ters, and the introduction of section numbers and appropriate head-lines, he has been scrupulous to preserve intact both the language and the arrangement of Professor POMEROY, making only such slight changes in phraseology as were rendered necessary by the altered form of publication. All the later authorities have been carefully collated, and their views and resultsas also a considerable number of cases not cited by the author -have been incorporated in the work in one form or another. The general plan has been to make these interpolations in the way of additional foot-notes. But it was found that several topics of great importance were first broached by the later cases, and that points which were but imperfectly developed when the original articles were prepared had been clarified or enlarged upon. It then became necessary for the editor to write new sections; and these, being inserted in their proper connection, have added considerably to the bulk of the work. But in every instance of a new foot-note or a new section, the editor's material is to be distinguished from that of the author by the fact that it is inclosed in brackets. With a view to further facility in the use of the book, an index and a table of cases are added. H. C. B. 16. Appropriation not at first availing as against the government. 17. The act of congress of 1866. 18. Limits of the doctrine of appropriation-The early cases. 21. Doctrine of appropriation unknown to the common law. 22. Basis of right to appropriate water. 25. Title of subsequent grantee is subject to prior appropriation. III. THE RIGHT RESTRICTED TO THE PUBLIC DOMAIN. 30. Appropriation confined to public lands. When title from United States is perfected. 35. When patentee's riparian rights vest 36. Review of the authorities on this point. 37. Riparian rights protected. 38. Doctrine of relation applied to patentees. 46. The methods by which an appropriation is effected. 47. Intent to apply water to beneficial use. 48. There must be actual diversion. 49. There must be actual use of water. 50. Physical acts constituting appropriation. 51. Notice of intent to appropriate. 52. Reasonable diligence in completion of works. I. NATURE OF THE RIGHT ACQUIRED. § 55. Appropriator's right begins at head of his ditch. 56. Nature and extent of right depends on purpose of appropriation. 57. Property in ditches and canals. 58. Sale of ditches and water-rights. Definition and characteristics of a water-course. 63. Percolating and subterraneous waters. 64. Right to exclusive use of water. |
