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 IrrigationWest Publishing Company, 1893 - 592 стор. |
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A Treatise on the Law of Water Rights as the Same Is Formulated and Applied ... John Norton Pomeroy Попередній перегляд недоступний - 2015 |
Загальні терміни та фрази
acequias acquired adverse possession amount of water applied appro appropriation of water assessment authority banks benefit Calaveras river California Civil Code claim claimant Colo common law common-law doctrines constitution construction corporation court of equity creek damages decisions defendant ditch or canal divert the water easement effect eminent domain entitled exclusive extent flume grant held hydraulic mining injury irrigation districts jury legislation legislature Lytle Creek mill mining natural channel natural flow natural stream navigable waters necessary Nevada Oreg ownership parties patent person plaintiff portion prietor prior appropriation private riparian proprietors propriation public lands public streams purposes of irrigation quantity question reasonable regulate rights of riparian riparian owner riparian rights river rule slough soil statute subsequent appropriator supreme court territory thereof tion tract of land United usufruct vested water flowing water rights water-course
Популярні уривки
Сторінка 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...
Сторінка 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...
Сторінка 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.
Сторінка 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...
Сторінка 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.
Сторінка 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.
Сторінка 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.
Сторінка 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.
Сторінка 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...
Сторінка 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.