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
Mnenja - Napišite recenzijo
Na običajnih mestih nismo našli nobenih recenzij.
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
acquired action actual adopted amount apply appropriation authorities banks benefit California canal cause channel circumstances claim Code common common-law complete concerning condition congress constitution construction consume continued damages decisions defendants ditch divert doctrine easement effect entire entitled equal established exclusive existing extent fact flow give grant held important injury intended interests jury lake legislation limited manner means mill mining natural necessary needs obtained operation opinion ownership particular parties passes patent person plaintiff portion possession present principle prior prior appropriation private riparian proprietors protected provisions public lands purposes of irrigation quantity question quoted reasonable recognized regard regulate relate respect result riparian owners riparian proprietors riparian rights river rule running seems settled slough soil statute stream subsequent sufficient supply supreme court taken territory tion tract United whole wholly
Stran 18 - 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 18 - ... 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 42 - 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 89 - 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 42 - 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 8 - 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 19 - 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 14 - 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 3 - 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 7 - ... 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...