A Treatise on the Law of Irrigation: Covering All States and TerritoriesW. H. Courtright Publishing, 1916 - 626 pages |
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Other editions - View all
Common terms and phrases
19 Colo 25 Colo abandonment action adjudication adverse Allaman apply appro appropriation of water Ariz Boise City California Canal & Irr City claim claimant Colorado common-law common-law doctrine constitution construction County damages decree determine Dist district Ditch Co doctrine of appropriation doctrine of riparian easement entitled Farmers grant Haggin held Idaho injury irrigating ditch irrigation codes irrigation law Land & Water Larimer & Weld legislature lower proprietor Madera Canal mining Mont natural stream Oregon parties persons plaintiff prescriptive prescriptive period priation prior appropriator priority proceedings public domain public lands quantity of water question reasonable riparian land riparian owner riparian proprietor riparian rights riparian water rights rule Smith South Dakota Stats statute statutory thereof tion Union Mill Utah vested Wash water commissioners water flowing water for irrigation water rights Wyoming
Popular passages
Page 542 - ... all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands and not navigable, shall remain and be held free for the appropriation and use of the public for irrigation, mining, and manufacturing purposes subject to existing rights.
Page 32 - The use of all water now appropriated, or that may hereafter be appropriated for sale, rental or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Page 150 - All patents granted, or pre-emption or homesteads allowed, 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.
Page 552 - An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress approved July second, eighteen hundred and sixty-two...
Page 556 - Interior, in carrying out the provisions of this act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof...
Page 552 - That the Secretary of the Interior is hereby authorized and directed to make examinations and surveys for, and to locate and construct, as herein provided, irrigation works for the storage, diversion, and development of waters, including artesian wells...
Page 136 - Although this power of changing the common law rule as to streams within its dominion undoubtedly belongs to each state, yet two limitations must be recognized : "First, that in the absence of specific authority from Congress a State cannot by its legislation destroy the right of the United States, as the owner of lands bordering on a stream to the continued flow of its waters ; so far at least as may l)e necessary for the beneficial uses of the government property.
Page 67 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct...
Page 37 - That private property shall not be taken or damaged, for public or private use, without just compensation.
Page 33 - Such ordinances or resolutions shall be passed in the month of February of each year, and take effect on the first day of July thereafter. Any board or body failing to pass the necessary ordinances or resolutions fixing...