-CITE-

43 USC CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR

SITES 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-

CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-MISC1-

Sec.

661. Appropriation of waters on public lands; rights of way

for canals and ditches.

662. Reservation of reservoir sites generally.

663. Restriction of sites to inclusion of necessary lands.

664. Rights of way over reservoir sites generally.

665. Rights of way over reservoir sites for wagon road,

railroad, or other highway.

666. Suits for adjudication of water rights.

(a) Joinder of United States as defendant; costs.

(b) Service of summons.

(c) Joinder in suits involving use of interstate

streams by State.

-End-

-CITE-

43 USC Sec. 661 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-

Sec. 661. Appropriation of waters on public lands; rights of way

for canals and ditches

-STATUTE-

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.

All patents granted, or preemption 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 this section.

-SOURCE-

(R.S. Secs. 2339, 2340.)

-STATAMEND-

AMENDMENT OF SECTION

Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976, 90 Stat.

2793, provided that effective on and after Oct. 21, 1976, 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 this section is amended to read as follows:

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.

All patents granted, or preemption or homesteads allowed, shall

be subject to any vested and accrued water rights as may have been

acquired under or recognized by this section.

-COD-

CODIFICATION

R.S. Sec. 2339 derived from act July 26, 1866, ch. 262, Sec. 9,

14 Stat. 253.

R.S. Sec. 2340 derived from act July 9, 1870, ch. 235, Sec. 17,

16 Stat. 218.

This section is also classified to sections 51 and 52 of Title

30, Mineral Lands and Mining.

-MISC1-

SAVINGS PROVISION

Amendment by Pub. L. 94-579, insofar as applicable to the

issuance of rights-of-way, not to be construed as terminating any

valid lease, permit, patent, etc., existing on Oct. 21, 1976, see

section 701 of Pub. L. 94-579, set out as a note under section 1701

of this title.

SECTION AS UNAFFECTED BY SUBMERGED LANDS ACT

Provisions of this section as not amended, modified or repealed

by the Submerged Lands Act, see section 1303 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 30 sections 24, 29, 33, 37,

38, 39, 40, 42, 46, 47, 48, 102.

-End-

-CITE-

43 USC Sec. 662 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-

Sec. 662. Reservation of reservoir sites generally

-STATUTE-

Sites for reservoirs and other hydraulic works necessary for the

storage and utilization of water for irrigation and the prevention

of floods and overflows, located or selected prior to August 30,

1890, shall remain segregated and reserved from entry, or

settlement, until otherwise provided by law, and reservoir sites

thereafter located or selected on public lands shall in like manner

be reserved from the date of the location or selection thereof.

-SOURCE-

(Oct. 2, 1888, ch. 1069, 25 Stat. 526, 527; Aug. 30, 1890, ch. 837,

Sec. 1, 26 Stat. 391; Pub. L. 94-579, title VII, Sec. 704(a), Oct.

21, 1976, 90 Stat. 2792.)

-COD-

CODIFICATION

Section is based on provisions contained in acts Oct. 2, 1888,

and Aug. 30, 1890, affected by act Oct. 21, 1976.

-MISC1-

AMENDMENTS

1976 - Pub. L. 94-579 struck out provision authorizing the

President, in his discretion, to open by proclamation any portion

or all of the lands reserved by this section to settlement under

the homestead laws.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 704(a) of Pub. L. 94-579 provided that the amendment made

by that section is effective on and after Oct. 21, 1976.

SAVINGS PROVISION

Amendment by Pub. L. 94-579 not to be construed as terminating

any valid lease, permit, patent, etc., existing on Oct. 21, 1976,

see section 701 of Pub. L. 94-579, set out as a note under section

1701 of this title.

-End-

-CITE-

43 USC Sec. 663 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-

Sec. 663. Restriction of sites to inclusion of necessary lands

-STATUTE-

Reservoir sites located or selected and to be located and

selected shall be restricted to and shall contain only so much land

as is actually necessary for the construction and maintenance of

reservoirs; excluding so far as practicable lands occupied by

actual settlers at the date of the location of said reservoirs.

-SOURCE-

(Mar. 3, 1891, ch. 561, Sec. 17, 26 Stat. 1101.)

