STATE,

public lands of the, whether open to appropriation, 29.

and United States, relative jurisdiction of, over public lands, 31.
power of, to restrain hydraulic mining, 77.

riparian rights of, not reserved by section 1422, Civil Code Cal., 113.
power of, to regulate water-rights, not affected by former preva-
lence of Mexican law, 114.

STATUTES,

act of congress of 1866, 17.

act of congress of 1870, 28.

do not sanction injurious effects of hydraulic mining. 77.

regulating riparian rights, 94 et seq.

construction of section 1422, Civil Code Cal., 111-113.

concerning water-rights, suggestions for, 145-161.

STREAMS, see WATER-COURSES.

SUBTERRANEAN WATERS,

when constituting a water-course, 63.

SUCCESSIVE APPROPRIATORS,

priority as between, 44.

rights acquired by, 82-88.

SUIT, see ACTION.

SURFACE WATER,

may constitute a stream, when, 62

T.

TENANTS IN COMMON,

of water-rights, 59.

TIME,

periodical appropriations, 84.

TITLE,

from United States, vests, when, 34.

priority of, as against subsequent appropriator, 35, 36.

relation of, to initial steps, 38.

inceptive, riparian rights under, are protected, 37.
water-rights may depend on mere possession, 46.

by appropriation, when perfect, 53, 54.

INDEX.

TITLE-Continued.

appropriator's right begins at head of his ditch, 55.

to ditches and canals, 57.

to ditches and water-rights, sale of, 57, 58.

to water-rights, in co-tenancy, 59.

to water, abandonment of, 88-91.

to water-rights, legislation on the subject of, 94 et seq.
prescriptive water-rights, 118.

TRESPASS,

upon rights of riparian owners, 74.

U.

305

UNITED STATES,

right of appropriation not originally availing against, 16.
act of congress as to appropriation of water, 17.
presumed to have licensed mining operations, 22, 23.
grantee of, takes subject to prior appropriation, 25.

act of 1870 is declaratory only, 28.

appropriation restricted to public lands of, 30.

and state, relative jurisdiction of, over public lands, 31.

power of, to annex conditions to grants, 32.

title from, when vests, 34.

power of, over navigable rivers. 77.

rights of, not affected by section 1422, Civil Code Cal., 113.

USE,

of water by riparian proprietors, at common law, 4.

intent to apply water to beneficial use is indispensable to valid ap-
propriation, 47.

water must be actually put to use, 49.

place and manner of, appropriator may change, 65.

must not pollute water, 70.

determines amount of water acquired by appropriator, 79.
non-user works abandonment, 89, 90.

of water by riparian proprietor, 119–128.

legitimate riparian uses, 121.

natural uses, 123.

secondary or artificial uses, 124.

must be reasonable, 125.

reasonableness is question of fact, 125.

1

importance and value of, in Pacific states, 1, 3.

no appropriation of, at common law, 4.

right to, may be independent of title to land, 46.

intent to apply to beneficial use necessary to valid appropriation, 47.
must be actually diverted, 48.

and put to actual use, 49.

appropriator has no right to, above his ditch, 55.

rights in. may be sold, 58.

pollution of, is actionable, 70.

unlawful discharge of, upon lands of adjoining proprietor, 75.

acquired by appropriation, amount of, 79.

capacity of ditch as measure of appropriation, 80, 81.

successive appropriations of, 82-88.

surplus, may be appropriated, 83.

increase in, how divided, 86.

abandonment of, 88-91.

legislation on the subject of, 94 et seq.

riparian rights in California and Nevada, 108 et seq.

use of, by riparian proprietor, 119–128.

use of, for irrigation, 128-144.
taken for public use, 157-159.

WATER-COURSES,

common-law doctrine of, 4-12.

no appropriation of, at common law. 4.
diversion of, illegal at common law, 4, 7.

riparian owner's right to flow of, in natural channel, 8.
this right not an appurtenance to estate, 9.
diversion of, when permissible at common law, 10.
appropriation of, for mill purposes, at common law, 11.

WATER-COUR-ES-Continued.

origin and basis of the right to appropriate, 12-24.
presumed license to divert, 22, 23.

appropriation of, is servitude on subsequent grant, 25
on public lands of the state, 29.

appropriation of, restricted to public domain, 30.

actual diversion of, necessary to complete appropriation, 48.
appropriator has no right to, above his ditch, 55.

rights in, may be sold, 58.

co-tenancy in, 59.

definition and characteristics of, 61-63.

equity will enjoin unlawful diversion of, 69

pollution of, is actionable. 70.

liability of appropriator for damages caused by ditches or dams,
71-78.

obstruction of, by debris from hydraulic mining, a public nui-
sance, 77.

increase in, how divided, 86.

abandonment of rights to, 88-91

when presumed to be public, 93.

legislation on the subject of, 94 et seq.

riparian rights in California and Nevada, 108 et seq.

rights in, under Roman and Mexican law, 114.

who are riparian owners, 117.

uses to which the water may be put, 119.

use of, for irrigation, 128–144.

size of stream as affecting use, 135.

suggestions for legislation concerning, 145–161.

natural rights and advantages of riparian owners, 152.
condemnation of, for public use, 157-159.

WYOMING,

legislation of, concerning water-rights, 104.

WEST PUBLISHING CO., PRINTERS, SAINT PAUL, MINN.