A Treatise on the Law of Irrigation: Including the Law of Water-rights and the Doctrine of Appropriation of Waters, as the Same are Construed and Applied in the States and Territories of the Arid and Semi-humid Regions of the United States; and Also Including the Statutes of the Respective States and Territories, and Decisions of the Courts Relating to Those SubjectsW. H. Lowdermilk, 1894 - 792 Seiten |
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Seite 159
... appropriation , or the first in time being the first in right . This principle almost entirely overthrew the common law theories in the Pacific States as to the control and ownership of the waters of natural streams and lakes where such ...
... appropriation , or the first in time being the first in right . This principle almost entirely overthrew the common law theories in the Pacific States as to the control and ownership of the waters of natural streams and lakes where such ...
Seite 161
... appropriation and use of the water . The right to water must be treated in this State as it has always been treated , as a right running with the land , and as a corporeal privilege bestowed upon the occupier or appropriator of the soil ...
... appropriation and use of the water . The right to water must be treated in this State as it has always been treated , as a right running with the land , and as a corporeal privilege bestowed upon the occupier or appropriator of the soil ...
Seite 168
... appropriation of said lands and waters , but had in some instances encouraged them , it was therefore presumed that the prior appropriators had a better right than subsequent patentees of the government posterior to July 26th , 1866 ...
... appropriation of said lands and waters , but had in some instances encouraged them , it was therefore presumed that the prior appropriators had a better right than subsequent patentees of the government posterior to July 26th , 1866 ...
Seite 172
... appropriated . It has never been held by the Supreme Court of the United States , or by the Su- preme Court of California , that an appropriation of water on the public lands of the United States after the act of Congress of July 26th ...
... appropriated . It has never been held by the Supreme Court of the United States , or by the Su- preme Court of California , that an appropriation of water on the public lands of the United States after the act of Congress of July 26th ...
Seite 173
... appropriation existing at that time yet with respect to patents for riparian lands issued before the act of Congress the patentee had already acquired the right to the flow of the water , with which Congress could not inter- fere . " In ...
... appropriation existing at that time yet with respect to patents for riparian lands issued before the act of Congress the patentee had already acquired the right to the flow of the water , with which Congress could not inter- fere . " In ...
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Häufige Begriffe und Wortgruppen
20 Wall acequias Act of Congress actual adverse possession agricultural amount of water applied appro appropriate the water appropriation of water arid region artesian authorities Bear River beneficial purpose Board California cited Colo common law construction corporation Court held court of equity creek damages decisions defendant ditch or canal divert the water doctrine easement eminent domain entitled equity estoppel extent fact filing flume Gould on Waters Government grant injury irri irrigation district Justice lakes ment mining Mont natural channel natural stream navigable necessary ownership parties patent person plaintiff portion prior appropriation prior right priority propriation public domain public lands purpose of irrigation question reasonable reservoir riparian owners riparian proprietor riparian rights river rule Same.-Authorities Section Smith soil Stat statute statutory subsequent appropriators supply Supreme Court Territory thereof tion United Vansickle water flowing water for irrigation water rights water-course
Beliebte Passagen
Seite 140 - 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 175 - ... 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 193 - Our Constitution declares a treaty to be the law of the land. It is (consequently to be regarded in courts of justice as equivalent to an Act of the Legislature, whenever it operates of itself without the aid of any legislative provision.
Seite 178 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Seite 92 - He has no property in the water itself, but a simple usufruct while it passes along. < Aqua currit et debet currere
Seite 313 - The common law of England, so far as it is not repugnant to, or inconsistent with, the Constitution of the United States or the Constitution or laws of the State of California, shall be the rule of decision in all the Courts of this State.
Seite 176 - States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Seite 181 - ... six hundred and forty acres to any one person, a patent for the same shall be issued to him. "Provided, that no person shall be permitted to enter more than one tract of land and not to exceed six hundred and forty acres, which shall be in compact form.
Seite 552 - Board of Supervisors, in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all the said costs in case said organization shall not be effected.
Seite 515 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.