A Treatise on the Law of Irrigation and Water Rights and the Arid Region Doctrine of Appropriation of Waters as the Same is in Force in the States of the Arid and Semi-arid Regions of the United States: And Also Including an Abstract of the Statutes of the Respective States, and the Decisions of the Courts Relating to Those Subjects, Količina 3

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Bender-Moss Company, 1912 - 4558 strani
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VOLUME
2195
contains Secs 1626 Volume II Secs 6271211 Volume III Secs 12121704 Volume IV Secs 17032129
2196
Conditions leading to treaty of May 21 1906 governing the division
2203
INTERSTATE CONTROL 12211234
2210
Rights of appropriatorsAdjoining States are not affected
2216
SECTIONS PAGES 1226 Rights of riparian owners in the respective States are not affected by State lines
2219
Effect of the conflict of laws of interstate streams
2220
The appropriation of the waters in one State for use in anotherIn terstate streams
2222
Relation between corporation or its officers and the shareholders
2662
Shares of stock in mutual corporations represent water rights
2663
Rights represented by shares of stock as appurtenances
2666
The sale and transfer of shares in mutual corporations
2669
Duties and liabilities of such a company
2671
Rights of stockholders
2673
Power of corporation to make rules and regulations
2674
Power of mutual water corporations to levy and enforce assess ments
2675

The appropriation of waters in one State for use in anotherState streams
2223
The division of interstate waters involves no question of inter national law
2225
Late statutes relating to interstate waters
2226
THE NATURE EXTENT AND CHARACTER OF RIGHTS ACQUIRED
2227
Jurisdiction of courtsOriginal jurisdiction of the Supreme Court of the United States
2228
Jurisdiction of courtsFederal and State
2230
THE NATIONAL RECLAMATION ACT 12351286
2232
Scope of chapter
2233
THE NATURE AND CHARACTER OF A WATER
2234
Conditions leading to its enactment
2235
Conditions leading to its enactmentPresident Roosevelts message to Congress
2237
The operation as compared to that of the Carey law from the stand point of the State and private enterprises
2240
point of the settler
2241
Criticism of the ActThe opinion of Elwood Mead
2245
The Act is constitutionalDoubts expressed in KansasColorado case
2246
The Act is constitutionalDecisions and conclusion
2248
The full text of the National Reclamation Act of June 17 1902
2250
ECONOMIC QUESTIONS RELATING TO IRRIGATION AND WATERS
2255
Acts amendatory Military reservationsAct of June 9 1906
2262
Acts amendatory to the National Reclamation ActThe use of materials from the public laudsAct of February 8 1905
2263
the sale of material usedAct of March 3 1905
2264
SECTIONS PAGES 1252 Acts amendatory to the National Reclamation ActRelating to sub divisionsThe farm unitAct of June 27 1906
2268
ert land entriesAct of June 27 1906
2270
ACQUISITION AND DISPOSAL OF LANDS AND WATERS BY
2272
New Mexico and ArizonaPrice fixed for landsReservations
2273
Acts amendatory to the National Reclamation ActThe Reclama tion Fund Act of June 25 1910 as amended February 18 1911
2274
Acts amendatoryLeaves of absence granted whenAct of June 25 1910
2277
Acts amendatoryThe sale of lands acquired under the provisions of the Act when not needed for its purposesAct of February
2278
Acts amendatoryThe Government may contract for impounding storing and carriage of water and to cooperate with other projectsAct of February 21...
