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II. THE EFFECT OF THIS LEGISLATION.
§ 106. Riparian rights abolished.
107. Two distinct systems.
CHAPTER VII.
RIPARIAN RIGHTS IN THE PRIVATE STREAMS OF CAL-
IFORNIA AND NEVADA.
I. NATURE AND EXTENT OF THESE RIGHTS.
108. Ambiguity of California statutes on water-rights.
109. Review of the authorities.
110. Common-law doctrine of riparian rights obtains in California.
111. Construction of section 1422.
112. Riparian rights excepted.
113. Interpretation of section 1422-Lux v. Haggin.
114. Mexican law-Effect on riparian rights.
115. Riparian rights in Kern district.
116. Common law of England.
117. Who are riparian owners.
118. Prescriptive water-rights.
II. USES TO WHICH THE WATER MAY BE PUT.
119. General statement of riparian rights-Van Sickle v. Haines.
120. Modifications on doctrine of Van Sickle v. Haines.
$128. Irrigation of riparian lands-Ellis v. Tone.
129. Limited authority of foregoing decision.
:
§ 130.
Tendency of decision in Ellis v. Tone.
131. The question as to irrigation stated.
132. No right to irrigate non-riparian lands.
133. Prior appropriation gives no exclusive right.
Relative equality of riparian owners.
134.
135.
136.
137.
Size of stream.
Reasonable use for irrigation.
Easements and adverse user.
138. Relation of irrigation to the natural wants.
139. Summary of principles.
140. Irrigation-The English authorities.
141. French law.
142. Review of the American authorities.
143. Review of authorities continued-The Pacific cases.
144. Surplus water must be restored.
CHAPTER IX.
SUGGESTIONS FOR LEGISLATION ON RIPARIAN RIGHTS.
145. Need of statutory regulation.
146. Irrigation-Common-law rules inadequate.
147. Contents of proposed statute.
148.
Essential nature of projected law.
149. System of acequias impracticable.
150. Colorado system criticised.
151. Legislation must respect natural laws and natural rights.
152. Natural rights and advantages of riparian owners.
153. Legislation should recognize these rights.
154. Jurisdiction of equity.
155. Legislation to the same end.
156. Provision for non-riparian lands.
157. Condemnation of stream for public use.
158. Whether irrigation is a public use.
159. Eminent domain.
160. Summary of suggestions concerning legislation.
161. Concluding observations.