A Treatise on the Law of Irrigation: Including the Law of Water-rights and the Doctrine of Appropriation of Waters, as the Same are Construed and Applied in the States and Territories of the Arid and Semi-humid Regions of the United States; and Also Including the Statutes of the Respective States and Territories, and Decisions of the Courts Relating to Those SubjectsW. H. Lowdermilk, 1894 - 792 strani |
Iz vsebine knjige
Zadetki 1–5 od 83
Stran 59
... plaintiff was prevented from passing along such creek from his residence to his land below , and in the con- verse , it was held that this obstruc- tion was not the subject of private action . case of the shores of tidal rivers . The ...
... plaintiff was prevented from passing along such creek from his residence to his land below , and in the con- verse , it was held that this obstruc- tion was not the subject of private action . case of the shores of tidal rivers . The ...
Stran 61
... plaintiffs have no right . If the whole of the stream had sunk into defendant's soil , and no water remained to pass to plaintiff's land except un- der the surface , it would have ceased to be a water - course , and the plaintiff would ...
... plaintiffs have no right . If the whole of the stream had sunk into defendant's soil , and no water remained to pass to plaintiff's land except un- der the surface , it would have ceased to be a water - course , and the plaintiff would ...
Stran 62
... plaintiff , supplied a small stream of water that ran to the plain- tiff's land ; the water as it came from the spring being sufficient to fill a half - inch pipe , and the flow being constant and nearly uniform , except in very dry ...
... plaintiff , supplied a small stream of water that ran to the plain- tiff's land ; the water as it came from the spring being sufficient to fill a half - inch pipe , and the flow being constant and nearly uniform , except in very dry ...
Stran 63
... plaintiff during the two years preceding the com- mencement of the action , that they had been running for twenty years before that time , then such slough , ditch or channel was for the purposes of the action the channel of a water ...
... plaintiff during the two years preceding the com- mencement of the action , that they had been running for twenty years before that time , then such slough , ditch or channel was for the purposes of the action the channel of a water ...
Stran 65
... plaintiffs ; and it seems that the ditch ran between the tracts conveyed . Upon the question as to whether the ditch was a watercourse to which the plaintiffs 1 Angell on Water Courses sec . 4 ; Shively vs. Hume , 10 Ore . , 76 ; Lux vs ...
... plaintiffs ; and it seems that the ditch ran between the tracts conveyed . Upon the question as to whether the ditch was a watercourse to which the plaintiffs 1 Angell on Water Courses sec . 4 ; Shively vs. Hume , 10 Ore . , 76 ; Lux vs ...
Druge izdaje - Prikaži vse
A Treatise on the Law of Irrigation: Including the Law of Water-Rights and ... Clesson Selwyne Kinney Predogled ni na voljo - 2017 |
A Treatise On the Law of Irrigation: Including the Law of Water-Rights and ... Clesson Selwyne Kinney Predogled ni na voljo - 2022 |
A Treatise on the Law of Irrigation: Including the Law of Water-Rights and ... Clesson Selwyne Kinney Predogled ni na voljo - 2015 |
Pogosti izrazi in povedi
20 Wall acequias Act of Congress actual adverse possession agricultural amount of water applied appro appropriate the water appropriation of water arid region artesian authorities Bear River beneficial purpose Board California cited Colo common law construction corporation Court held court of equity creek damages decisions defendant ditch or canal divert the water doctrine easement eminent domain entitled equity estoppel extent fact filing flume Gould on Waters Government grant injury irri irrigation district Justice lakes ment mining Mont natural channel natural stream navigable necessary ownership parties patent person plaintiff portion prior appropriation prior right priority propriation public domain public lands purpose of irrigation question reasonable reservoir riparian owners riparian proprietor riparian rights river rule Same.-Authorities Section Smith soil Stat statute statutory subsequent appropriators supply Supreme Court Territory thereof tion United Vansickle water flowing water for irrigation water rights water-course
Priljubljeni odlomki
Stran 140 - 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 175 - ... 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 193 - Our Constitution declares a treaty to be the law of the land. It is (consequently to be regarded in courts of justice as equivalent to an Act of the Legislature, whenever it operates of itself without the aid of any legislative provision.
Stran 178 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Stran 92 - He has no property in the water itself, but a simple usufruct while it passes along. < Aqua currit et debet currere
Stran 313 - The common law of England, so far as it is not repugnant to, or inconsistent with, the Constitution of the United States or the Constitution or laws of the State of California, shall be the rule of decision in all the Courts of this State.
Stran 176 - States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Stran 181 - ... six hundred and forty acres to any one person, a patent for the same shall be issued to him. "Provided, that no person shall be permitted to enter more than one tract of land and not to exceed six hundred and forty acres, which shall be in compact form.
Stran 552 - Board of Supervisors, in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all the said costs in case said organization shall not be effected.
Stran 515 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.