2279
Acts amendatoryAct authorizing the Secretary of the Interior to withdraw public noticesAct of February 13 1911
2281
The withdrawal and restoration of lands for the purposes of the Act
2282
Reservation of rights of way for Government use
2286
The acquisition of rights of way for Government use
2288
Water rightsAcquisition of by the Government for its projects
2290
Duty of the Secretary of the Interior to construct the works Contracts
2292
Title and management of reclamation works
2295
Disposition of property not needed for a timeLeases
2298
Entries allowed only under the homestead law
2299
Opening of land to entryEntries to be made under the homestead law
2301
ContestsCancellation of entrics
2302
Final proof on entries
2304
Action on final proof
2307
Water rightsFor lands in private and corporate ownership
2308
Water rightsApplications for same
2310
Water rightsCharges fór sa meCancellation of water right
2313
Water rightsAs appurtenances
2317
Appeals from the action of field officers in the Reclamation Service
2318
Water users associationsObjects
2319
Water users associationsOrganization
2320
Water users associationsArt cles of incorporation
2321
Water users associations Bylaws
2324
SECTIONS PAGES 1285 Water users associationsContract with the Government
2333
RIGHTS TO WATER AS BETWEEN APPROPRI
2334
Water users associationsAnd our conclusions
2337
THE DESERT LAND ACTS 12871311
2340
the General Land Office 1911
2342
Full text of ActsActs of March 3 1877 March 3 1891
2343
Amendatory Act of June 27 1906Delay caused by reclamation projects
2347
Amendatory Act of March 26 1908 relative to additional entries
2349
Amendatory Act of March 28 1908 restricting entries to the pub lic surveys
2351
Relative to entries on coal landsActs of March 3 1909 and June 22 1910
2352
APPROPRIATION AS AGAINST RIPARIAN
2353
The application for entry
2354
Quantity of land that may be enteredLand must be in compact form
2357
Essentials for acquiring land under the Desert Land Laws
2358
EssentialsCitizenship
2359
EssentialsThe land must be desert land
2360
EssentialsThe entryman must acquire a water right
2362
EssentialsActs tending toward reclamationAnnual proof
2363
EssentialsActual reclamation necessaryFinal proof
2366
EssentialsFinal proof when and how taken
2369
EssentialsPayment for the land
2371
The sale or assignment of desert land entries
2373
Contests
2377
Relinquishments
2378
The Dry Farm ActConstruction of the Act
2382
THE CAREY LAW 13121336
2384
Scope of chapter
2385
1314 Cause of the enactment of the arey Act
2387
Full text of Act of August 18 1894
2388
SECTIONS PAGES
2390
Particular features of the Acts and their operation
2396
Acceptance of the grant made by the Carey Act by the States
2405
MEANS OF THE USE AND CHARACTER OF
2408
Proceedings under State lawsThe entry and settlement of
2412
Proceedings under State lawsRights of way for canals and other
2418
THE LAWS OF STATE CONTROL 13371367
2420
General statutory declarations preliminary to the laws of State con
2425
SECTIONS PAGES 1341 Power of the legislature to regulate the use of waterPolice power
2428
Governing boardsPowers and duties of
2430
The State engineerDuties of
2434
The State engineerPower and authority of
2441
Division engineers and division superintendents
2443
Water commissionersWater mastersUnder assistantsSuper visors
2444
The determination of existing rights
2447
Proceedings to appropriateEffect of application for permit NoticeRelation
2448
Proceedings to appropriateApplication for permit
2449
Proceedings to appropriateAction to be taken upon application State engineer must approve or reject
2452
Proceedings to appropriatePermit and effect of
2453
Proceedings to appropriateConstruction of works
2454
Forfeiture of rights and cancellation of permit
2456
Proceedings to appropriateCertificate of appropriation
2457
RESERVOIR AND STORAGE RIGHTS 837 846
2458
Appropriation by actual diversion and use as affected by the laws of State control
2460
Relation as applied to laws of State control
2462
Officers under State control have only ministerial administrative or judicial powers
2463
Effect of decisions of administrative officers Not binding upon the courts
2464
State control officers may be sued in their official ca pacity
2465
Annual State license tax
2466
Place of diversion how changedPlace of use how changed
2467
Statutes for prorating in times of scarcity
2468
Vested rights can not be impaired by procedure under the laws of State control
2470
STATE CONTROL OF WATER RATES 13681385
2473
Excessive water rates and their effect
2474
The general right to fix water rates comes within the police powers of a State under the common law
2475
The history of the regulation of water ratesStates have full con
2478
statutory provisions
2479
Constitutional provisions relative to water rates
2481
Power of the legislature to provide for the regulation of water ratesConstitutional limitations
2484
Statutes providing how rates shall be fixed
2487
Powers and duties of boards to fix rates
2489