-End-

-CITE-

43 USC Sec. 664 01/06/03

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TITLE 43 - PUBLIC LANDS

CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-

Sec. 664. Rights of way over reservoir sites generally

-STATUTE-

All reservoir sites reserved or to be reserved shall be open to

use and occupation under sections 946 to 949 (!1) of this title,

and any State is authorized to improve and occupy such reservoir

sites to the same extent as an individual or private corporation,

under such rules and regulations as the Secretary of the Interior

may prescribe: Provided, That the charges for water coming in whole

or part from reservoir sites used or occupied under the provisions

of this section shall always be subject to the control and

regulation of the respective States and Territories in which such

reservoirs are in whole or part situate.

-SOURCE-

(Feb. 26, 1897, ch. 335, 29 Stat. 599.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

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.

-REFTEXT-

REFERENCES IN TEXT

Sections 946 to 949 of this title, referred to in text, were

repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct. 21, 1976,

90 Stat. 2793, effective on and after Oct. 21, 1976, 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.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579, insofar as applicable to the issuance

of rights-of-way, not to be construed as terminating any valid

lease, permit, patent, etc., existing on Oct. 21, 1976, see section

701 of Pub. L. 94-579, set out as a note under section 1701 of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

43 USC Sec. 665 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-

Sec. 665. Rights of way over reservoir sites for wagon road,

railroad, or other highway

-STATUTE-

In the form provided by existing law, the Secretary of the

Interior may file and approve surveys and plats of any right of way

for a wagon road, railroad, or other highway over and across any

reservoir site when in his judgment the public interests will not

be injuriously affected thereby.

-SOURCE-

(Mar. 3, 1899, ch. 427, Sec. 1, 30 Stat. 1233.)

-STATAMEND-

REPEAL OF SECTION

Section repealed by Pub. L. 94-579, title VII, Sec. 706(a), Oct.

21, 1976, 90 Stat. 2793, effective on and after Oct. 21, 1976,

insofar as applicable to the issuance of rights-of-way over, under,

and through the public lands and lands in the National Forest

Systems.

-MISC1-

SAVINGS PROVISION

Repeal by Pub. L. 94-579 insofar as applicable to the issuance of

rights-of-way not to be construed as terminating any valid lease,

permit, patent, etc., existing on Oct. 21, 1976, see section 701 of

Pub. L. 94-579, set out as a note under section 1701 of this title.

-End-

-CITE-

43 USC Sec. 666 01/06/03

-EXPCITE-

TITLE 43 - PUBLIC LANDS

CHAPTER 15 - APPROPRIATION OF WATERS; RESERVOIR SITES

-HEAD-

Sec. 666. Suits for adjudication of water rights

-STATUTE-

(a) Joinder of United States as defendant; costs

Consent is given to join the United States as a defendant in any

suit (1) for the adjudication of rights to the use of water of a

river system or other source, or (2) for the administration of such

rights, where it appears that the United States is the owner of or

is in the process of acquiring water rights by appropriation under

State law, by purchase, by exchange, or otherwise, and the United

States is a necessary party to such suit. The United States, when a

party to any such suit, shall (1) be deemed to have waived any

right to plead that the State laws are inapplicable or that the

United States is not amenable thereto by reason of its sovereignty,

and (2) shall be subject to the judgments, orders, and decrees of

the court having jurisdiction, and may obtain review thereof, in

the same manner and to the same extent as a private individual

under like circumstances: Provided, That no judgment for costs

shall be entered against the United States in any such suit.

(b) Service of summons

Summons or other process in any such suit shall be served upon

the Attorney General or his designated representative.

(c) Joinder in suits involving use of interstate streams by State

Nothing in this section shall be construed as authorizing the

joinder of the United States in any suit or controversy in the

Supreme Court of the United States involving the right of States to

the use of the water of any interstate stream.

-SOURCE-

(July 10, 1952, ch. 651, title II, Sec. 208(a)-(c), 66 Stat. 560.)

-COD-

CODIFICATION

Section is comprised of subsections (a) to (c) of section 208 of

act July 10, 1952. Subsection (d) of section 208 is omitted as it

referred to the limitation on the use of any appropriation in act

July 10, 1952 to prepare or prosecute the suit in the U.S. District

Court for the Southern Division of California, by the United States

v. Fallbrook Public Utility Corporation.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 sections 410aaa-76,

460ccc-8, 460ddd, 460iii-5, 668dd; title 28 section 2409a.

-End-