A Treatise on the Law of Water Rights as the Same is Formulated and Applied in the Pacific States: Including the Doctrine of Appropriation and the Statutes and Decisions Relating to IrrigationWest Publishing Company, 1893 - 592 Seiten |
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Seite 14
... proprietor below to an equal use of the stream ; he had made only a reasonable use of it ; his appropriation to that extent , be- ing justifiable and prior in time , necessarily prevents the pro- prietor below from raising the water ...
... proprietor below to an equal use of the stream ; he had made only a reasonable use of it ; his appropriation to that extent , be- ing justifiable and prior in time , necessarily prevents the pro- prietor below from raising the water ...
Seite 73
... prietor holding by a Mexican grant duly confirmed are exactly the same , governed by the same rules , as those held and enjoyed by any other private riparian proprietor within the state . The source of his title can make no difference ...
... prietor holding by a Mexican grant duly confirmed are exactly the same , governed by the same rules , as those held and enjoyed by any other private riparian proprietor within the state . The source of his title can make no difference ...
Seite 173
... prietor , and greater in amount than he has appropriated , the lower proprietor is entitled to the flow of the surplus ; but in a season of drought , during which the flow of the water is greatly diminished , the lower proprietor is not ...
... prietor , and greater in amount than he has appropriated , the lower proprietor is entitled to the flow of the surplus ; but in a season of drought , during which the flow of the water is greatly diminished , the lower proprietor is not ...
Seite 191
... prietor has yet made any actual diversion of its waters , the ques- tion is fairly presented , can any one of these owners , by means of a prior appropriation , acquire the right , as against the others , to divert , use , and consume ...
... prietor has yet made any actual diversion of its waters , the ques- tion is fairly presented , can any one of these owners , by means of a prior appropriation , acquire the right , as against the others , to divert , use , and consume ...
Seite 222
... prietor whose land is situated at any distance from the stream . In fact , a proprietor immediately adjoining a stream is , by rea- son of his position , subject to a liability which must often be a grievous burden upon the land , and a ...
... prietor whose land is situated at any distance from the stream . In fact , a proprietor immediately adjoining a stream is , by rea- son of his position , subject to a liability which must often be a grievous burden upon the land , and a ...
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Andere Ausgaben - Alle anzeigen
A Treatise on the Law of Water Rights as the Same Is Formulated and Applied ... John Norton Pomeroy Keine Leseprobe verfügbar - 2017 |
A Treatise on the Law of Water Rights as the Same Is Formulated and Applied ... John Norton Pomeroy,Henry Campbell Black Keine Leseprobe verfügbar - 2015 |
A Treatise on the Law of Water Rights as the Same Is Formulated and Applied ... John Norton Pomeroy Keine Leseprobe verfügbar - 2015 |
Häufige Begriffe und Wortgruppen
acequias acquired adverse possession amount of water applied appro appropriation of water assessment authority banks benefit Calaveras river California Civil Code claim claimant Colo common law common-law doctrines constitution construction corporation court of equity creek damages decisions defendant ditch or canal divert the water easement effect eminent domain entitled exclusive extent flume grant held hydraulic mining injury irrigation districts jury legislation legislature Lytle Creek mill mining natural channel natural flow natural stream navigable waters necessary Nevada Oreg ownership parties patent person plaintiff portion prietor prior appropriation private riparian proprietors propriation public lands public streams purposes of irrigation quantity question reasonable regulate rights of riparian riparian owner riparian rights river rule slough soil statute subsequent appropriator supreme court territory thereof tion tract of land United usufruct vested water flowing water rights water-course
Beliebte Passagen
Seite 22 - 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 22 - ... 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 385 - Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way.
Seite 202 - The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose...
Seite 38 - That all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights as may have been acquired under or recognized by the preceding section.
Seite 501 - By the preceding course of reasoning we have arrived at these general conclusions.: First, 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. Secondly, the new States have the same rights, sovereignty, and jurisdiction over this subject as the original States.
Seite 462 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from tiic navigable waters of the States, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water.
Seite 98 - I mean quasi easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted.
Seite 384 - The right of way through the public lands and reservations of the United States is hereby granted to any canal or ditch company formed for the purpose of irrigation...
Seite 522 - This riparian right is property, and is valuable, and. though it must be enjoyed in due subjection to the rights of the public, it can not be arbitrarily or capriciously destroyed or impaired. It is a right of which, when once vested, the owner can only be deprived in accordance with established law, and, if necessary that it be taken for the public good, upon due compensation.