Water Rights in the Western States: The Law of Appropriation of Water as Applied Alone in Some Jurisdictions, and as Applied Together with the Common Law in Others. Federal and California Statutes in Full. With Synopsis of Statutes of Arizona, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming and Philippine Islands. Forms

Front Cover
Bancroft-Whitney Company, 1905 - Riparian rights - 619 pages
 

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Contents

Intratocy
111
Apr ieation for permit
112
COD WHAT CAN BE APPROPRIATED A SURFACE WATER 64 Water in a surface watercourse 65 What constitutes a watercourse 66 Navigable ...
113
Prosecution of the work
114
115 Issuance of certiseate of inspeiation
115
Reiation
116
Swamp lands
122
B UNDERGROUND WATER COD C 72 In general 73 Definite underground streams
124
The subflow of a stream 75 Subflow defined
125
Subflow may be appropriated
127
Percolating water
129
Percolating water may be appropriated
130
Underground reservoir
132
Effect of the new rule
134
CHAPTER VI
137
What constitutes a beneficial purpose
154
Motive 98 Evidence of intention
155
Intention alone not enough E DILIGENCE
156
Must be diligence in prosecuting construction work 101 What constitutes diligence
157
Failure to use diligence
158
F COMPLETION OF CONSTRUCTION WORK 103 Completion of work 104 What amounts to completion
159
Mere diversion
161
G RELATING BACK 107 Origin of the doctrine
162
Effect of relation
163
109 Actual application
166
Recapitulation
167
CHAPTER VIII
177
LIMITATIONS ON CHANGE OF PLACE OR PURPOSE 148 What constitutes a proper place or purpose 149 No injury to others 150 Change of p...
178
Conveyanees 122 Appurtenance
182
Parol sale
184
In general
189
Change of means of use 127 Wastefulness
190
se in artificial watercourseDitches flumes ete 129 The ditch etc is an easement
192
Ditch and water right distinguished
193
Water in artificial watercourse is personalty 132 The law of natural waters does not apply to artificial water courses
197
Changes in ditches
199
Repair of ditches 136 Damage from breaking ditches
201
Contracts concerning ditches
203
Change of purpose
219
CHAPTER IX
221
The question of motive
229
Importance in mining regions
231
INJURY TO QUALITY 161 Materiality of injury is the test
234
Examples 163 Mining debris
235
Priority
238
Injunction
242
Actions at
245
Actions to quiet title
246
CHAPTER XII
262
Recapture
264
Parol sale or faulty deed
265
Failure of diligence in construction work
266
190 Nonuser
267
190a Same
269
Discharged waste
270
B FORFEITURE
272
Failure to comply with statute in making an appropriation 193 Smith v Hawkins
274
193a Forfeiture under irrigation codes
276
ADVERSE USE 194 In general
278
No need of statutory appropriation 196 Use of water for a beneficial purpose 197 Continuous for five years 198 Hostile invasion of right of true ow...
279
Open and not clam 200 Chance to prevent
281
201Uninterrupted 202 Payment of taxes 203 Against the United States
282
Conclusion
283
ESTOPPEL 8 205 Estoppel
284
E EMINENT DOMAIN
285
Eminent domain
286
CHAPTER XIII
288
Usufructuary solely 211 May be sold or be the subject of contract
293
B WHAT SUBJECT THERETO 212 In general 213 Underground streams 214 Percolating water under recent decisions
294
LIMITATIONS ON USE OF WATER 215 In general 216 Natural uses 217 Artificial uses
296
Apportioning
298
Cannot be used on nonriparian land 220 Return of surplus 221 Manner of
300
PROTECTION OF THE RIGHT 222 In general 223 Diminution acceleration pollution 224 Form of remedy
301
Pleading E LOSS OF RIGHT 226 No abandonment
302
Adverse
303
Eminent domain
304
Federal Statutes p
309
California Statutes p
316
Scope and Purpose of Statutes p
331
Idaho p
339
Kansas p
346
Nevada p
353
New Mexico p
361
Oklahoma p
367
South Dakota p
373
Washington p
406
California p
413
Idaho p
425
Nebraska p
449
Nevada p
460
North Dakota p
468
Utah p
485
Wyoming p
500
Plat used in Nevada p
515
By natural causes
565

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Page 306 - 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 303 - 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 307 - No right to the use of water for land in private ownership shall be sold for a tract exceeding one hundred and sixty acres to any one landowner, and no such sale shall be made to any landowner unless he be 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 308 - That nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State or 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 306 - 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 308 - 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 semi-arid lands within the limits of such State or Territory...
Page 305 - as used in this act shall be understood to mean that certain act of the Congress of the United States approved June 17, 1902, entitled ' An act appropriating the receipts from the sale and disposal of public lands in •certain States and Territories to the construction of irrigation works for the reclamation of arid lands,' and the acts amendatory thereof and supplemental thereto.
Page 19 - 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...
Page 310 - 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 306 - Act; provided, that in case the receipts from the sale and disposal of public lands other than those realized from the sale and disposal of lands referred to in this section are insufficient to meet the requirements for the support of agricultural colleges...

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