Titcomb v. Kirk

Citations

• 51 Cal. 288

Syllabus

<p>Acts of Congress concerning Mineral Lands and Ditches.—The provisions of the act of Congress, approved July 26, 1866, “granting the right of way to ditch and canal owners over the public lands, and for other purposes,” and the act amendatory thereof, approved July 9, 1870, and the “Act to promote the development of the mineral resources of the United States,” approved May 10, 1872, must be considered and construed together; and said acts merely confirm to the owners of mining claims and ditches and water rights on the public lands of the United States the same rights which were accorded to them by the local customs^ laws and decisions of the courts prior to the passage of said acts.</p> <p>Idem.—There is nothing in said acts which grants to the owners of ditches on the public lands any right not “recognized and acknowledged by the local customs, laws and the decisions of the courts. ”</p> <p>Idem.—Said acts do not authorize a person engaged in the construction of a ditch for the conveyance of water to excavate it across the mining claim of another which was located before the ditch was located.</p>