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 |
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Common terms and phrases
acquired actual diversion applied appro appropriation of water appurtenant arid Bear River beneficial purpose Boise City California doctrine Canal cited Civil Code claimants Claims and Water Colo Colorado common law construction court says decisions diligence ditch doctrine of relation easement flumes grant Haggin held Idaho infra injury irrigation codes Katz Kidd Kinney on Irrigation landowner later law of appropriation law of riparian legislation Long on Irrigation miners Mining Claims Mont Natoma Necochea Nevada notice ownership parol sale percolating water plaintiff Pomeroy on Riparian priation principle prior appropriation priority propriation provisions public domain public land question Reclamation Dist recognized riparian owner riparian proprietors riparian rights rule Santa Santa Paula settlers Smith South Dakota Stats statutes sub-flow supra supreme court tion United Utah vested Vineland Walkinshaw water right Wyoming
Popular passages
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...