same shall be situated more than fifteen miles from any com-
pleted railroad, and not less than twenty dollars per acre for
such lands as shall be within fifteen miles of such road.

17 Stat. 607; R. S. 2347. Stroud v. Railway Co., 4 Dillon, C. C.
396. Decisions Com. G. L. O., Aug. 11, 1873 (1 Copp's L. O. 2);
March 28, 1874 (1 id. 3); May 25, 1874 (3′id. 34); Nov. 3, 1874 (3 id.
135).

coal lands.

SEC. 417. Any person or association of persons severally Pre-emption of qualified, as above provided, who have opened and improved, or shall hereafter open and improve, any coal mine or mines upon the public lands, and shall be in actual possession of the same, shall be entitled to a preference right of entry, under the preceding section, of the mines so opened and improved: Provided, That when any association of uot less than four persons, severally qualified as above provided, shall have expended not less than five thousand dollars in working and improving any such mine or mines, such association may enter not exceeding six hundred and forty acres, including such mining improvements.

17 Stat. 607; R. S. 2348.

claims of coal

sented within sixty days, &c.

SEC. 418. All claims under the preceding section must Pre-emption be presented to the register of the proper land district within land to be presixty days after the date of actual possession and the commencement of improvements on the land, by the filing of a declaratory statement therefor; but when the township plat is not on file at the date of such improvement, filing must be made within sixty days from the receipt of such plat at the district office; and where the improvements shall have been made prior to the expiration of three months from the third day of March, eighteen hundred and seventy-three, sixty days from the expiration of such three months shall be allowed for the filing of a declaratory statement, and no sale under the provisions of this section shall be allowed until the expiration of six months from the third day of March, eighteen hundred and seventy-three.

17 Stat. 607; R. S. 2349. Decision Com. G. L. O., Aug. 11, 1873
(1 Copp's L. O. 3).

SEC. 419. The three preceding sections shall be held to au- Only one entry thorize only one entry by the same person or association of allowed persons; and no association of persons any member of which shall have taken the benefit of such sections, either as an individual or as a member of any other association, shall enter or hold any other lands under the provisions thereof; and no member of any association which shall have taken the benefit of such sections shall enter or hold any other lands under their provisions; and all persons claiming under section four hundred and seventeen shall be required to prove their respective rights and pay for the lands filed upon within one year from the time prescribed for filing their respective claims; and upon failure to file the proper notice, or to pay for the land within the required period, the same shall be subject to entry by any other qualified applicant.

17 Stat. 607; R. S. 2350.

SEC. 420. In case of conflicting claims upon coal lands where the improvements shall be commenced, after the third day of March, eighteen hundred and seventy-three, priority of possession and improvement, followed by proper filing and continued good faith, shall determine the preference right to purchase. And also where improvements have already been made prior to the third day of March, eighteen hundred and seventy-three, division of the land claimed may be made by legal subdivisions, to include, as near as may be, the valuable improvements of the respective parties. The Commissioner of the General Land Office is authorized to issue all needful rules and regulations for carrying into effect the provisions of this and the four preceding sections.

17 Stat. 607; R. S. 2351.

SE . 421. Nothing in the five preceding sections shall be construed to destroy or impair any rights which may have attached prior to the third day of March, eighteen hundred and seventy-three, or to authorize the sale of lands valuable for mines of gold, silver, or copper.

17 Stat. 607; R. S. 2352.

Sec.

CHAPTER FOURTEEN.

WATER RIGHTS.

422. Vested rights to use water for mining, &c.; right of way for canals.

Sec.

424. Conditions for use of water on public
lands for reclamation.
Navigable rivers within public lands
to be public highways.

425.

423. Patents, pre-emptions, and home-
steads, subject to vested and ac-
crued water rights.
SEC. 422. 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 construc-
tion of any ditch or canal, injures or damages the posses-
sion of any settler on the public domain, the party commit-
ting such injury or damage shall be liable to the party
injured for such injury or damage.

