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

Sampul Depan
West Publishing Company, 1893 - 592 halaman
 

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Public lands of the state
44
THE RIGHT RESTRICTED TO THE PUBLIC DOMAIN 30 Appropriation confined to public lands
45
Jurisdiction of state and United States distinguished 32 Power of government to annex conditions to grants
48
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
CHAPTER V
92
This system as a whole
99
Same action for unlawful diversion
128
Same action to quiet title
132
Equitable jurisdiction
136
Deterioration of quality of water
138
Secondary uses
139
LIABILITY FOR DAMAGES CAUSED BY DITCHES 77 Various kinds of injuries 78 Damages caused by breaking or overflow
140
Proper measure of care required
142
Defects of the system
186
Colorado
201
Idaho
204
North Dakota
206
South Dakota 111 New Mexico
208
Arizona
209
Wyoming
211
Utab 115 Oregon
213
Washington
215
Texas
217
Nebraska 119 Federal legislation
218
THE EFFECT OF THIS LEGISLATION 120 Riparian rights abolished
221
Rivers as boundaries between states
223
Two distinct systems
224
Public right of navigation
225
CHAPTER VII
226
USES TO WHICH THE WATER MAY BE PUT 134 General statement of riparian rightsVan Sickle v
257

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Halaman 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...
Halaman 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...
Halaman 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.
Halaman 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...
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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.
Halaman 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...
Halaman 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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