PIERS,

in navigable rivers, right to construct, 219, 225, 230.
on the seashore, 250.

PLACE.

of using water appropriated may be changed, 69.

statute of California concerning, 104.

PLEADINGS,

in actions concerning water rights, 73.

in actions for confirmation of bonds of irrigation district, 208.

POSSESSION,

without title, may support water rights, 47.

but not true riparian rights, 131

PRE-EMPTION,

See "Patent;" "Settlers."

PRE-EMPTIONER,

rights of, relate back, 38-42.

PRESCRIPTION,

right to commit a public nuisance cannot be acquired by, 83.

rights to water acquired by, 97, 98, 132, 152.

adverse user extinguishing riparian rights, 133.

PRESUMPTION,

of a license from government for mining operations, 22, 23.

that stream was on public lands, 101.

of license to construct wharves, 250.

PRIORITY,

as between settlers and appropriators, 33 et seq.

successive appropriations, 89.

statute of California regarding, 104.

statute of Idaho as to, 108.

laws of Washington as to, 116.

PROPRIETORSHIP,

of public lands, 31.

of bed of navigable streams, 220.
of tide-lands, 237-241.

PUBLIC CORPORATIONS

PUBLIC LANDS,

right to appropriate waters flowing through, 12-24.
grantee of, takes subject to prior appropriation, 25.
of the state, whether open to appropriation, 29.
right of appropriation confined to, 30.

appropriation may be independent of title to, 47.
desert, sale and reclamation of, 119.

primary disposal of, carries riparian rights, 127.

right of way over, granted to ditch companies, 178, 184-186.
right of way over lands of United States, 188.

tide-lands not included in the term, 242.

PUBLIC ROADS,

ditches crossing, must be bridged by owner, 178-180, 182, 185,
186, 191.

PUBLIC USE,

See "Eminent Domain.”"

PURPOSE,

of appropriation, 48.

of appropriation may be changed, 69.

determines extent of right acquired, 85.

to which water may be applied by riparian owner, 134.
use of water for irrigation, 143–159.

PURPRESTURE,

at common law, construction of wharves as, 250.

QUIETING TITLE,

to water rights, action for, 74.

Q.

R.

RAIN-FALL.

drainage of, when constitutes a water-course, 66.

RAVINE,

may be used as part of appropriator's ditch, 49.
as channel of natural water-course, 66.

REALTY,

riparian owner's right to flow of stream is part of, 9.

when flowing water is part of, 57.

ditches and canals are, 59.

REASONABLE DILIGENCE,

in completing appropriation, 53.

required by statute in California, 104.

and in Idaho, 108.

and in Washington, 116.

and in Texas, 117.

REASONABLE USE,

of water by riparian owner, 140.

is a question of fact, 140.

for manufacturers, 141.

manner of use must be reasonable, 142.

of water for irrigation, 143–159.

measure of reasonableness, 151.

RECLAMATION,

and sale of desert lands, act of congress for, 119.

of lands under navigable water, 231.

of lands below low-water mark, 254.

RELATION,

doctrine of, applied to inceptive rights of pre-emption claimant,
38-42.

applied to date of appropriation, 55.

REMEDIES,

for injuries to ditches, 71.

for unlawful diversion, 72.

in equity, 78.

for injuries to quality of water, 76.

for damages caused by dams or ditches, 77-84.

for injuries from mining debris, 82.

against injurious effects of hydraulic mining, 83.
for obstruction of navigable stream, 225.

RESERVOIRS,

RIGHT OF WAY,

for ditch companies, over private lands, 178-180, 182-185.
over lands of state, 178, 184-186.

for canals of irrigation district, 199 (sec. 38.)

along navigable rivers, vested in the public, 225.

but not along their banks, 228.

over tide-lands, 243.

of littoral owner, from his land to navigable water, 245–249.
RIPARIAN RIGHTS,

importance of, in Pacific states, 1.

common-law doctrine of, 4-12.

appropriation not recognized at common law, 4.

diversion of stream is unlawful, 7.

owner's right to natural flow of stream, 8.

this right not an appurtenance to estate, 9.
diversion, when permissible at common law, 10.
appropriation for mill purposes, at common law, 11.
origin and basis of the right to appropriate, 12-24.

miners' customs as to, 14, 24.

doctrine of prior appropriation, 15.

legislation of congress as to, 17.

appropriation as against subsequent patentee, 25.
act of congress of 1870, 28.

on public lands of the state, 29.

appropriation confined to public domain, 30.

power of government to annex conditions to grants, 32.
conflicting claims between settlers and appropriators, 33.
of patentee, become vested, when, 34, 35.

under inceptive title are protected, 37.

whether patent relates back to initial steps, 38-42.

under Mexican grant, 43.

how appropriation is effected, 45–55.

nature of the right acquired by appropriation, 57–76.
definition and characteristics of a water-course, 66.

deterioration of quality of water is actionable, 76.

liability of appropriator for damages caused by dams or ditches,
77-84.

injurious effects upon, of hydraulic mining, 83.

successive appropriations, 89-96.

abandonment of, 96-99.

RIPARIAN RIGHTS-Continued.

distinguished from appropriation, 102.
legislation on the subject of, 104-119.

California, 104.

Nevada, 105.

Montana, 106.

Colorado, 107.

Idaho, 108.

North Dakota, 109.

South Dakota, 110.

New Mexico, 111.

Arizona, 112.

Wyoming, 113.

Utah, 114.

Oregon, 115.

Washington, 116.

Texas, 117.

Nebraska. 118.

federal legislation, 119.

abolished in several states and territories, 120.

on private streams of California and Nevada, 122.

common law governs, in California, 124.

how affected by section 1422, Civil Code Cal., 125-127.
under Roman and Mexican law, 128.

in Kern district, 129.

governed by common law of England, 130.

who are riparian owners, 131.

loss of, by adverse user and estoppel, 133.

uses to which the water may be put, 134.

general statement of law of, 134.

legitimate riparian uses, 136.

California decisions on riparian uses, 137.

natural uses, 138.

secondary or artificial uses, 139.

reasonable riparian use, 140.

use for manufacturers, 141.

manner of use must be reasonable, 142.

use of water for irrigation, 143–159.

no right to irrigate non-riparian lands, 147.