14 Stat. 253; R. S. 2339. Atchison v. Peterson, 20 Wall. 507;
Basey v. Gallagher, 20 id. 670; Jennison v. Kirk, 8 Otto, 453;
Broder v. Water and Mining Co., S. C., Oct. T. 1879, in manu-
script. Union Mill and Mining Co. v. Ferris, 2 Saw. C. C. 176.
Lobdell v. Simpson, 2 Nev. 274; Lobdell v. Hall, 3 id. 507; Min-
ing Co. v. Carpenter, 4 id. 534; Robinson v. Imperial Silver &c.,
5 id. 44; Covington v. Becker, 5 id. 281; Hobart v. Ford, 6 id. 77;
Proctor v. Jennings, 6 id. 83; Vansickle v. Haines, 7 id. 249; Dal-
ton v. Bowker, 8 id. 201; Barnes v. Sabron, 10 id. 217; Shoemaker
v. Hatch, 13 id. 261; Rivers v. Burbank, 13 id. 398; Caruthers v.
Pemberton, 1 Montana, 111; Wilson v. O'Neil, 1 id. 284; Mining Co.
v. Halter, 1 id. 296; Noteware v. Sterns, 1 id. 311; Parks v. Bark-
ley, 1 id. 514; Woolman v. Garringer, 1 id. 535; Atchison v. Peter-
son, 1 id. 561; Barkley r. Fileke, 2 id. 59; Fabian v. Collins, 2 id.
510; Schilling v. Rominger, 4 Colo. 100; Eddy v. Simpson, 3 Cal.
249; Irwin v. Phillips, 5 id. 140; Hill v. Newman, 5 id. 445; Kelly
v. Water Co., 6 id. 105; Hoffman v. Stone, 7 id. 47; Sims v. Smith,
7 id. 149; Maeris v. Bricknell, 7 id. 262; Tenney v. Miners' Ditch
Co., 7 id. 335; Coker v. Simpson, 7 id. 341; Park v. Kilham, 8 id.
78; Crandall v. Woods, 8 id. 136; Thompson v. Lee, 8 id. 275;
Leigh Co. v. Independent Ditch Co., 8 id. 323; Bear River &c.
Co. v. N. Y. Mining Co., 8 id. 327; Hill v. King, 8 id. 337; White
v. Todd, 8 id. 443; O'Keiffer v. Cunningham, 9 id. 589; Weaver v.
Conger, 10 id. 233; Wolf v. St. Louis Ind. Water Co., 10 id. 413;
Hoffman v. Tuol, 10 id. 417; Weimer v. Lowrey, 11 id. 104; Butte
Canal Co. v. Vaughn, 11 id. 143; Kimball v. Gearhart, 12 id. 27;
McGarrity v. Byington, 12 id. 426; Ortman v. Dixon, 13 id. 33;
McDonald v. Bear River, &c., 13 id. 220; Burnett v. Whitesides,
15 id. 35; Clark v. Duvall, 15 id. 85; Edmond v. Chew, 15 id. 137;
McDonald v. Bear River &c., 15 id. 145; Kidd v. Laird, 15 id.
161; Weaver v. Eureka Lake Co., 15 id. 271; Butte T. M. Co. v.
Morgan, 19 id. 609; McKinney v. Smith, 21 id. 374; Coleman v.
Clements, 23 id. 245; Rupley v. Welch, 23 id. 452; Everett v. Hy-
draulic Co., 23 id. 225; Phoenix Water Co. v. Fletcher, 23 id. 481;
Netoma Water and Mining Co. r. McCoy, 23 id. 490; Bear River
&c. v. Boles, 24 id. 359; Wixon v. Bear River Co., 24 id. 367;
Crary v. Campbell, 24 id. 634; Wiseman v. McNulty, 25 id. 230;

Patents, pre

homesteads sub

Union Water Co. v. Crary, 25 id. 504; St. John v. Kidd, 26 id. 264; Bradley v. Harkness, 26 id. 69; American v. Bradford, 27 id. 360; Hill v. Smith, 27 id. 476; Ferrea v. Knipe, 28 id. 340; McDonald v. Askew, 29 id. 200; Henderson v. McNaughton, 31 id. 26; Davis v. Gale, 32 id. 26; Gibson v. Puchta, 33 id. 310; Richardson v. Kier, 34 id. 63; Nevada Water Co. v. Powell, 34 id. 109; Clark v. Willett, 35 id. 535; Campbell v. B. R. and W. M. Co., 35 id. 679; Richardson v. Kier, 37 id. 267; Gregor v. Nelson, 41 id. 279; Hanson v. McCune, 42 id. 303; Correa v. Frietas, 42 id. 339; Smith v. O'Hara, 43 id. 371; Stone v. Bumpus, 46 id. 218; Ogburn v. Connor, 46 id. 347; Quirk v. Tralk, 47 id. 453; Broder v. Ñ. W. and M. Co., 50 id. 621; Reynolds v. Hosmer, 51 id. 205; Titcomb v. Kirk, 51 id. 288; Cave r. Crafts, 53 id. 135. Decisions Com. G. L. O., Nov. 23, 1869 (Copp's Mg. Dec. 24); April 16, 1871 (id. 42); March 21, 1872 (id. 82).

SEC. 423. All patents granted, or pre-emption or homeemptions, and steads allowed, shall be subject to any vested and accrued ject to vested and 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 section.

accrued water

rights.

Conditions for

use of water on

reclamation.

