The Law of Waters and Water Rights: International, National, State, Municipal, and Individual, Including Irrigation, Drainage, and Municipal Water Supply, Հատոր 2

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Lawyers Co-operative Publishing Company, 1904 - 2956 էջ
 

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173b Relation between benefits and assessments
929
173c Excessive assessments
930
173d Excessive drainage facilities
931
173e Assessment of land already drained
934
Who may be included in drainage district
937
Area or frontage assessments
938
Right to meet expense of drainage by public tax
946
The land is liable for the assessment
947
Exemptions
948
HI Right to exercise power of eminent domain in drainaoe proceedings 179 Principles authorizing exercise of power
951
For public health
953
Reclamation of land
954
For other purposes generally
958
V Interference with surface water by municipal improvements 183 General principles 900
960
Casting collected water onto adjoining property 905
965
Accelerating or increasing flow 908
968
Damming back
971
CHAPTER XIII
973
Consequential injuries
974
Consequential injuries
977
188a How far are damages included in those paid upon laying out the highway
978
Negligent and wrongful acts
980
Obstructed drains
983
Embankments
986
Effect of unusual storms
987
Right and duty of individual
989
193a Casting water into street
990
Remedy for injury done
992
194a Who may sue
993
194b Who is liable 904
994
194c Damages 9
995
Limitation of actions
996
Establishment of surface drains 196 Method of effecting drainage
997
Definitions
1001
Institution of proceedings by petition of land own r
1002
By organization of drainage district
1004
199a Inclusion or exclusion of lands
1007
In what tribunal must proceedings be instituted 1098
1008
200a How far a judicial matter
1009
200c Conflicting authority
1011
200d Procedure
1012
Necessity must be shown to make establishment legal
1013
201a Also to uphold assessment
1014
Who is to determine necessity
1015
Establishment of sewers 203 Authority of municipal corporation
1016
203a For private benefit
1017
Procedure
1018
Plans and specifications 205 Practicable plans must be adopted
1020
Choice of route
1021
206a Conversion of stream into drain
1023
Provision of outlet
1024
207a Use of stream as outlet
1029
Liability for injuries caused by inadequacy or negligent loca tion of outlet
1032
Excessive cost
1034
To what extent must plans be formulated and published
1035
Cost must be estimated
1036
Route should be described
1037
Dimensions should be fixed
1038
Other details to be specified
1039
Improvement must comply with statutory requirements
1040
Failure to follow specifications
1041
216a Change in materials or details of work
1043
Use of street for drain
1045
Compensation must be made
1048
217a For private drain
1049
217b Injury to abutting owners
1051
Right to place drain on private property
1052
218a Interference with property in street I0 r 218b Liability for wrongfully l ating ditch
1055
Contracting for right of way
1057
Acquisition of right of way by eminent domain 105
1059
220a Procedure 1010
1060
220b Right remaining in landowner
1063
Compensation must be made 10i5
1065
When and how must compensation be made 1017
1067
222a Setoff of benefits 1018
1068
Measure of damages 101
1069
Acquisition of funds 224 How far drainage may be made a public charge
1072
Raising funds by local assessment
1074
22G What property Is subject to assessment
1076
Who may select land to be assessed
1078
Enlargement of district
1080
Levying the assessment
1082
22 Levying the assessment
1087
Apportionment and equalization
1088
What may be included in assessment
1090
Rights of taxpayer 232a Right to notice
1091
The assessment as a lien 105
1095
Enforcement of payment 1000
1096
The handling of funds 1019
1099
Curing errors and irregularities
1100
Who may contest assessment
1101
Method of contesting assessment
1102
Grounds for contesting assessment
1105
239a Omission of benefited lands
1111
Valid portion of assessment must be paid
1113
Estoppel
1114
Estoppel
1115
Recovering payments made 1111
1116
Completion of the improvement 244 Validity of proceedings
1117
Notice hearing 111
