Paper on the Irrigation Laws and Decisions of California

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Bancroft-Whitney, 1900 - 128 էջ

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Common terms and phrases

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Էջ 75 - What the company is entitled to demand, in order that it may have just compensation, is a fair return upon the reasonable value of the property at the time it is being used for the public.
Էջ 52 - 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 39 - Within sixty days after the notice is posted the claimant must commence the excavation or construction of the works in which he intends to divert the...
Էջ 99 - The water of every natural stream, not heretofore appropriated, within the state of Colorado, is hereby declared to be the property of the public, and the same is dedicated to the use of the people of the state, subject to appropriation as hereinafter provided.
Էջ 57 - It is insisted, however, that the owner of property is entitled to a reasonable compensation for its use, even though it be clothed with a public interest, and that what is reasonable is a judicial and not a legislative question.
Էջ 81 - Whenever any corporation, organized under the laws of this state, furnishes water to irrigate lands which said corporation has sold, the right to the flow and use of said water is and shall remain a perpetual easement to the land so sold, at such rates and terms as may be established by said corporation in pursuance of law.
Էջ 73 - These cases all support the proposition that, while It Is not the province of the courts to enter upon the merely administrative duty of framing a tariff of rates for carriage, It Is within the scope of Judicial power, and a part of judicial duty, to restrain anything which, In the form of a regulation of rates, operates to deny to the owners of property Invested In the business of transportation that equal protection which Is the constitutional right of all owners of other property.
Էջ 118 - Whenever fifty, or a majority of the holders of title, or evidence of title, to lands susceptible of one mode of irrigation from a common source, and by the same system of works...
Էջ 20 - California, but the right to the use of running water flowing in a river or stream or down a canyon or ravine may be acquired by appropriation...
Էջ 100 - The use of all waters now appropriated, or that may hereafter be appropriated for sale, rental or distribution; also of all water originally appropriated for private use, but which after such appropriation has heretofore been, or may hereafter be sold, rented, or distributed, is hereby declared to be a public use, and subject to the regulation and control of the State in the manner prescribed by law.

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