A Treatise on the Law of Irrigation: Covering All States and Territories

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W. H. Courtright Publishing, 1916 - 626 էջ
 

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Rise and Growth of Irrigation
17
CHAPTER II
19
In GeneralTwo Main Systems of the Irrigation Law 11 Irrigation Codes
22
Alaska
23
Arizona
25
California
29
Colorado
34
Idaho
39
Kansas
42
Montana
43
Nebraska
45
Nevada
48
New Mexico
50
North Dakota
52
Oklahoma
53
Oregon
54
South Dakota
55
Texas
56
The Doctrine in General Section 30 Scope of Present Chapter 31 General Statement of Doctrine of Riparian Rights 32 In What States in Force 33 Fou...
64
Manner of
65
Point of Diversion or Relurn
66
Change of Point of Diversion
67
Preliminary Statement
68
Appropriation and the English Common
69
Origin of the Doctrine of AppropriationIn Generai
70
The Early Authorities
71
Doctrine of Appropriation a New Doctrine
72
Extension of Doctrine to Irrigation
73
Foundation of Right of Appropriator
74
Power of State of Authorize Appropriation
75
Appropriation Upon the Public Domain of the United States
76
Appropriation Upon State Lands
77
Legislation Relating to Appropriation
78
Constitutionality of Statutes Authorizing Appropriation II Appropriation Under Acts of Congress
79
Appropriation on the Public DomainIn General
80
The Federal Statute of 1866
82
How Existence of Water Rights on Public Domain is Deter mined
83
Relative Rights of Appropriator of Water and Grantee of Land Preliminary
84
Appropriation Prior to GrantAct of 1870
86
When Rights of Grantee Attach
87
In General
88
Waste or Surplus Water
89
Springs and Seepage WaterIn General
90
Special Statutory Provisions
91
Underground Streams
92
Appropriation on Private Land
100
Appropriation on Government Reservations
101
In General 103 Appropriation by Riparian Owner VI How Water Is Appropriated
103
Preliminary Statement
104
The Elements of a Valid Appropriation
105
Notice of AppropriationIn General
106
What Is a Sufficient Notice
107
Posting Second NoticeAbandonment
108
Rights Secured by Posting Notice
109
Notice and Record Thereof as Evidence
110
Appropriation without Posting Notices
111
Filing Map and Statement of Appropriation
112
Appropriation Under Recent Irrigation Codes and Statutes
113
Diversion of WaterWater must be Diverted within a Reason able Time
114
What Constitutes a Reasonable Time
115
Modes of Diverting and Conducting Water
116
Use of Natural Channel or Ravine as part of Ditch
117
Use of Ditch Constructed by or Belonging to Another
118
Ditch on Public Land
119
Intent to Apply Water to Beneficial
120
Application of Water to Beneficial UseWhat Must Be Used
121
Percolating Waters
122
Within a Reasonable Time 122 What Constitutes a Reasonable Time 123 Gradual Application Through Successive Seasons 124 Methods of Applying...
123
Place of
125
The Doctrine of Relation
126
The Doctrine of Priority
127
Utah
135
Use of Water by Periods
137
poses
139
Artesian Wells
169
Water Artificially Developed
170
Navigable Waters
171
Interstate Streams
172
Taxation of Ditches and Water Rights
173
Kansas v Colorado
174
Washington
181
ColoradoIn General
201
Distribution of WaterWater Commissioners
202
State Canals and Reservoirs
203
Idaho
204
Kansas
205
Montana
206
Nebraska
207
Nevada
208
Right to Flow of Tributaries
234
Lower Tributaries 136 Manner of UsingReasonablenessWaste
237
Enlargement or Extension of
241
Change of Point or Means of Diversion
243
Statutory Provisions Governing Change of Point of Diversion
244
Independent Action
245
Change of Place of
246
Kansas
247
Change of
248
Nebraska
249
Exchange or Loan of Water
250
CHAPTER V
251
North Dakota
252
Oklahoma
253
Oregon
254
South Dakota
255
Texas
256
Utah
257
Generally
278
Public Service Companies
279
Mutual Irrigation Companies
280
CHAPTER VI
281
ByLaws and Regulations
282
Acquisition of Water RightsGenerally
283
CHAPTER VII
291
CHAPTER VIII
311
CHAPTER IX
