Elements of Western Water LawTechnical Publishing Company, 1912 - 150 pages |
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Common terms and phrases
acres act of March adjudication adopted allowed application to beneficial approved Arkansas River bonds California California Supreme Court canal Carey act charge claim claimant Colorado common law construction decided desert land desert land act determination ditch diversion diverts water division doctrine of appropriation doctrine of prior doctrine of riparian engineer enjoin enterprises entitled existing filed fixed flood waters flow granted Haggin held Idaho intended interest irri irrigation company irrigation district act Kansas legislation regarding limited Madera Canal ment Montana Nebraska necessary Nevada nonuser notice Oregon overlying percolating waters plaintiff prior appropriation projects proof public lands purposes question reasonable Reclamation Act regulations reservoir riparian doctrine riparian land riparian owner riparian rights River rule Secretary segregation South Dakota statute struction Supreme Court thereof thereto tion total area tract Utah water commissioner Water Company water power water rights western Wyoming
Popular passages
Page 21 - ... 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 125 - No right to the use of water for land in private ownership shall be sold for a tract exceeding 160 acres to any one landowner, and no such sale shall be made to any landowner unless he bo an actual bona fide resident on such land, or occupant thereof residing in the neighborhood of said land, and no such right shall permanently attach until all payments therefor are made.
Page 3 - 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 3 - 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 ; and the right of way for the construction of ditches and canals for the purposes aforesaid is hereby acknowledged and confirmed...
Page 89 - But it is useless to pursue the inquiry further in this direction. It is enough for the purposes of this case that each state has full jurisdiction over the lands within its borders, including the beds of streams and other waters.
Page 97 - Provided, that no such right of way shall be so located as to interfere with the proper occupation by the government of any such reservation, and all maps of location shall be subject to the approval of the department of the government having jurisdiction of such reservation, and the privilege herein granted shall not be construed to interfere with the control of water for irrigation and other purposes under authority of the respective states or territories.
Page 2 - State governments; and with the exception of certain State regulations, very limited in their character, a system has been permitted to grow up by the voluntary action and assent of the population, whose free and unrestrained occupation of the mineral region has been tacitly assented to by the one government and heartily encouraged by the expressed legislative policy of the other.
Page 13 - the right of the riparian proprietor to the flow of the stream is inseparably annexed to the soil, and passes with it, not as an easement or appurtenance, but as part and parcel of it.
Page 39 - There must be a stream usually flowing in a particular direction, though it need not flow continually. It may sometimes be dry. It must flow in a definite channel, having a bed, sides, or banks, and usually discharge Itself into some other stream or body of water. It must be something more than a mere surface drainage over the entire face of a tract of land, occasioned by unusual freshets or other extraordinary causes.
Page 126 - That the right to the use of water acquired under the provisions of this act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.