Proceedings must be had before the board before the courts will interfere
2491
The determination as to what are reasonable rates
2495
The nature and effect of decisions by boards fixing ratesJudicial interference
2496
Right of companies to contract where rates are not fixed by law
2499
Power of legislature to regulate water ratesImpairment of con tracts
2502
Contracts for discriminatory rates
2505
Charges of royalty or bonus not permitted
2507
Terms of payment
2508
STATE IRRIGATION DISTRICT LAWS 13861432
2509
CHAPTER 70
2510
The general results of district laws
2512
Some beneficial features of district laws
2515
History of district lawsStates adoptingCalifornia
2518
History of district lawsColorado
2520
History of district lawsIdaho
2521
History of district lawsNebraska
2522
History of district lawsNevada
2523
History of district lawsSouth Dakota
2524
History of district lawsWashington
2525
History of district lawsWyoming
2526
Constitutionality of irrigation district Acts
2529
Constitutionality of ActsPoints upon which held constitutional
2533
Constitutionality of ActsJurisdictionFederal questions
2539
SECTIONS PAGES 1408 Organization of district can not be collaterally attacked
2540
A district can not plead illegality of its own organization
2542
ProceedingsExamination by State engineer
2545
ProceedingsHearing on petitionSettlement of boundaries of district
2546
ProceedingsThe election on organization
2549
ProceedingsDuties and powers of boards of directors
2552
ProceedingsThe issuance of bonds
2555
ProceedingsThe sale of bonds
2558
ProceedingsThe payment of bonds
2559
ProceedingsConfirmation of bonds and organization of district
2560
Proceedings for confirmationEffect of judgment
2563
ProceedingsGeneral annual assessments
2566
ProceedingsSpecial assessments
2569
ProceedingsConstruction of works
2570
ProceedingsPayment for claims for construction
2571
ProceedingsConstruction of works across the property of others
2572
ProceedingsCompensation of officersBoard not to be interested in contracts
2573
ProceedingsGoverning the use of water
2574
ProceedingsChange of boundariesInclusion of lands
2576
ProceedingsChange of boundariesExclusion of lands
2577
ProceedingsDissolution of districts
2579
Chapter 71 CONTROL BY MUNICIPAL CORPORATIONS 14331448
2582
General power of municipal corporation to own and control its own water rights and plants
2583
The appropriation of water by municipal corporations
2584
Purchase of water rights and water works by municipal corporations
2587
Acquisition of water rights and water works by condemnation
2590
Appropriations by others than the municipality for municipal pur poses
2593
The alienation of its water rights by a municipality
2597
Construction of franchises granted to companies to furnish water to municipalities
2599
SECTIONS PAGES 1443 Duty to furnish water to the inhabitants of municipalities
2601
Right to fix water rates by city ordinances in the absence of con tract
2602
The power of a municipality to fix water rates by contract with a water company
2604
Ordinances fixing water rates affecting existing contracts
2605
Regulations and control of irrigation ditches within a municipal ityWhere owned by municipality
2607
ityWhere owned by other parties
2608
PART VI
2611
Public use and public service distinguished
2613
Classification of companies
2614
CHAPTER 73
2616
Tenants in commonRights as between each other
2619
Tenants in commonRight of partition
2622
Tenants in commonRights as against third parties
2624
Mutual water associationsVoluntary associations
2625
Partnerships
2626
Analogous to mining partnerships
2630
Right of majority in interest to control
2631
Authority of individual members
2632
ORGANIZATION AND POWERS OF CORPORA
2634
1465 Objects of incorporating
2635
Organization of water corporations
2636
actment
2638
General powers of water corporations
2640
The purposes of a corporation must be determined from its articles
2642
Power of acquiring water rights by appropriation
2645
Power of acquiring water rights by purchasePrescription
2647
Power of acquiring water rights by condemnation
2648
Power of acquiring water rights by purchase of other entire sys tems and rights
2649
Acquisition of rights of wayPurchasePrescriptionCondemna tion
2650
Relation to consumersWhere the company is deemed merely the carrierColorado rule
2652
Relation to consumersWhere the company is deemed the appro priator and owner of the rights
2653
The exemption from taxation
2657
CHAPTER 75
2659
Title to water rights
2661
CHAPTER 76
2679
Right to organize for the purpose of profit
2681
Corporations for profitPublic service or quasipublic corporations
2682
Public serviceCharges which may be made
2686
Power of State to regulateAt common law
2688
Power of State to regulateBy constitutional provisionsBy leg islative enactment
2689
SECTIONS PAGES 1497 State regulationsDuty to furnish water
2690
Duty to furnish water without unreasonable conditions
2694
Duty to furnish waterWithout discrimination or preference
2697
Duty to furnish waterOrder of priority
2698