326
Oregon
344
In General
355
Generally
356
Wyoming
378
Appropriation under Wyoming Statutes
382
CHAPTER XI
384
Action to Quiet Title
390
The Pleadings
391
Determination of Quantity of Water to be Awarded
392
The DecreeCertainty and Definiteness Required
394
Conditional Decree
398
Decree in Suit Determining Riparian Rights 229 Appeals
400
Costs
401
Enforcement and Effect of Decree
402
The Doctrine of Res Judicata
404
Adjudication in the Several StatesArizona 234 California
405
Colorado Statutory AdjudicationGenerally
407
Nature of Adjudication Proceedings 237 What Priorities May Be Determined
410
Jurisdiction of Courts
413
PartiesPleadings
415
Proceedings Before Referee
416
The Decree
418
Conclusiveness of Decree
420
Wyoming
434
Wyoming
440
CHAPTER XII
445
Pleadings
463
Burden of ProofEvidence
467
Defenses
468
Damages 273 Actions Affecting Interstate Streams
471
Injuries to Ditches and Other Works
472
Pollution of Water
473
CHAPTER XIII
476
Generally
477
Water Not to Be Wasted 63 Building Dams Across Stream 64 Storing Water
479
Liability for Damages Caused by Reservoir
481
Appropriation by Irrigation Companies
493
Condemnation of Water Rigits
495
Acquisition of Right of
497
Irrigation Companies as Public Carriers of Water
499
Duty to Furnish Water to Consumers
501
Demand or Tender of Price by Consumer
504
Suit to Compel Delivery of Water
505
Contracts for Water Rights
508
Rates for Furnishing Water
512
Establishment of Water Rates
514
Liability of Company for Failure to Furnish Water
519
Measure of Damages
522
Transfer of Stock in Irrigation Companies
523
CHAPTER XV
525
Generally
528
Organization of District 299 Corporate Nature of Irrigation Districts
531
Powers and Duties of Board of Directors
534
Suits by and Against Irrigation Districts
536
Issuance of Bonds
537
Assessments
539
Confirmation Acts
540
CHAPTER XVI
542
The Cary Act of 1894
553
Control in Several StatesArizona 200 California
568
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Common terms and phrases

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Էջ 542 - ... all surplus water over and above such actual appropriation and use, together with the water of all 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.
Էջ 32 - The use of all water now appropriated, or that may hereafter be appropriated for sale, rental or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Էջ 150 - 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 water rights, as may have been acquired under or recognized by the preceding section.
Էջ 552 - An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress approved July second, eighteen hundred and sixty-two...
Էջ 556 - 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 552 - That the Secretary of the Interior is hereby authorized and directed to make examinations and surveys for, and to locate and construct, as herein provided, irrigation works for the storage, diversion, and development of waters, including artesian wells...
Էջ 136 - Although this power of changing the common law rule as to streams within its dominion undoubtedly belongs to each state, yet two limitations must be recognized : "First, that in the absence of specific authority from Congress a State cannot by its legislation destroy the right of the United States, as the owner of lands bordering on a stream to the continued flow of its waters ; so far at least as may l)e necessary for the beneficial uses of the government property.
Էջ 67 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct...
Էջ 37 - That private property shall not be taken or damaged, for public or private use, without just compensation.
Էջ 33 - Such ordinances or resolutions shall be passed in the month of February of each year, and take effect on the first day of July thereafter. Any board or body failing to pass the necessary ordinances or resolutions fixing...

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