1119
245a To whom must notice be given
1121
245b Form of Notice
1122
Letting contract
1123
Remonstrance
1125
Interpretation of statutes
1126
Details of work
1127
249a Extension of drain
1128
Procedure
1129
Supervision by coibt 252 Direct supervision
1132
Collateral attack
1134
Liability fob injuries done by drain or sewer 254 Casting water onto abutting property because of defective plan
1135
254a Who is to devise plan
1139
254b Cases denying all liability
1141
Liability for defective construction
1144
Wrongful or negligent acts
1145
Public liability for injury by private or adopted drain
1151
Liability for injury caused by adopting stream as sewer
1153
Injuries caused by open drains
1154
Assumption of risk by attempted use of drain
1155
Estoppel and contributory negligence
1157
Municipality is not liable for unforeseen accidents
1159
Notice of defect
1161
Who may sue
1162
Who is liable
1163
When action roust be brought
1165
Form of action
1166
268a For injuries to health
1169
Repaib and maintenance 269 Duty to maintain drain
1170
Duty to keep unobstructed
1173
The making of repairs
1175
271a Duty of individual to repair
1177
Duty as to sanitary condition
1179
Duty of public to pay for repair
1182
Assessment of abutting property
1183
Private connection with drain 275 Right of taxpayer to use drain
1187
Compulsory connection with drain
1190
Public supervision
1191
Use of private drain
1193
Manner of using sewer
1194
Injury to and abandonment of drain 281 Injury to drain
1195
Abandonment of drain
1198
CHAPTEE XII
1200
What is a ferry t
1201
Ferry franchise as property
1203
285a Prescriptive rights
1205
Over what waters ferry may be established
1207
Power of municipal corporation to operate ferry
1209
Sale or lease by municipal corporation of its ferry rights
1211
Who may issue ferry licenses
1212
Restrictions on power to issue licenses 121
1216
Who may contest the grant of a license
1220
Right of riparian owner to receive grant
1221
296a Effect of statutes
1223
Priority among applicants
1224
Acceptance of franchise
1226
Construction of charter 122ft
1228
Renewal 122
1229
Right to land on shore
1230
Right to use opposite shore
1233
Acquisition of right to landing
1234
The franchise may be made exclusive
1235
Grants will be strictly construed
1238
Supervision and regulation of ferry
1239
307a Rates of toll
1241
Right to transfer franchise
1242
308a How far a personal trust
1244
Public duties of ferryman
1246
Right of ferryman to tolls
1247
What competition interferes with ferry license
1248
312a Carriage without compensation
1250
312b Bridges
1251
Right to sue for violation of ferry rights
1254
Remedy for infringing ferry rights
1256
314a Injunction
1258
What will defeat action
1260
Damages
1261
How far does ferryman assume liability of a common carrier
1262
317a Duty to have safe boat
1264
317b Duty as to operation and terminals
1265
317c Liability of public corporation
1266
317d Respondeat superior
1267
317e Remedy damages
1268
Other means of extinguishment
1270
BRIDGES FORDS LEVEES AND OTHER PUBLIC IMPROVEMENTS
1273
Construction of bridges a sovereign power
1274
Power and duty of counties
1276
Power and duty of municipal corporation
1278
Right and duty of individual
1280
Defective bridges
1283
Bridge as property
1284
Liability for injury to bridge
1308
Toll cannot be exacted without franchise
1310
Rights and duties beyond the building of the bridge
1312
Rights of riparian owner
1313
Right to use toll bridge
1314
Owner must maintain and repair bridge
1315
Right to take tolls
1316
Right of legislature to interfere with tolls
1317
345a Power to authorize competition
1318
What is unlawful competition
1321
Enforcement of toll
1323
Protection of bridge from injury
1324
Transfer and termination of franchise
1325
Fords
1326
Sea walls
1327
Duty to construct and maintain artificial walls
1329
352a Duty of individual
1332
Levee as public improvement
1334
Location of
1335
Exercise of eminent domain to acquire right of way
1336
Compensation must be made for land taken
1337
Compensation for injuries done
1339
Construction of levee
1343
Interference with levee
1345
Bonds and warrants
1348
Right to levy tax for construction of lever?