Duty to have adequate works and to keep them in repair
2699
Duty to furnish waterOrder of priorityRule as to prorating in times of scarcity
2700
Power to make rules and regulations for furnishing water
2702
Rules governing the collection of water rates
2705
trol 2425
2706
Duty to furnish waterCompulsory service
2708
MUTUA WATER CORPORATIONS 14791489
2711
State regulationsFor protection of rights of company
2712
CONTRACTS RELATING TO WATER RIGHTS 917 926
2715
Contracts bad as against statute or public policy
2718
ContractsForm and execution
2721
ContractsConstruction
2723
The extent of rights conferred by contracts
2727
Extent of rightsContracts that run with the land
2728
Contracts to turn control of companies over to the consumers General scheme and results
2730
Contracts to turn control over to consumersThe enforcement of such contracts
2732
Contracts to turn control over to consumersLiability of contracts for the sale of excess rights
2734
Performance of contracts
2735
ContractsThe enforcement of performance
2736
Recovery on contracts for water furnished
2740
Recovery on contracts for water furnished where a lien on the land
2741
Reformation of contracts
2743
The cancellation or annulment of contract
2745
Breach of contracts
2746
Breach of contractsAct of God as excuse for failure to perform
2747
Breach of contractsForfeiture of rights
2748
Breach of contractsDamages
2751
PART XIII
2753
SECTIONS PAGES 1530 Scope of part and chapter
2754
The general power of courts to adjudicate water rights
2755
The jurisdiction of courtsDefinitionVenue
2758
The nature of the actionSuit to quiet title
2762
Action to quiet title
2763
Actions to quiet title and injunctions in the same suits
2766
Actions to quiet title and damages in the same suits
2767
Actions to apportion the use of water among riparian proprietors
2768
Actions to apportion subterranean waters among the owners of the lands under which they flow
2769
Actions to determine the rights as between appropriators and ripa rian owners
2770
RIGHTS OF WAY OVER PUBLIC DOMAIN 927 971
2771
Parties to action to adjudicate rightsThe right of strangers not before the court
2772
Parties to actions to adjudicate rights Where there are several on the same source of supply
2774
Who may bring the actionParties plaintiff
2778
Parties defendantRight to affirmative relief
2780
Parties to actionsIntervenors
2783
PleadingsComplaint or bill in actions to quiet title by riparian owners
2788
PleadingsComplaint or bill in actions to quiet title to ditch or canal
2791
PleadingsThe replication or reply
2795
PleadingsWhere the claim to the right is made by prescription
2796
Practice and procedureSubmission of questions of fact to a jury
2799
Proof of claimsBurden of proof
2802
Proof necessary to establish a right by prescriptionBurden of proof
2806
The findings of fact and conclusions of law
2808
The decrees and judgmentsOn rights by appropriation
2810
of water
2814
SECTIONS
2821
Decrees and judgmentsIn actions to quiet title to ditches and ca nals
2824
Decrees and judgments Apportioning the subterranean waters among the owners of the land
2825
Decrees and judgmentsFor costs
2826
The decrees and judgmentsAs res judicataRights by appropria tion etc
2828
The decrees and judgmentsAs res judicataAs to riparian rights
2832
Appeal from judgments and decrees
2833
The enforcement of judgments and decrees
2838
THE ADJUDICATION OF WATER RIGHTS IN EQUITY 15301566
2841
The nature of such statutory actions
2844
The constitutionality of Acts
2846
The jurisdiction of courtsVenue
2847
The jurisdiction of courtsSubjectmatter and parties
2849
Parties to such actions
2852
The pleadings or statements of claims
2854
The process or notice of pending actions
2857
The proceedings on the hearingReferees
2860
The form and substance of decrees 2361
2861
Decrees as to inchoate rights
2864
Construction and effect of decree 2966
2866
The review and modification of decreesOn petition of parties to the action
2868
Modification of decreesOn independent action by those not parties to the action
2870
Appeals from judgments and decrees
2873
The decree as res judicata
2876
The enforcement of decrees and judgments
2880
CHAPTER 80
2883
DETERMINATION OF WATER RIGIITS
2884
ProcedureThe filing of statements of claims
2889
ProcedureThe hearing by the board
2890
ProcedureThe awardCertificates
2892
Review of decisions of boards by the courtsAppeal
2894
Jurisdiction of courts in cases not submitted to board
2896
Conclusiveness of the determination or award by the board
2897
The enforcement awards by board
2898
Criticism of system for determination by boards
2899
BOARDS 15851595
2902
PROTECTION OF RIGHTS BY INJUNCTION 15961647
2904
Scope of chapter
2905
Actionable injury to a right
2906
Action for both injunction and the adjudication of rights
2907
Action for both injunction and damages
2909
InjunctionsIn generalEssentials
2911
InjunctionsMust be the existence of the right in the party claim ing relief
2913
InjunctionsThere must be an irreparable injury to the right
2914
