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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The act of 1870 is declaratory only
42
Public lands of the state
44
THE RIGHT RESTRICTED TO THE PUBLIC DOMAIN 30 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
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
When appropriation is complete
86
Appropriation relates back to first step
87
Effect of failure to comply with statutory rules
89
CHAPTER V
92
Appropriators right begins at head of his ditch
93
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

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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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