Adjudication of Water Rights: Hearings Before a Subcommittee of the Judiciary, United States Senate, Eighty-second Congress, First Session, on S. 18, a Bill to Authorize Suits Against the United States to Adjudicate and Administer Water Rights, April 25, August 3 and 8, 1951

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U.S. Government Printing Office, 1951 - 96 Seiten
Considers legislation to authorize adjudication of suits against and on behalf of the Federal Government in State courts.

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Seite 50 - All patents granted, or preemption or homesteads allowed, 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 this section.
Seite 20 - That nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use or distribution of water used in irrigation, or any vested right acquired thereunder...
Seite 50 - 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, and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Seite 20 - Secretary of the Interior, for and on behalf of the United States of America, party of the first part, and , for and on behalf of the State of '. , party of the second part...
Seite 51 - Provided, however. That the right to the use of water by the person so conducting the same on or to any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appropriation...
Seite 45 - Nothing we have said is meant to suggest that the act, as we construe it, has the effect of curtailing the power of the States affected to legislate in respect of waters and water rights as they deem wise in the public interest.
Seite 52 - What we hold is that following the act of 1877, if not before, all nonnavigable waters then a part of the public domain became public! juris, subject to the plenary control of the designated states...
Seite 50 - ... and the right of way for the construction of ditches and canals for the purpose 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 43 - Act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof.
Seite 51 - ... actually appropriated, and necessarily used for the purpose of irrigation and reclamation,8 and all surplus water over and above such actual appropriation and use, together with the water of all, lakes, rivers and other sources...

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