the state says a riparian right does not apply un-appropriated un-developed federal lands, not sure if that's correct but
a mining claim is appropriated property with annual improvement requirements, fee title is with the U.S. but is an estate held in trust until patent.
US v. Shumway: “The Supreme Court has established that a mining ‘claim’ is not a claim in the ordinary sense of the word–a mere assertion of a right
–but rather is a property interest, which is itself real property in every sense, and not merely an assertion of a right to property.”
the full title of the 1966 mining act;
Mining Act of 1866
An Act granting the Right of Way to Ditch and Canal Owners over the Public Lands, and for other Purposes
section 9 contains right a way grant;
SEC. 9. And be it further enacted, That 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 aforesaid is hereby acknowledged and confirmed:
Provided, however , That whenever, after the passage of this act, any person or persons shall, in the construction of any ditch
or canal, injure or damage the possession of any settler on the public domain, the party committing such injury or damage
shall be liable to the party in jured for such injury or damage.
this was carried over to the
mining law of 1872
in title 30 U.S.C. 42 section 2339 with close to the same wording