InjunctionsThe injury must be actual continuing or threatened
2918
InjunctionsThere must be no adequate remedy at law
2919
InjunctionsThere must have been no laches in the bringing of the action
2921
Injunctions where no actual damages are shown
2922
Restraining orders or preliminary injunctions
2925
Mandatory injunctions
2928
Injunctions in the alternative or conditional
2930
An appropriators right to an injunction for unlawful diversion or diminution of quantity
2931
Riparian owners right to injunction for diminution of quantity
2937
A riparian owners right without use to injunction against diversion for useThe California cases
2938
for use The more modern rule
2942
A riparian owner with use has a right to injunction for unlawful diversion
2946
Riparian owners right to protection for future use
2949
Injunctions against unlawful diversion of subterranean waters
2950
Right of riparian owner to an injunction against negligent loggiug
2954
Injunctions against the interference with easements
2955
Injunctions against the interference with ditches and other works
2957
Injunctions relating to reservoir rights
2960
SECTIONS PAGES 1622 Injunctions for trespass on land
2964
Injurctions against the flooding of lands from ditches or other works
2966
Injunctions against the turning of surface water upon the land of others
2968
Injunctions protecting the navigable capacity of waters
2970
Injunctions as between ditch companies and their stockhollers or consumers
2971
Injunctions against the violation of contracts
2973
Injunctions to protect decreed rights
2974
InjunctionsJurisdiction of courtsVenue
2975
InjunctionsJurisdiction of courtsPerson and subject matter
2978
InjunctionsParties plaintiff
2979
InjunctionsParties defendant
2983
PleadingsComplaint petition or bill
2985
PleadingsAnswerDefenses
2990
RIGHTS ACQUIRED BY PRESCRIPTION 10331058
2994
PleadingsDefensesCrosscomplaint or crossbill
2996
PleadingsThe replyAnswer to crosscomplaint
2998
PleadingsIntervention
2999
Practice in actions brought for injunction
3001
ProofBurden of proof
3003
Findings of fact and conclusions of law
3007
The decree and judgment
3008
Decree and judgmentThe balance of convenienceAuthorities against
3011
Decree and judgmentThe balance of convenienceAuthorities in favor of
3014
Decree and judgmentEffect of
3016
Decree and judgmentEnforcement of Violation of
3018
Appeals in injunction cases
3021
PROTECTION BY MISCELLANEOUS ACTIONS 16481659
3023
Actions on contracts to protect rightsSpecific performance
3030
Actions for writ of prohibition
3033
Actions for certiorari or review 303 5
3035
Actions in quo warranto
3037
Actions in ejectment
3039
Actions for receivers
3041
The enforcement of the criminal statutes
3043
SECTIONS PAGES 1658 Protection of rights by physical force
3046
Protection by various actions previously discussed
3049
ACTIONS FOR DAMAGES 16601704
3052
VOLUME FOUR PART XIV
3053
Damages to prior appropriator for unlawful diversion
3054
Damages to riparian owners for unlawful diversion
3056
SPECIAL FEATURES AND STATUTORY LAWS OF THE ARID AND SEMIARID STATES Chapter 84 ALASKA 17051710
3057
Damages to riparian owners for diversion as against other owners
3058
ators
3060
Damages for the unlawful diversion of subterranean waters
3063
Damages for the failure to furnish water under duty imposed by law
3065
Damages for breach of contract to furnish water
3066
Damages caused by the breakage of works
3069
Liability for negligenceDamages from reservoirs
3073
Liability fixed by statuteDamages caused by the breakage of works
3077
Liability for negligenceDamages from ditches and canals
3079
Injuries from ditches and canalsActions for damages lie when
3083
Damages for flooding lands from overflow and leakage from works
3085
Damages from seepage of water
3088
ECONOMIC QUESTIONS AND METHODS 139
3090
Damages for flooding lands by the interference with the flow of sur face waters
3092
Damages for injuries to ditches or other works
3096
Damages from logging
3098
Actions on bonds for damages
3099
Damages for using force
3100
Jurisdiction of courtsVenue
3101
PartiesPlaintiff
3102
Parties defendantJoint or several tort feasors
3105
PleadingsComplaint
3108
PleadingsAnswerCrosscomplaint
3111
PleadingsDefensesActs of the plaintiff and contributory negli gence
3113
PleadingsDefensesGrant or contract
3116
PleadingsDefensesLimitation of actions and prescriptions
3117
Act of God or inevitable accident as a defense for injuries to property
3118
Act of God as a defense for failure to deliver water under duty or contract
3122
SECTIONS PAGES 1693 EvidenceBurden of proof
3124
Instructions to the jury
3128
VerdictNonsuit
3129
JudgmentsMeasure of damages
3130
Compensatory damagesMeasure of damages for injuries to lands
3131
Compensatory damagesMeasure of damages for injuries to crops
3135
HAWAII 180 51816
3136
IDAHO 18171843
3140
WASHINGTON 20762096
3141
Compensatory damagesMeasure of damages for loss of power
3142
Exemplary or punitive damages
3143
Nominal damage
3145

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