Water Rights in the Western States: The Law of Prior Appropriation of Water as Applied Alone in Some Jurisdictions, and As, in Others, Confined to the Public Domain, with the Common Law of Riparian Rights for Waters Upon Private Lands. Federal, California and Oregon Statutes in Full, with Digest of Statutes of Alaska, Arizona, Colorado, Hawaii, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, Philippine Islands, South Dakota, Texas, Utah, Washington and Wyoming, Հատոր 1Bancroft-Whitney, 1911 - 2067 էջ |
Բովանդակություն
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Այլ խմբագրություններ - View all
Water Rights in the Western States: The Law of Prior Appropriation ..., Հատոր 1 Samuel Charles Wiel Ամբողջությամբ դիտվող - 1911 |
Common terms and phrases
15 Morr 16 Idaho abandonment acquired actual applied appro appropriation of water beneficial Blank numbers California doctrine canal cited claimants Colo Colorado doctrine common law Congress constitution decisions declared Desert Land Act ditch easement eminent domain existing Federal grant Haggin held Hough Infra irrigation Land Dec landowner law of appropriation law of riparian legislation miners Mining Claims Mont Montana natural stream Nebraska Nevada North Dakota Oregon ownership parties patent permit pioneers plaintiff point of diversion possession priation principle prior appropriation priority private land propriation public domain public land purpose question recent regard reservation reservoir riparian land riparian owners riparian proprietors riparian rights river rule running water says settlers Stats statute subsequent Supra supreme court tion to-day trespassers United usufruct Utah Wash water flowing water-right watercourse Wyoming
Սիրված հատվածներ
Էջ 103 - All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States...
Էջ 228 - 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...
Էջ 364 - Territory relating to the control, appropriation, use or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this Act, 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.
Էջ 153 - ... and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation...
Էջ 228 - That all lands exclusive of timber lands and mineral lands which will not, without irrigation, produce some agricultural crop, shall be deemed desert lands, within the meaning of this act...
Էջ 792 - By the general law applicable to running streams, every riparian proprietor has a right to what may be called the ordinary use of the water flowing past his land ; for instance, to the reasonable use of the water for his domestic purposes and for his cattle, and this without regard to the effect which such use may have, in case of a deficiency, upon proprietors lower down the stream.
Էջ 106 - And they were so framed as to secure to all comers, within practicable limits, absolute equality of right and privilege in working the mines. Nothing but such equality would have been tolerated by the miners, who were emphatically the law-makers, as respects mining, upon the public lands in the State. The first appropriator was...
Էջ 186 - The common law of England, so far as it is not repugnant to or inconsistent with the Constitution of the United States, or the Constitution or laws of the state of...
Էջ 936 - The question is well settled at common law, that the person whose land is bounded by a stream of water which changes its course gradually by alluvial formations, shall still hold by the same boundary, including the accumulated soil. No other rule can be applied on just principles. Every proprietor whose land is thus bounded is subject to loss by the same means which may add to his territory; and, as he is without remedy for his loss in this way, he cannot be held accountable for his gain.
Էջ 167 - We say within reasonable limits, for this right to water, like the right by prior occupancy to mining ground or agricultural land, is not unrestricted. It must be exercised with reference to the general condition of the country and the necessities of the people, and not so as to deprive a whole neighborhood or community of its use and vest an absolute monopoly in a single individual.