A Treatise on the Law of Riparian Rights as the Same is Formulated and Applied in the Pacific States: Including the Doctrine of Appropriation
West Publishing Company, 1887 - 307 strani
Druge izdaje - Prikaži vse
A Treatise on the Law of Riparian Rights As the Same Is Formulated and ...
John Norton Pomeroy
Predogled ni na voljo - 2012
A Treatise on the Law of Riparian Rights: As the Same Is Formulated and ...
John Norton Pomeroy,Henry Campbell Black
Predogled ni na voljo - 2016
acequias acquired apply appro appropriation of water authorities banks Bear River Calaveras river California Canal Civil Code claim common law common-law doctrines congress construction court of equity creek customs damages decisions defendants ditch divert the water domestic purposes easement eminent domain entitled extent grant Haggin held hydraulic mining injury jury Kern Island lake land bordering legislation Lytle Creek mill miners Mormon slough natural channel natural flow natural stream navigable Nevada ownership parties patent person plaintiff portion pre-emptor prietor principle prior appropriation private owners private riparian proprietors propriation protected provisions public domain public lands public streams purposes of irrigation question reasonable recognized regulate right to appropriate rights of private rights of riparian riparian owners riparian rights rule running water settled soil statute subsequent appropriator supreme court territory tion tract of land United usufruct water flowing water-course water-rights wholly
Stran 22 - 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...
Stran 22 - ... 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...
Stran 46 - When the Revolution took place the people of each State became themselves sovereign, and in that character hold the absolute right to all their navigable waters, and the soils under them, for their own common use, subject only to the rights since surrendered by the Constitution to the general government.
Stran 93 - To maintain the right to a watercourse or brook, it must be made to appear that the water usually flows in a certain direction, and by a regular channel, with banks or sides. It need not be shown to flow continually, as stated above, and it may at times be dry; but it must have a well-defined and substantial existence": Angell on Watercourses (6 ed), §4.
Stran 46 - The shores of navigable waters and the soils under them were not granted by the Constitution to the United States, but were reserved to the States respectively.
Stran 12 - the right of the riparian proprietor to the flow of the stream is inseparably annexed to the soil, and passes with it, not as an easement or appurtenance, but as part and parcel of it. Use does not create the right, and disuse cannot destroy or suspend it.
Stran 23 - We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a preexisting right of possession, constituting a valid claim to its continued use, than the establishment of a new one.
Stran 18 - The state legislature, after some consideration, declared by statute that in "actions respecting 'Mining Claims' proof shall be admitted of the customs, usages, or regulations established and in force at the bar, or diggings, embracing such claim ; and such customs, usages, or regulations, when not in conflict with the Constitution and Laws of this State, shall govern the decision of the action.
Stran 7 - an incident to the land; and that whoever seeks to found an exclusive use must establish a rightful appropriation in some manner known and admitted by the law.
Stran 11 - ... solebat), without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct...