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 IrrigationWest Publishing Company, 1893 - 592 strani |
Iz vsebine knjige
Zadetki 1–5 od 89
Stran 18
... portion of a stream as should give the claimant a prior right against all others , the amount of work which would entitle him to a con- tinued possession and enjoyment , what would constitute an aban- donment , and similar matters . In ...
... portion of a stream as should give the claimant a prior right against all others , the amount of work which would entitle him to a con- tinued possession and enjoyment , what would constitute an aban- donment , and similar matters . In ...
Stran 25
... portion flow , without material interruption or deterioration , in the natural channel of the stream to others be- low him . If the volume of water was not sufficient for all , then those highest up the stream were supplied in ...
... portion flow , without material interruption or deterioration , in the natural channel of the stream to others be- low him . If the volume of water was not sufficient for all , then those highest up the stream were supplied in ...
Stran 27
... portion taken by him from the stream . § 19. Views of the United States supreme court . It may be instructive to compare these early views of the California court with the recent judgments pronounced by the supreme court of the United ...
... portion taken by him from the stream . § 19. Views of the United States supreme court . It may be instructive to compare these early views of the California court with the recent judgments pronounced by the supreme court of the United ...
Stran 29
... portion of the opinion will be quoted in connection with subsequent discussions . In the case of Basey v . Gallagher , ' the same doctrine was applied by the United States supreme court to all other beneficial purposes for which water ...
... portion of the opinion will be quoted in connection with subsequent discussions . In the case of Basey v . Gallagher , ' the same doctrine was applied by the United States supreme court to all other beneficial purposes for which water ...
Stran 41
... portion of the public domain included in a tract of the public land , which was afterwards , and before the statute of 1870 , granted by con- gress to a railroad company . As between this appropriator and a subsequent purchaser from the ...
... portion of the public domain included in a tract of the public land , which was afterwards , and before the statute of 1870 , granted by con- gress to a railroad company . As between this appropriator and a subsequent purchaser from the ...
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Druge izdaje - Prikaži vse
A Treatise on the Law of Water Rights as the Same Is Formulated and Applied ... John Norton Pomeroy Predogled ni na voljo - 2017 |
A Treatise on the Law of Water Rights as the Same Is Formulated and Applied ... John Norton Pomeroy Predogled ni na voljo - 2015 |
Pogosti izrazi in povedi
abandonment acequias acquired action actual adverse possession amount of water apply appro appropriate water appropriated the water appropriator of water Bear River Calaveras river California Canal Civil Code claimant Colo common common-law doctrines construction conveyed court of equity creek damages decisions defendant ditch divert the water easement entitled equity extent flume grant Haggin hydraulic mining injury Kings River lake land bordering legislation Lytle Creek mill miners Mont natural channel natural stream navigable Nevada ownership parties patent person plaintiff portion possession pre-emptor priator prior appropriation prior right priority private riparian proprietors propriation provisions public domain public lands purchase purposes of irrigation quantity question reasonable recognized relate back right to divert rights of riparian riparian owner riparian rights rule running water soil statute subsequent appropriator supreme court territory thereof tion tract of land United water flowing water rights water-course
Priljubljeni odlomki
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.