0. OVERFLOW, of dam, liability for damages caused by, 72, 73. P. PATENT, subsequently issued, is subject to prior appropriation, 25. power of government to annex conditions to, 32. when to be issued, 34. title under, vests when, 35. whether relates back to initial steps, 38. PERCOLATING WATERS, when constitute a water-course, 63. PLACE, of using water appropriated may be changed, 65. POSSESSION, without title, may support water-rights, 46. PRE-EMPTION, see PATENT; SETTLERS. PRESCRIPTION, right to commit a public nuisance cannot be acquired by, 77. PRESUMPTION, of a license from government for mining operations, 22, 23. PRIORITY, as between settlers and appropriators, 33 et seq. successive appropriations, 82. statute of California regarding, 96. PROPRIETORSHIP, of public lands, 31. PUBLIC LANDS, right to appropriate waters flowing through, 12-24. PUBLIC LANDS-Continued. of the state, whether open to appropriation, 29. appropriation may be independent of title to, 46. PUBLIC USE, see EMINENT DOMAIN. PURPOSE, of appropriation, 47. of appropriation may be changed, 65. determines extent of right acquired, 79. to which water may be applied by riparian owner, 119. R. RAVINE, may be used as part of appropriator's ditch, 48. REALTY, riparian owner's right to flow of stream is part of, 9. when flowing water is part of, 55. ditches and canals are, 57. REASONABLE DILIGENCE, in completing appropriation, 52. required by statute in California, 96. REASONABLE USE, of water by riparian owner, 125. is a question of fact, 125. for manufactures, 126. manner of use must be reasonable, 127. of water for irrigation, 128-144. measure of reasonableness, 136. RELATION, doctrine of, applied to inceptive rights of pre-emption claimant, 38. REMEDIES, for injuries to ditches, 67. for unlawful diversion, 68. in equity, 69. REMEDIES-Continued. for injuries to quality of water, 70. for damages caused by dams or ditches, 71-78. against injurious effects of hydraulic mining, 77. RIPARIAN RIGHTS, importance of, in Pacific states, 1. common-law doctrine of, 4-12. appropriation not recognized at common law, 4. owner's right to natural flow of stream, 8. this right not an appurtenance to estate, 9. miners' customs as to, 14, 24. doctrine of prior appropriation, 15. legislation of congress as to, 17. appropriation as against subsequent patentee, 25 on public lands of the state, 29. appropriation confined to public domain, 30. power of government to annex conditions to grants, 32. under inceptive title are protected, 37. whether patent relates back to initial steps, 38. under Mexican grant, 42. how appropriation is effected, 44-54. nature of the right acquired by appropriation, 55–70. definition and characteristics of a water-course, 62. deterioration of quality of water is actionable, 70. liability of appropriator for damages caused by dams or ditches, 71-78. injurious effects upon, of hydraulic mining, 77 successive appropriations, 82-88. abandonment of, 88-91. distinguished from appropriation, 94. legislation on the subject of, 94. California, 96. RIPARIAN RIGHTS-Continued. Montana, 98. Colorado, 99. Idaho, 100. Dakota, 101. New Mexico, 102. Arizona, 103. Wyoming, 104. Utah, 105. abolished in several states and territories. 106. on private streams of California and Nevada, 108 et seq. common law governs, in California 110. how affected by section 1422, Civil Code Cal., 111-113. in Kern district, 115. governed by common law of England, 116. who are riparian owners, 117. uses to which the water may be put, 119 et seq. general statement of law of, 119. legitimate riparian uses, 121. California decisions on riparian uses, 122. natural uses, 123. secondary or artificial uses, 124. reasonable riparian use, 125. use for manufactures, 126. manner of use must be reasonable, 127. use of water for irrigation, 128-144. no right to irrigate non-riparian lands, 132. prior appropriation gives no exclusive right, 133. size of stream affects, 135. use must be reasonable, 136, 139. irrigation is subordinate to natural wants, 138. test of reasonableness in use, 139-143. surplus water must be restored, 144. suggestions for legislation concerning, 145-161. need of statutory regulation, 145. common-law rules inadequate for question of irrigation, 146. contents of proposed statute, 147. essential nature of proposed statute, 148. system of acequias impracticable, 149. RIPARIAN RIGHTS-Continued. Colorado system criticised, 150. legislation must respect natural laws and natural rights, 151. natural rights and advantages of riparian owners, 152. jurisdiction of equity in settling water-rights, 154. legislation to the same end, 155. provision for non-riparian lands. 156. condemnation of stream for public use, 157. whether irrigation is a public use, 158. taking stream under eminent domain. 159. summary of suggestions concerning legislation, 160. RIVERS, see, also, WATER-COURSES. no exclusive appropriation of, at common law, 4. obstruction of, by debris from hydraulic mining, 77. legislation on the subject of, 94. ownership of, under Roman and Mexican laws, 114. appropriation of water for purposes of, is nugatory, 47. SPRINGS, wrongful diversion of, 87. |