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A TREATISE

ON

THE LAW OF RIPARIAN RIGHTS

AS THE SAME IS FORMULATED AND APPLIED IN THE PACIFIC

STATES, INCLUDING THE DOCTRINE OF

APPROPRIATION

By John Norton Pomeroy, LL.D.
AUTHOR OF WORKS ON CONSTITUTIONAL AND INTERNATIO" AL LAW

AND ON EQUITY JURISPRUDENCE

REVISED AND EDITED BY

HENRY CAMPBELL BLACK, M. A.
AUTHOR OF A WORK ON CONSTITUTIONAL PROHIBITION

ST. PAUL, MINN.
WEST PUBLISHING CO.

L10211

TEB 15 1935

COPYRIGHT, 1887,

BY

WEST PUBLISHING COMPANY.

EDITOR'S PREFACE.

The late Professor POMEROY, during his editorship of the West Coast Reporter, published in that journal a series of articles on water-rights and riparian privileges in the Pacific states, which attracted much attention from the legal profession in those communities, and elicited high commendation by reason of their learning, candor, and comprehensive grasp of the subject. In consequence of the peculiarities of the law of riparian rights obtaining in California, Nevada, and the adjacent states and territories, the limited applicability of the common-law rules, the prevalence of that unique system known as the doctrine of appropriation, and the novelty and importance of the questions presented to the courts, the appearance of these articles was timely and significant, and they formed a valuable addition to the literature of the subject. The plates and copyrights of the West Coast Reporter having come into the ownership of the publishers of the present work, it was decided to reprint the articles in question in the form of a text-book; and they constitute the basis of the monograph now offered to the profession. It is to be regretted, for several reasons, that this undertaking could not have had the benefit of the author's own superintendence and revision; and especially because the doctrines and results of the later cases cannot, perhaps, be so harmoniously blended into the original work by a stranger's hand. But the editor has endeavored to perform this office to the best of his opportunities. Apart from the breaking of the work into chap

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