CONSTITUTIONAL LAW,

statutes cannot sanction injuries caused by hydraulic mining, 83.
taking stream for public use, 172–174.

statutes investing ditch companies with power of eminent
domain, 189.

statutes authorizing formation of irrigation districts, 203.
laws creating office of water commissioner, 215.

CONSTRUCTION,

of act of congress of 1870, 28.

of section 1422, Civil Code Cal., 125-127.

of section 1283, Code Civil Proc. Cal., 174.

CONVEYANCE,

of water rights, 60–62.

may be separate from land, 61.

of tide-lands by state, 240.

preferential right of littoral owner to purchase, 241.

CORPORATIONS,

for operation of irrigating ditches, see "Ditch Companies."
irrigation districts as, 204.

CO-TENANCY,

in water rights, 63.

CUSTOMS, see "Miners' Customs."

D.

DAKOTA,

statutes of, regulating riparian rights, 109, 110.

(See "North Dakota;" "South Dakota.")

DAMAGES.

recoverable in action for unlawful diversion of stream, 73.
caused by ditches or dams, 77-84.

from breaking or overflow of dam, 78, 79.

trespass upon rights of riparian owners, 80.

from mode of construction or operation of works, 81.

caused by mining debris, 82-84.

caused by hydraulic mining, 83.

to property of ditch companies, penalties for, 178, 180, 182.
liability of ditch companies for, 178, 180, 182, 197.

DAMNUM ABSQUE INJURIA,

consumption of part of streams is, when, 150.

injury to riparian owner from public improvement of navigable
stream, 219, 226.

DAMS,

appropriation of water by means of, at common law, 11.
reasonable diligence must be exercised in completion of, 53.
appropriator's liability for damages caused by, 77-84.
damages from breaking or overflow of, 78.

care required in construction of, 79.

flooding adjacent lands by, 81.

for impounding mining debris, 84.

as obstructions in navigable streams, 219, 225.

DEBRIS,

pollution of water by, 76.

discharge of, into streams, 82.

from hydraulic mining, a public nuisance, 83.
impounding dams for, 84.

DECREE,

confirming bonds of irrigation district, 208.

DEDICATION,

of rivers to public use, under Mexican law, 128.

DEED,

conveyance of ditches and water rights by, 60-62.

DEFINITIONS,

beach, 234.

"farming neighborhood," 174.

ficatable streams, 218.

high-water mark, 235.

inch of water, 88.

low-water mark, 235.

natural wants, 138.

navigable stream, 216.

navigable waters of the United States, 217.

shore, 234.

tide-lands, 233.

water-course, 66.

DESERT LANDS,

act of congress for reclamation and sale of, 119.

DILIGENCE,

in completion of works, to secure benefit of appropriation, 53.
required in construction and maintenance of dam, 78, 79.

required by statute in California, of appropriators, 104.
required of ditch companies in completing works, 178, 180, 182,
183.

DIRECTORS OF IRRIGATION DISTRICT,

election, qualification, and bond of, 199 (sec. 4.)

powers of, 199 (sec. 11.)

issue and sale of bonds by, 199, (secs. 15, 16.)

contracting for construction of works, 199 (sec. 35.)
power of, to levy assessments, 207.

DITCH COMPANIES.

legislation authorizing and regulating, 177–188.

Oregon, 178.

California, 179.

Washington, 180.

Wyoming, 181.

Colorado, 182.

North Dakota, 183.

Montana, 183.

Nebraska, 184.

Texas, 185.

New Mexico, 186.

South Dakota, 187.

act of Congress granting right of way, 188.
rights, powers, and liabilities of, 189-198.

acquisition of water rights, 189.

right to use ditch constructed by another, 190.

bridging highways and crossings, 191.

tolls and charges for water, 192.

contracts with consumers, 193.

duty of company to furnish water, 194
compelling company to deliver water, 195.
rights of stockholders, 196.

duty to keep ditch in repair, 197.

DITCH COMPANIES-Continued.

liability for damages to land-owners, 197.

liability for failure of water-supply, 198.

DITCHES,

there must be actual diversion by means of, in order to con-
stitute valid appropriation, 49.

reasonable diligence required in completion of, 53.
appropriator's right begins at head of, 57.

property in, 59.

are part of realty, 59.

sale of, 59, 60.

remedies for injuries to, 71.

appropriator's liability for damages caused by, 77-84.
capacity of, as measure of appropriation, 86, 87.
statute of Nevada regulating construction of, 105.
owned by private corporations, see "Ditch Companies."
constructed by another, right to enlarge and use, 190.
DIVERSION,

of water-course, illegal at common law, 4.

without actual damage, 7.

when permissible at common law, 10.

for mining purposes, 15.

presumed license from government for, 22, 23.

as against subsequent patentee, 25.

must be actual, in order to complete appropriation, 49.

point of, may be changed, 69.

unlawful, remedies for, 72.

injunction against, 75.

regulated by statute in California, 104.

of stream, for purposes of irrigation, 143–159.

of stream, by ditch company, 189.

DIVISION SUPERINTENDENTS,
in Wyoming, 210.

DRAINAGE,

appropriation of water for purposes of, is nugatory, 48.
flooding adjacent lands is unlawful, 81.

E.

EASEMENT,

riparian owner's right to natural flow of stream is not, 9.
in water rights, acquired by adverse user, 132, 133.

to use of stream, acquired by grant or prescription, 152.
public, of passage on navigable streams, 225.

EJECTMENT.

will not lie to recover possession of a water-course, 75.

ELECTION,

to authorize organization of irrigation district, 199 (sec. 3.)
of officers of district, 199 (sec. 4.)

in district after organization, 199 (sec. 5.)

to authorize levy of assessments, 207.

of water master, in Idaho, 213.

of overseer of acequias, in Arizona, 214.

EMINENT DOMAIN,

condemnation of right of way for ditches or flumes, 105–118.

in Nevada, 105.

in Montana, 106.

in Colorado, 107.

in Idaho, 108.

in Arizona, 112.

in Washington, 116.

in Nebraska, 118.

taking of stream for public use, 172, 173.

water supply to cities is public use, 172.
whether irrigation is a public use, 173.
condemnation of stream under, 174.

vested in ditch companies, 189.

vested in irrigation districts, 199 (sec. 12.)

EQUITY,

jurisdiction of, to restrain unlawful diversion, 75.

will enjoin hydraulic mining, 83.

jurisdiction of, in settling water rights, 169.

ESTOPPEL,

loss of water rights by, 98.

riparian rights forfeited by, 133.