A Treatise on the Law of Irrigation: Covering All States and Territories

Front Cover
W. H. Courtright Publishing, 1916 - 626 pages
 

Contents

CHAPTER II
19
In GeneralTwo Main Systems of the Irrigation Law 11 Irrigation Codes
22
Alaska
23
Arizona
25
California
29
Colorado
34
Idaho
38
Kansas
42
Montana
43
Nebraska
45
Nevada
48
New Mexico
50
North Dakota
52
Oklahoma
53
Oregon
54
South Dakota
55
Texas
57
The Doctrine in General 30 Scope of Present Chapter 31 General Statement of Doctrine of Riparian Rights 32 In What States in Force 33 Foundation ...
64
Return of Surplus Water to Channel
65
Point of Diversion or Return
66
Change of Point of Diversion
67
Preliminary Statement
68
Appropriation and the English Common
69
Origin of the Doctrine of AppropriationIn Generai
70
The Early Authorities
71
Doctrine of Appropriation a New Doctrine
72
Extension of Doctrine to Irrigation
73
Foundation of Right of Appropriator
74
Power of State of Authorize Appropriation
75
Appropriation Upon the Public Domain of the United States
76
Appropriation Upon State Lands
77
Legislation Relating to Appropriation
78
Constitutionality of Statutes Authorizing Appropriation
79
Appropriation on the Public DomainIn General
80
The Federal Statute of 1866
82
How Existence of Water Rights on Public Domain is Deter mined
83
Relative Rights of Appropriator of Water and Grantee of Land Preliminary
84
Percolating Waters
86
When Rights of Grantee Attach
87
California Doctrine of Percolating Waters
88
Waste or Surplus Water
89
Springs
90
Waters Artificially Developed
91
What Lands Are Within Application of Doctrine 49 Right Limited to Riparian Lands
92
What Lands Are RiparianIn General
94
Land Lying Beyond Watershed
95
Enlargement of Area by Subsequent Acquisition
97
Effect of Sale or Partition of Riparian Land
101
Land Lying Above Level of Stream
102
In GeneralUse Must Be Reasonable 56 What is a Reasonable
103
No Right to Use Entire Flow of Stream
107
Relative Rights of the Several Proprietors
109
Apportionment of Water by Periods
112
Priority as Between Irrigation and Other Uses
113
Underground Streams 93 Percolating Waters
122
Appropriation on Private Land 101 Appropriation on Government Reservations 102 In General V Who May Appropriate Water 103 Appropriation ...
123
Use of Water by Periods 138 Enlargement or Extension of Use 139 Change of Point or Means of Diversion 140 Statutory Provisions Governing Cha...
124
Place of
125
Utah
135
Acquisition of Right of WayIn General
144
Acquisition by Contract of Grant
145
Parol License to Maintain Ditch
146
Acquisition by PrescriptionEstoppel
147
Artesian Wells
169
Water Artificially Developed
170
Navigable Waters
171
Interstate Streams
172
Kansas v Colorado
174
Washington
181
ColoradoIn General
201
Distribution of WaterWater Commissioners
202
State Canals and Reservoirs
203
Idaho
204
Kansas
205
Montana
206
Nebraska
207
Nevada
208
New Mexico
209
North Dakota
210
Oklahoma
211
The Doctrine of Relation
220
The Right Acquired by Appropriation 127 The Doctrine of Priority
221
Priority Between Appropriators Using Water for Different Pur poses
224
Appeal
244
Independent Action
245
Idaho
246
Kansas
247
Montana
248
Nebraska
249
Nevada
250
Right of Condemnation Limited 150 Enlargement of Ditch Already Constructed 151 Condemnation Proceedings 152 Assessment of Damages 153 Ri...
251
North Dakota
252
Oklahoma
253
Oregon
254
South Dakota
255
Texas
256
Utah
257
CHAPTER VI
281
CHAPTER VII
291
Water Right as Real Estate
297
Water Rights as Appurtenances to Land
298
CHAPTER VIII
311
CHAPTER IX
326
Oregon
344
In General
355
Generally
356
Control in Several StatesArizona 200 California
359
Manner of
372
Wyoming
378
Appropriation under Wyoming Statutes
382
CHAPTER XI
384
Action to Quiet Title
390
The Pleadings
391
Determination of Quantity of Water to be Awarded
392
The DecreeCertainty and Definiteness Required
394
Conditional Decree
398
Decree in Suit Determining Riparian Rights 229 Appeals
400
Costs
401
Enforcement and Effect of Decree
402
The Doctrine of Res Judicata
404
Adjudication in the Several StatesArizona 234 California
405
ColoradoStatutory AdjudicationGenerally
407
Nature of Adjudication Proceedings 237 What Priorities May Be Determined
410
Jurisdiction of Courts
413
PartiesPleadings
415
Proceedings Before Referee
416
The Decree
418
Conclusiveness of Decree
420
Wyoming
434
Wyoming
440
CHAPTER XII
445
Pleadings
463
Burden of ProofEvidence
467
Defenses
468
Damages 273 Actions Affecting Interstate Streams
471
Injuries to Ditches and Other Works
472
Pollution of Water
473
CHAPTER XIII
476
Generally
477
Storing Water
479
Liability for Damages Caused by Reservoir
481
CHAPTER XIV
483
Appropriation by Irrigation Companies
493
Condemnation of Water Rights
495
Acquisition of Right of
497
Irrigation Companies as Public Carriers of Water
499
Duty to Furnish Water to Consumers
501
Demand or Tender of Price by Consumer
504
Suit to Compel Delivery of Water
505
Contracts for Water Rights
508
Rates for Furnishing Water
512
Establishment of Water Rates
514
Liability of Company for Failure to Furnish Water
519
Measure of Damages
522
Transfer of Stock in Irrigation Companies
523
CHAPTER XV
525
Generally IRRIGATION DISTRICTS
528
Organization of District 299 Corporate Nature of Irrigation Districts
531
Powers and Duties of Board of Directors
534
Suits by and Against Irrigation Districts
536
Issuance of Bonds
537
Assessments
538
Confirmation Acts
540
CHAPTER XVI
542
The Cary Act of 1894
553
Copyright

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Popular passages

Page 544 - ... 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 152 - All patents granted, or preemption 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 558 - Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this act. shall proceed in conformity with such laws...
Page 554 - 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 - Secretary, may be reasonably required for the support of a family upon the lands in question; also of the charges which shall be made per acre upon the said entries, and upon lands in private ownership which may be irrigated by the waters of the said Irrigation project, and the number of annual installments, not exceeding ten, in which such charges shall be paid and the time when such payments shall commence.
Page 554 - 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 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 558 - That it is hereby declared to be the duty of the Secretary of the Interior in carrying out the provisions of this act, so far as the same may be practicable and subject to the existence of feasible irrigation projects, to expend the major portion of the funds arising from the sale of public lands within each State and Territory hereinbefore named for the benefit of arid and semiarid lands within the limits of such State or Territory...

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