ters, and the introduction of section numbers and appropriate head-lines, he has been scrupulous to preserve intact both the language and the arrangement of Professor POMEROY, making only such slight changes in phraseology as were rendered necessary by the altered form of publication. All the later authorities have been carefully collated, and their views and results, as also a considerable number of cases not cited by the author -have been incorporated in the work in one form or another. The general pian has been to make these interpolations in the way of additional foot-notes. But it was found that several topics of great importance were first broached by the later cases, and that points which were but imperfectly developed when the original articles were prepared had been clarified or enlarged upon. It then became necessary for the editor to write new sections; and these, being inserted in their proper connection, have added considerably to the bulk of the work. But in every instance of a new foot-note or a new section, the editor's material is to be distinguished from that of the author by the fact that it is inclosed in brackets. With a view to further facility in the use of the book, an index and a table of cases are added. H. C. B. § 4. Priority of appropriation gives no superior right. 5. Statement of leading cases. 6. Inland lakes and navigable streams. 8. Riparian owner's right to natural flow of stream. 9. This right is parcel of the realty. 13. Early importance of mining interests. 14. Mining customs. & 15. Doctrine of appropriation. 16. Appropriation not at first availing as against the government. 17. The act of congress of 1866. 18. Limits of the doctrine of appropriation—The early cases. 19. Views of the United States supreme court. 20. Grounds of these decisions. 21. Doctrine of appropriation unknown to the common law. 22. Basis of right to appropriate water. II. APPROPRIATION AS AGAINST THE SUBSEQUENT GRANTEE OF THE 25. Title of subsequent grantee is subject to prior appropriation. 26. California decisions on this point. 27. Views of United States supreme court. 30. Appropriation confined to public lands. IV. CONFLICTING CLAIMS BETWEEN SETTLERS AND APPROPRIATORS, 33. Converse of doctrine of appropriation. 34. When title from United States is perfected. 35. When patentee's riparian rights vest 36. Review of the authorities ou this point. 37. Riparian rights protected. 39. Doctrine of relation applied to patentees. 39. Grounds for the application of this doctrine. $ 46. The methods by which an appropriation is effected. 47. Intent to apply water to beneficial use. 48. There must be actual diversion. 49. There must be actual use of water. 50. Physical acts constituting appropriation. 51. Notice of intent to appropriate. 52. Reasonable diligence in completion of works. 56. Nature and extent of right depends on purpose of appropriation. 57. Property in ditches and canals. 58. Sale of ditches and water-rights. 59. Tenancy in common. 60. Right to natural flow of water at head of ditch. 61. What are streams subject to appropriation. 62. Definition and characteristics of a water-course. 63. Percolating and subterraneous waters. 64. Right to exclusive use of water. 65. Appropriator may change place or manuer of use. 66. Remedies for interference with these rights. 67. Injuries to ditches. 68. Remedies for unlawful diversion. 69. Equitable jurisdiction. 70. Deterioration of quality of water. II. LIABILITY FOR DAMAGES CAUSED BY DITCHES. 71. Various kinds of injuries. 72. Damages caused by breaking or overflow. 73. Proper measure of care required. 74. Injuries from intentional trespasses. 75. Damages from mode of construction or operation of works. 76. Discharge of mining debris. 77. Effects of hydraulic mining a public nuisance. 78. Impounding dams. III. EXTENT OF THE RIGHT ACQUIRED. $ 79. Amount of water which the appropriator is entitled to use. 82. Rights of subsequent appropriator 83. Successive appropriations. 84. Periodical appropriations. 85. Conditions under which subsequent appropriation may be ef- 95. Application of the common law. 96. Summary of statutory legislation-California. 97. Nevada. 98. Montana. 99. Colorado. 100. Idaho. 101. Dakota. 102. New Mexico. 103. Arizona. 104. Wyoming. 105. Utah. |
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