A Treatise on the Law of Water Rights as the Same is Formulated and Applied in the Pacific States: Including the Doctrine of Appropriation and the Statutes and Decisions Relating to Irrigation

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West Publishing Company, 1893 - 592 strani
 

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Grounds for presumption of license
33
Efficacy of miners customs
35
APPROPRIATION AS AGAINST THE SUBSEQUENT GRANTEE OF THE GOVERNMENT 25 Title of subsequent grantee is subject to prior appro...
38
California decisions on this point
39
Views of United States supreme court
41
The act of 1870 is declaratory only
42
Public lands of the state
44
Appropriation confined to public lands
45
The methods by which an appropriation is effected
47
Jurisdiction of state and United States distinguished 32 Power of government to annex conditions to grants
48
There must be actual diversion
49
CONFLICTING CLAIMS BETWEEN SETTLERS AND APPROPRIATORS 33 Converse of doctrine of appropriation
50
When title from United States is perfected
51
When patentees riparian rights vest 36 Review of the authorities on this point
52
Reasonable diligence in completion of works
53
When appropriation is complete
54
Appropriation relates back to first step
55
Riparian rights protected
58
Doctrine of relation applied to patentees 39 Grounds for the application of this doctrine
59
California decisions
60
Review of the cases
61
Later decisions establishing doctrine of relation 43 Riparian rights under Mexican grants
71
Summary of conclusions
73
CHAPTER IV
76
Injuries from intentional trespasses
80
Damages from mode of construction or operation of works
81
Discharge of mining debris
82
Effects of hydraulic mining a public duisance
83
Impounding dams
84
Amount of water which the appropriator is entitled to
85
Carrying capacity of ditch
86
True capacity of ditch the proper measure
87
Measurement of water
88
Effect of failure to comply with statutory rules
89
Successive appropriations
90
Periodical appropriations
91
CHAPTER V
92
Appropriators right begins at head of his ditch
93
Right to tributaries of stream
95
Nature and extent of right depends on purpose of appropriation 59 Property in ditches and canals 60 Sale of ditches and water rights
96
Same conveyance of water rights
100
Water rights as appurtenant to land
103
Tenancy in common
108
Right to natural flow of water at head of ditch
109
What are streams subject to appropriation
110
Definition and characteristics of a watercourse
111
Percolating and subterraneous waters
115
Right to exclusive use of water
116
Appropriator may change place or manner of
118
Remedies for interference with these rights 71 Injuries to ditches
124
Remedies for unlawful diversion
126
Same action for unlawful diversion
128
Same action to quiet title
132
Equitable jurisdiction
136
Deterioration of quality of water
138
Secondary uses
139
LIABILITY FOR DAMAGES CAUSED BY DITCHES 77 Various kinds of injuries 78 Damages caused by breaking or overflow
140
Reasonable use for manufactures
141
Proper measure of care required
142
Successive appropriations 46 Doctrines which control the appropriation
168
Jurisdiction of equity
169
Legislation to the same
170
Provision for nonriparian lands
171
Condemnation of stream for public
172
Whether irrigation is a public
173
Eminent domain
174
Summary of suggestions concerning legislation
175
Concluding observations
176
Systems of statutory regulation
177
ABANDONMENT OF RIGHT 96 General doctrine of abandonment
178
Methods of abandonment
179
Statute of Wasbington
180
Statutes in Wyoming
181
Statutes in Colorado
182
Bridging high ways and crossings
191
Tolls and charges for water
192
Contracts with consumers
193
Duty of company to furnish water
194
Compelling company to deliver water
195
Rights of stockholders
196
Nevada
197
Statute of California tbe Wright Act
199
Statutes of Washington and Nevada
200
Colorado
201
Statute of Utah
202
Constitutionality of these statutes
203
Idaho
204
Organization of district
205
North Dakota
206
South Dakota 111 New Mexico
208
Arizona
209
Wyoming
211
Utab 115 Oregon
213
Washington
215
Texas
217
Nebraska 119 Federal legislation
218
THE EFFECT OF THIS LEGISLATION 120 Riparian rights abolished
221
Rivers as boundaries between states
223
Two distinct systems
224
Public right of navigation
225
CHAPTER VII
226
Public right of floating logs
227
Public use of banks of stream
228
Rights of riparian owner in general
229
Right to build wharves and landings
230
Right to reclaim submerged lands
231
Preferential right to purchase
232
Tidelands defined
233
Meaning of the terms shore and beach
234
High and low water mark
235
Seashore as a boundary
236
Title of United States to tidelands of territory
237
States ownership of shore and flats
238
Nature of states title
239
Grant by state of tidelands to private owner
240
Preferential right of littoral owner to purchase
241
Location of scrip on tidelands
242
Public right of navigation
243
Rights of littoral owner in general
244
Rigbt of access to water
245
Same cases denying right of access
246
Same cases affirming right of access
247
Same cases in the Pacific states
248
Same conclusions from the authorities
249
Right to build wharves and landings
250
Establishment of harbor lines
251
Right to accretions
252
Rights of fishing
253
Severance of riparian rights
254
Determination of boundaries as between adjoining owners
255
vii
257
Modifications on doctrine of Van Sickle v Haines
274
Legitimate riparian uses 137 California decisions
276
CHAPTER VIII
285
Reasonable use for irrigation
304
Easements and adverse user
305
Relation of irrigation to the natural wants
306
Summary of principles
309
IrrigationThe English authorities
310
French law 157 Review of the American authorities
311
Review of authorities continuedThe Pacific cases 159 Surplus water must be restored
321
CHAPTER IX
323
Natural rights and advantages of riparian owners
331
Liability for failure of watersupply
398
Levy of assessments 208 Proceedings for confirmation of bonds
446
CHAPTER XII
449
RIPARIAN RIGHTS ON NAVIGABLE STREAMS 216 What streams are navigable 217 Navigable waters of the Urited States 218 Floatable streams ...
457
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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 385 - Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way.
Stran 202 - The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose...
Stran 38 - That all patents granted shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights as may have been acquired under or recognized by the preceding section.
Stran 501 - By the preceding course of reasoning we have arrived at these general conclusions.: First, 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. Secondly, the new States have the same rights, sovereignty, and jurisdiction over this subject as the original States.
Stran 462 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from tiic navigable waters of the States, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water.
Stran 98 - I mean quasi easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted.
Stran 384 - The right of way through the public lands and reservations of the United States is hereby granted to any canal or ditch company formed for the purpose of irrigation...
Stran 522 - This riparian right is property, and is valuable, and. though it must be enjoyed in due subjection to the rights of the public, it can not be arbitrarily or capriciously destroyed or impaired. It is a right of which, when once vested, the owner can only be deprived in accordance with established law, and, if necessary that it be taken for the public good, upon due compensation.

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