2340; Mar. 3, 1891, ch. 561, § 4, 26 Stat. 1097.)

## Editorial Notes

### Codification

R.S. § 2340 derived from , .

Section is also set out as the second par. of , Public Lands.

## Statutory Notes and Related Subsidiaries

### Repeal; Savings Provision

Provision of this section, “, or rights to ditches and reservoirs used in connection with such water rights,” was repealed by , , , effective on and after , insofar as applicable to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System. Such repeal not to be construed as terminating any valid lease, permit, patent, etc., existing on , see , set out as a note under , Public Lands.

### Submerged Lands Act

Provisions of this section as not amended, modified or repealed by the Submerged Lands Act, see , Public Lands.