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$47. The methods by which an appropriation is effected.
48. Intent to apply water to beneficial use.
49. There must be actual diversion.
50. There must be actual use of water.
51. Physical acts constituting appropriation.
52. Notice of intent to appropriate.
53. Reasonable diligence in completion of works.
54. When appropriation is complete.
55. Appropriation relates back to first step.
56. Effect of failure to comply with statutory rules.
CHAPTER V.
NATURE AND EXTENT OF THE RIGHT ACQUIRED BY
APPROPRIATION.
I. NATURE OF THE RIGHT ACQUIRED.
$57. Appropriator's right begins at head of his ditch.
58. Nature and extent of right depends on purpose of appropriation.
59. Property in ditches and canals.
60. Sale of ditches and water rights.
61. Same; conveyance of water rights.
62. Water rights as appurtenant to land.
63. Tenancy in common.
64. Right to natural flow of water at head of ditch.
65. What are streams subject to appropriation.
66.
Definition and characteristics of a water-course.
67. Percolating and subterraneous waters.
68. Right to exclusive use of water.
69. Appropriator may change place or manner of use.
70. Remedies for interference with these rights.
II. LIABILITY FOR DAMAGES CAUSED BY DITCHES.
77. Various kinds of injuries.
78. Damages caused by breaking or overflow.
79. Proper measure of care required.
§ 80. Injuries from intentional trespasses.
81. Damages from mode of construction or operation of works.
82. Discharge of mining debris.
83. Effects of hydraulic mining a public nuisance.
84. Impounding dams.
III. EXTENT OF THE RIGHT ACQUIRED.
85. Amount of water which the appropriator is entitled to use.
86. Carrying capacity of ditch.
87. True capacity of ditch the proper measure.
88.
Measurement of water.
V. ABANDONMENT OF RIGHT.
96. General doctrine of abandonment.
97. Methods of abandonment.
98. Abandonment by adverse user.
I. LEGISLATION ON THE SUBJECT.
§ 102. Distinction between appropriator and riparian owner.
103. Application of the common law.
104. Summary of statutory legislation—California.
105. Nevada.
II. THE EFFECT OF THIS LEGISLATION.
120. Riparian rights abolished.
121. Two distinct systems.
CHAPTER VII.
RIPARIAN RIGHTS ON PRIVATE STREAMS.
I. NATURE AND EXTENT OF THESE RIGHTS.
§ 122. Ambiguity of California statutes on water rights.
123. Review of the authorities.
124. Common-law doctrine of riparian rights obtains in California.
125. Construction of section 1422.
126. Riparian rights excepted.
127. Interpretation of section 1422-Lux v. Haggin.
128. Mexican law-Effect on riparian rights.
129. Riparian rights in Kern district.
130. Common law of England.
131. Who are riparian owners.
132.
133.
Prescriptive water rights.
Loss of riparian rights by adverse user and estoppel.
II. USES TO WHICH THE WATER MAY BE PUT.
134. General statement of riparian rights-Van Sickle v. Haines.
135. Modifications on doctrine of Van Sickle v. Haines.
136. Legitimate riparian uses.
137. California decisions.
§ 143. Irrigation of riparian lands-Ellis v. Tone.
144. Limited authority of foregoing decision.
145. Tendency of decision in Ellis v. Tone.
146. The question as to irrigation stated.
147. No right to irrigate non riparian lands.
148. Prior appropriation gives no exclusive right.
Relative equality of riparian owners.
149.
150.
151.
152.
Size of stream.
Reasonable use for irrigation.
Easements and adverse user.
153. Relation of irrigation to the natural wants.
154. Summary of principles.
155. Irrigation-The English authorities.
157. Review of the American authorities.
158. Review of authorities continued-The Pacific cases.
159. Surplus water must be restored.
CHAPTER IX.
SUGGESTIONS FOR LEGISLATION ON RIPARIAN RIGHTS.
§ 160. Need of statutory regulation.
161. Irrigation-Common-law rules inadequate.
162. Contents of proposed statute.
166. Legislation must respect natural laws and natural rights.
167. Natural rights and advantages of riparian owners.
$ 168.
Legislation should recognize these rights.
169. Jurisdiction of equity.
170. Legislation to the same end.
171. Provision for non-riparian lands.
172. Condemnation of stream for public use.
173. Whether irrigation is a public use.
174. Eminent domain.
175. Summary of suggestions concerning legislation.
176. Concluding observations.
CHAPTER X.
IRRIGATION AND DITCH COMPANIES.
L LEGISLATION AUTHORIZing and Regulating Such COMPANIES.
$177. Systems of statutory regulation.
178. Statute of Oregon.
179. Statute of California.
180. Statute of Washington.
181. Statutes in Wyoming.
182. Statutes in Colorado.
183. Statutes in North Dakota and Montana.
184. Statute of Nebraska.
185. Statute of Texas.
186. Statute of New Mexico.
187.
Statute of South Dakota.
188. Act of congress granting right of way.
II.
CONSTRUCTION AND APPLICATION OF THESE STATUTES.
189. Acquisition of water rights.
190. Right to use ditch constructed by another.
191. Bridging highways and crossings.
192. Tolls and charges for water.
193.
Contracts with consumers.
194. Duty of company to furnish water.
195. Compelling company to deliver water.
196. Rights of stockholders.
197. Duty to keep ditch in repair; liability for injuries.
198. Liability for failure of water-supply.