A Treatise on the Law of Riparian Rights as the Same is Formulated and Applied in the Pacific States: Including the Doctrine of AppropriationWest Publishing Company, 1887 - 307 Seiten |
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Seite 10
... consume the entire stream for any purpose . He may ap- propriate the water for his own necessary uses , but this right must be reasonably exercised , and there must be no substantial diminution or waste.2 The editorial note cited below ...
... consume the entire stream for any purpose . He may ap- propriate the water for his own necessary uses , but this right must be reasonably exercised , and there must be no substantial diminution or waste.2 The editorial note cited below ...
Seite 19
... consume a quantity of water from the natural flow or condition of such streams or lakes , which may be necessary for the purposes of his mining operations ; and that he becomes , so far as he has thus made an actual prior appropriation ...
... consume a quantity of water from the natural flow or condition of such streams or lakes , which may be necessary for the purposes of his mining operations ; and that he becomes , so far as he has thus made an actual prior appropriation ...
Seite 25
... consumed . Next to these may properly be placed the use of water for irrigation in dry and arid countries . In such cases the element is almost entirely consumed . Under a proper system of irrigation , only so much water is taken from ...
... consumed . Next to these may properly be placed the use of water for irrigation in dry and arid countries . In such cases the element is almost entirely consumed . Under a proper system of irrigation , only so much water is taken from ...
Seite 26
... consumed , or else its use did not impair its quality when wanted again for the same purpose . This fact constitutes the great difficulty in this and other like cases . If the use of water for mining purposes did not deteriorate the ...
... consumed , or else its use did not impair its quality when wanted again for the same purpose . This fact constitutes the great difficulty in this and other like cases . If the use of water for mining purposes did not deteriorate the ...
Seite 139
... consume , without returning , any quantity of its water , provided he leaves flowing down the natural channel after ... consumed , and then after such use returns the water to the stream so that it thenceforth flows down its natural ...
... consume , without returning , any quantity of its water , provided he leaves flowing down the natural channel after ... consumed , and then after such use returns the water to the stream so that it thenceforth flows down its natural ...
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A Treatise on the Law of Riparian Rights As the Same Is Formulated and ... John Norton Pomeroy Keine Leseprobe verfügbar - 2012 |
A Treatise on the Law of Riparian Rights: As the Same Is Formulated and ... John Norton Pomeroy,Henry Campbell Black Keine Leseprobe verfügbar - 2016 |
Häufige Begriffe und Wortgruppen
acequias acquired amount of water apply appro appropriation of water authorities banks Bear River Calaveras river Canal Civil Code claim common law common-law doctrines congress construction court of equity creek damages decisions defendants ditch divert the water domestic purposes eminent domain entitled existing extent grant Haggin Haines held injury jury land bordering legislation legislature Lytle Creek mill miners Mormon slough natural channel natural flow natural rights natural streams Nevada ownership parian parties patent person plaintiff portion prietor principle prior appropriation private owners private riparian proprietors propriation provisions public lands public streams purposes of irrigation question reasonable recognized regulate rights of private rights of riparian riparian owner riparian rights rule running water settled soil statute subsequent appropriator supreme court territory tion tract of land United usufruct Van Sickle water flowing water for irrigation water-course water-rights wholly
Beliebte Passagen
Seite 18 - 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...
Seite 18 - ... 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; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Seite 42 - When the Revolution took place the people of each State became themselves sovereign, and in that character hold the absolute right to all their navigable waters, and the soils under them, for their own common use, subject only to the rights since surrendered by the Constitution to the general government.
Seite 89 - To maintain the right to a watercourse or brook, it must be made to appear that the water usually flows in a certain direction, and by a regular channel, with banks or sides. It need not be shown to flow continually, as stated above, and it may at times be dry; but it must have a well-defined and substantial existence": Angell on Watercourses (6 ed), §4.
Seite 42 - The shores of navigable waters and the soils under them were not granted by the Constitution to the United States, but were reserved to the States respectively.
Seite 8 - the right of the riparian proprietor to the flow of the stream is inseparably annexed to the soil, and passes with it, not as an easement or appurtenance, but as part and parcel of it. Use does not create the right, and disuse cannot destroy or suspend it.
Seite 19 - We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a preexisting right of possession, constituting a valid claim to its continued use, than the establishment of a new one.
Seite 14 - The state legislature, after some consideration, declared by statute that in "actions respecting 'Mining Claims' proof shall be admitted of the customs, usages, or regulations established and in force at the bar, or diggings, embracing such claim ; and such customs, usages, or regulations, when not in conflict with the Constitution and Laws of this State, shall govern the decision of the action.
Seite 3 - an incident to the land; and that whoever seeks to found an exclusive use must establish a rightful appropriation in some manner known and admitted by the law.
Seite 7 - ... solebat), 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...