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

Summary

Keeps state water laws and existing water rights in force when federal irrigation rules apply. Federal officials must follow state rules about controlling, taking, using, or sharing irrigation water. No state, the federal government, landowner, or water user loses rights to water from interstate streams because of these federal rules. Appurtenant — the water right stays with the land that is irrigated. Beneficial use — the amount and limit of the water right are based on how much water is put to useful, beneficial use.

Title 43, §485h–4

Public Lands, Source: USLM XML via OLRC

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.

Editorial Notes

Codification Section was not enacted as part of the Reclamation Project Act of 1939 which comprises this subchapter.

§485h–4 Application of State Laws

Summary

Title 43, §485h–4

Notes & Related Subsidiaries

Editorial Notes

Citations & Metadata