16 Stat. 218; R. S. 2340. Union Mill. and Mg. Co. v. Ferris, 2 Saw. C. C. 176; Union Mill and Mining Co., v. Dangberg, 2 id. 451. Vansickle v. Harris, 7 Nev. 249; Barnes v. Sabron, 10 id. 217; Thorp v. Freed, 1 Montana, 652, Ogburn v. Connor, 46 Cal. 347; Broder v. N. W. and M. Co., 50 id. 621. Decisions Com. G. L. O., April 16, 1871 (Copp's Mg. Dec. 42); March 21, 1872 (id. 82). SEC. 424. The right to the use of water for the reclamapublic lands for tion of desert lands, in accordance with the provisions of an act approved March third, eighteen hundred and seventyseven, shall depend upon bona fide prior appropriation: and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation: and all surplus water over and above such actual appropriation and use, together with the water of lakes, rivers and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining and manufacturing purposes subject to existing rights.

Navigable riv. ers within public

19 Stat. 377.

SEC. 425. All navigable rivers, within the territory occulands to be public pied by the public lands, shall remain and be deemed pubhighways. lic highways; and, in all cases where the opposite banks of any streams not navigable belong to different persons, the stream and the bed thereof shall become common to both.

1 Stat. 468; 2 id. 235; R. S. 2476. New Orleans v. U. S., 10 Pet. 662; Pollard v. Hagen, 3 How. 212; Pollard v. Kibble, 9 id. 471; Hullett v. Beebe, 13 id. 25; Withers v. Buckley, 20 id. 84; Railway Co. v. Schurmeir, 7 Wall. 272; Yates . Milwaukee, 10 id. 497; The Daniel Ball, 10 id. 557; The Montello, 11 id. 411, 20 id. 430; Barney v. Keokuk, 4 Otto, 324. Woodman v. Kilburn, 1 Abbott, C. C. 158; Avery v. Fox, 1 id. 246; Northern Union Packet Co. v. Atles, 2 Dillon, C. C. 479; Forsyth v. Small, 7 Bissell, C. C. 201; Grange v. Snart, 1 Woolw. C. C. 88. Vansickle v. Harris, 7 Nev. 249; Leake v. Tolls, 8 id. 286; Gavit v. Chambers, 3 Ohio, 496; Blanchard v. Porter, 11 id. 138; Walker v. Board of Public Works, 16 id. 540; Gilman v. Riassell, 18 Mich. 144; Watson v. Peters, 26 id. 508; Treat v. Bates, 27 id. 390; Bay City Gas Light Co. v. Industrial Works, 28 id. 181; Att'y-Gen. v. Evart Booming Co., 34 id. 462; Jones v. Pettibone, 2 Wis. 308; Walker v. Stephenson, 4 id. 486; Mariner v. Schulte, 13 id. 692; Timm v. Bear, 29 id. 254; Wright v. Day, 33 id. 260; Oleson v. Merrill, 42 id. 203; Delaplane v. Railway Co., 42 id. 214; Borman v. Sun

nuches, 42 id. 233; Diedrich v. Railway Co., 42 id. 248; Stevens
Point Boom Co. v. Reilly, 44 id. 295; same case, 46 id. 237; Ha-
zeltine v. Core, 46 id. 391; Rippe v. Railway Co., 23 Minn. 18;
Bresbine v. Railway Co., 23 id. 114; McManus v. Carmichael, 3
Iowa, 1; Haight v. Keokuk, 4 id. 405; Tomlin v. Railway Co., 32
id. 106; Masser v. Hershey, 42 id. 356; Houghton v. Railway Co.,
47 id. 370; Bainbridge v. Sherlock, 29 Ind. 364; Martin v. Evans-
ville, 32 id. 85; Sherlock v. Bainbridge, 41 id. 35; Ridgeway v.
Ludlow, 58 id. 248; Taylor v. Fickas, 64 id. 168; Middleton v.
Pritchard, 4 Ills. 510; People v. St. Louis, 10 id. 351; Trustees v.
Haven, 10 id. 548; Stolp v. Hoyt, 44 id. 219; Chicago v. Laflin,
49 id. 172; Chicago v. McGinn, 50 id. 266; Hubbard v. Bell, 54
id. 110; Lovington v. County of St. Claire, 64 id. 56; Braxton v.
Bressler, 64 id. 488; Houck v. Yates, 2 id. 179; Lamers v. Nissen,
4 Neb. 245; Weise v. Smith, 3 Oreg. 445; Brown v. Kentfield, 50
Cal. 129; O'Fallen v. Doggett, 4 Mo. 209; Benson v. Morrow, 61
id. 345; Duvoige v. Salter, 6 La. Ann. 450; Boykin v. Shaffer, 13
id. 129. Decision Com. G. L. O. Feb. 20, 1874 (Copp's L. L. 763).
Manual of Surveying Instructions (1 Lester's L. L. 714).

CHAPTER FIFTEEN.

DONATIONS.

For all laws granting donation rights to citizens of the several States, see "Local and Temporary Laws," under the caption of each State.

11 L 0

Laws granting donation rights.