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 23
... possessed in their day ? Never has the skill of the best modern engineers been able to improve on the lines of the ruined canals which they left behind them . In the selection of locations at which to take the water from the rivers the ...
... possessed in their day ? Never has the skill of the best modern engineers been able to improve on the lines of the ruined canals which they left behind them . In the selection of locations at which to take the water from the rivers the ...
Seite 45
... Besides these , there are a legion of irrigators quarrelling with each other for the possession of the small amount of water available during the critical season of the year . Why do not these §35 . ] 45 IRRIGATION PAST AND PRESENT .
... Besides these , there are a legion of irrigators quarrelling with each other for the possession of the small amount of water available during the critical season of the year . Why do not these §35 . ] 45 IRRIGATION PAST AND PRESENT .
Seite 73
... possessed in such rivers and in the soil beneath.2 Mr. Gould in his work on waters says upon " At the time of the Revolution when the people became sovereign the respective States succeeded to the title of the Crown in the tide waters ...
... possessed in such rivers and in the soil beneath.2 Mr. Gould in his work on waters says upon " At the time of the Revolution when the people became sovereign the respective States succeeded to the title of the Crown in the tide waters ...
Seite 87
... possession of a watercourse , by that name , or for the re- covery of the water itself , as for so many cubical yards or for so many acres of water ; but as Blackstone states , the action must be brought for so many acres of land ...
... possession of a watercourse , by that name , or for the re- covery of the water itself , as for so many cubical yards or for so many acres of water ; but as Blackstone states , the action must be brought for so many acres of land ...
Seite 88
... possession of the land contiguous to the water . 1 Jones vs. Johnson , 18 How . 150 ; Johnson vs. Jones , 1 Black 209 ; Bates vs. Ill . Cent . Ry . Co. , I Black 204 . 2 Miner vs. Gilmour , 12 Moo . P. C. 131 ; Chasemore vs. Richards ...
... possession of the land contiguous to the water . 1 Jones vs. Johnson , 18 How . 150 ; Johnson vs. Jones , 1 Black 209 ; Bates vs. Ill . Cent . Ry . Co. , I Black 204 . 2 Miner vs. Gilmour , 12 Moo . P. C. 131 ; Chasemore vs. Richards ...
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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.