...rights to the use of water exercised pursuant to State law by enactment of the following language: "All patents granted, or preemption or homesteads...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."...

...title. §52. Patents of homesteads subject to vested and accrued water rights. All patents granted, or homesteads allowed, shall be subject to any vested...water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or 'recognized by section 51...

...17, 16 Stat. 217, 218 (codified in 43 USC § 661 (1970)), which provides that, by the Act of 1866, "all patents granted, or preemption or homesteads...subject to any vested and accrued water rights, or right to ditches and reservoirs used in connection with such water rights, as may have been acquired...

...further empowered to fix the bonds of deputy mineral surveyors." "SEC. 51. That all patents granted 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 the preceding...

...142 (1935), Mr. Justice Sutherland " explained that, through this language, Congress water law, by providing that "all patents granted, or preemption...be subject to any vested and accrued water rights." The effect of the 1866 and 1870 Acts was not limited to rights previously acquired. "They reach [ed]...

...preeoptori were settling the western public lands. Congress in 1870 added the following to this law: "All patents granted, or pre-emption or homesteads...water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by the preceding...

...public lands, Congress in 1870 added tfie following to this law: "All patents granted, or pre-emption ot homesteads allowed, shall be subject to any vested...water rights, or rights to ditches and reservoirs used in connection nita such water rights, as may have been acquired under or recognized &y the preceding...

...protected In the same; . ." (43 USC J661). In amending the Mining Law In 1870, Congress further provided: "all patents granted, or preemption or homesteads...water rights, or rights to ditches and reservoirs used In connection with such water rights, as nay have been acquired under or recognized by [the preceding]...

...protected in the same; . . " (43 USC §661). In amending the Mining Law in 1870, Congress further provided: "all patents granted, or preemption or homesteads allowed, shall be subject to any vested and arc rued water right*, or rights to ditches and reservoirs used in connection with such water rights,...

...be liable to the party injured for such injury or damage. 11 MINING LAW OF 1872 Sec. 2346 SEC. 2340. All patents granted, or pre-emption or homesteads...allowed, shall be subject to any vested and accrued water-rights, or rights to ditches and reservoirs used in connection with such waterrights, as may...