1349
Upon what land may tax be laid
1351
363a Area assessments
1353
Who may levy 135
1354
Enforcement of tax
1357
CHAPTER XIV
1360
3C8 Public right to fish
1361
368a Public right in the United States
1363
368b In nontidal waters
1364
368c In nontidal waters in United States
1366
Right to grant exclusive fishery in tidal water
1368
369a Crown grants in America
1372
Right of legislature to grant exclusive rights in tide water
1373
Fishery is real property
1375
Public grants of fishery
1378
Private grants of fishery
1380
How far does grant of fishery carry the soil
1382
Fishery right of riparian owner
1383
Prescriptive rights against public
1384
Prescriptive rights against individual
1387
Effect of custom
1389
Kinds of fishery
1390
Regulation of fishery Crowns right to royal fish
1392
Right to regulate public fisheries
1393
Right to regulate fishery on private property
1397
Close seasons
1400
Manner of fishing
1401
Destruction of illegal implements
1404
Fishways
1405
License
1410
Pollution of stream
1412
Local application of regulations
1414
How should regulations be made?
1415
Right to fish is subordinate to right of navigation
1416
Exercise of fishing rights
1418
394a Whale fisheries
1419
Interference with anothers exercise of public right
1421
Conflict between private rights
1423
Interference with captured fish
1425
397a Interference with private fishery
1426
Right to fish in lakes
1427
Rights in mill ponds
1429
Public right in shell fisheries
1433
402b Licenses
1434
402c Natural beds
1437
Rights of riparian owner
1439
Rights acquired by planting and cultivation
1441
Prescriptive rights
1442
Remedy for interference with shell fishery
1443
Extinction of fishery rights
1444
Trespass lies for injury to a fishery
1446
Other remedies
1447
Penalties
1449
Procedure 1430
1450
CHAPTER XV
1452
Grants bordering on nonnavigable streams
1454
Grants bounded by tide water
1455
Grants bounded by nontidal navigable stream
1456
Boundaries of grants by United States government
1458
Definitions 1401
1461
Meander lines
1464
Monuments
1467
Running boundary along stream
1471
What will reserve title in grantor
1473
Effect of form of grant of United States Land Department
1478
Constiuction and location of grants
1479
Boundaries on lakes
1481
County and district boundaries
1482
Boundaries of municipal corporations
1483
CHAPTER XVI
1490
Duty to care for
1492
Artificial lake
1495
Wells and reservoirs
1496
Taxation of water rights
1498
Place and manner of taxation
1499
CHAPTER XVII
1502
CHAPTER XVIII
1525
Pollution of stream
1533
Abatement of nuisance by indictment
1540
Jurisdiction over offenses
1546
455 Necessity of channel
1557
Source of Bupply
1559
The water must flow 1500
1560
Definition of water course 1502
1564
Ripabian Uioiits 461 What are rights of riparian owner? 1505
1565
Upon what does right depend 1508
1568
463a What is riparian laml?
1571
4C4 Right to flow of stream
1573
464a Right to preserve flow
1575
Right to use water
1577
What is reasonable use?
1578
Priority between uses
1580
What gives right to complain
1584
Right is continuous
1586
Contract rights
1587
Utilization of power
1590
471a Interference with stored water
1592
471b Common interests in single privilege
1593
Destruction of rights 1001
1601
473a Ice
1602
Protection of riparian rights 1000
1604
INTERFERENCE WITH FLOW OF STREAM 475 Right to pond water 1008
1612
Other interference with lion
1617
477a Drawing down natural reservoir
1618
Interference with flow by improvements 1019
1619
479a Causing channel to fill up 1020
1620
Right of lower owner to remove obstruction 1021
1624
Deflection of current in stream 1028
1628
Hastening flow of water 1031
1631
Hastening by drainage 1033
1633
IAT Change in channel of stream 489 No right to change channel
1634
Change effected by negligence 1037
1637
Rights conferred by change of channel 1038
1638
Remedy for injuries caused by change 1041
1641
Contracts
1643
Limitation of actions damages 1044
1644
Diversion of water from stream 495 Right to divert for use on land of upper proprietor 1045
1645
The water cannot be diverted from its course
1646
Diversion for use on nonriparian land
1648
Right to divert water which has been added to the strenm
1649
Complainant must be injured
1651
Means and purpose of diversion
1653
Stream must exist to make diversion illegal
1654
Liability for injury caused by diverted water
1657
Permissive diversion
1658
Rights of tenants in common 1101
1661
Remedy
1662
505b Restoration of stream ItiliB
1666
Right to maintain action for diversion
1667
Who is liable for diversion
1670
Estoppel
1672
Procedure and defenses
1673
Damages
1674
ic
1677
Obtaining right by condemnation or contract
1680
Liability for injuries
1683
Pollution of stream
1689
Stream cannot be polluted 168
1691
Complainants right must be infringed to give right of action
1692
Pollution by mining operations
1694
518a Washing of ore
1698
518c Remedy for injury
1701
Right to cast dibris into stream
1703
Other injuries
1705
Rights acquired by prescription
1706
Pollution may be enjoined
1708
Other remedies
1710
Procedure
1711
Defenses
1714
525a Contribution by others to pollution
1716
Contract rights
1718
Riohts of opposite proprietors 528 Extent of rights in water
1720
Effect of island in stream
1721
Changing current
1722
Construction of dam
1729
Change of natural rights
1731
Remedy for injury
1734
Prescriptive riohts in water course 534 Rights acquired by priority of use
1735
534a Effect of Williams v Uoreland in America
1739
534b The rule in Massachusetts and Maine
1741
CHAPTER XX
1763
WHO IB LIABLE FOB DAMMING BACK WATEB
1812
What may constitute aw illegal
1820
Procedure for securing rkdress
1843
Joinder of parties plaintiff
1886

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Common terms and phrases

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Էջ 1084 - ... corporate authorities,' as used in said section of the Constitution, must be understood those municipal officers who are either directly elected by the people to be taxed, or appointed in some mode to which they have given their assent . . . [citing cases].
Էջ 1003 - General laws may be passed permitting the owners or occupants of agricultural lands to construct, and maintain for the drainage thereof necessary drains, ditches and dykes upon the lands of others, under proper restrictions and with just compensation, but no special laws shall be enacted for such purposes.
Էջ 979 - Private property shall not be taken for public use, or damaged, without just compensation as determined by a jury, which shall be paid as soon as it can be ascertained and before possession is taken.
Էջ 1139 - ... damages, unless some adequate provision is contained in the statute for making such compensation. The immunity which extends to the consequences following the exercise of judicial or discretionary power by a municipal body or other functionary presupposes that such consequences are lawful In their character, and that the act performed might in some manner be lawfully authorized. When such power can be exercised so as not to create a nuisance, and does not require the appropriation of private...
Էջ 1554 - It must flow in a definite channel, having a bed, sides or banks, and usually discharge itself into some other stream or body of water. It must be something more than a mere surface drainage over the entire face of a tract of land, occasioned by unusual freshets or other extraordinary causes.
Էջ 1365 - And whenever the public exigencies require that the property of any individual should be appropriated to public uses, he shall receive a reasonable compensation therefor.
Էջ 1463 - Meander lines are run in surveying fractional portions of the public lands bordering upon navigable rivers, not as boundaries of the tract, but for the purpose of defining the sinuosities of the banks of the stream and as the means of ascertaining the quantity of land in the fraction subject to sale, and which is to be paid for by the purchaser.
Էջ 1525 - The private injury, in this class of cases, is said to be merged in the common nuisance and injury to all citizens, and the right is to be vindicated and the wrong punished by a public prosecution, and not by a multiplicity of separate actions in favor of private individuals.
Էջ 1576 - ... 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 while it passes along. 'Aqua currit et debet currere
Էջ 1483 - Jacobson, as patentees, for and on the behalf of themselves and their associates, the freeholders and inhabitants of the said town, their heirs, successors, and assigns...

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