The points thus reached of, say, fifteen feet in depth. will be the head-lands of the cove. Connect the headlands by a right line. Divide this line into as many equal parts as there are feet in the shore line between the two points of the cove, the shore line being divided into parts of a foot each. The proprietorship of the land-owners in the inclosed waters is shown by straight lines connecting the corresponding points of division, this rule being based on the assumption that the bisecting lines will reach navigable waters before they intersect.133 In Connecticut, it is laid down that the division of a strip of seashore between adjoining proprietors of land projecting into the sea, whose title-papers fix definitely the division line of the upland, but not of the shore, should be made by a line running from the point of intersection between the division line of the upland and the high water line perpendicularly to the low water line.134 133 Blodgett & Davis Lumber Co. v. Peters, 87 Mich. 498, 49 N. W. Rep. 917. 134 Morris V. Beardsley, 54 Conn. 338, 8 Atl. Rep. 139. (553) INDEX. [THE NUMBERS REFER TO SECTIONS.] A. ABANDONMENT. of appropriation, 96–99. general doctrine of, 96. by invalid sale. 97. by returning the water, 97. by negligence, 97. by adverse user, 98. rights of ditch company lost by, 178, 180, 182, 183. ACCESS TO WATER, littoral owner's right of, 245-249. ACCRETION, right of littoral owner to, 252. ACEQUIAS, statutes of New Mexico concerning, 111. of Arizona, 112. system of, impracticable for California, 164. corporations constructing, in New Mexico, 186. overseers of, in Arizona, 214. ACT OF CONGRESS, concerning appropriation of water, 17. of 1870, is declaratory only, 28. has not sanctioned injurious effects of hydraulic mining, 83. for reclamation and sale of desert lands, 119. granting right of way to ditch companies, 188. regulating wharves on navigable waters, 219. ACTION-Continued. parties to action, 73. pleadings, 73. evidence, 73. damages, 73. in equity, 75. action to quiet title to water, 74. for injury to quality of water, 76. for damages caused by dams or ditches, 77-84. to restrain hydraulic mining, 83. to compel ditch company to furnish water, 195. ADVERSE USER, rights acquired by, 98. easement in use of stream acquired by, 132, 133, 152. See "Irrigation." ALIEN, grant of water right to, not an abandonment thereof, 97. right of littoral owner to, 252. APPLICATION, of water to beneficial use, intention of, is necessary to valid ap- propriation, 48. must be actual, 50. of water, by riparian owner, to useful purposes, 134 et seq. APPROPRIATION OF WATER, not recognized at common law, 4, 21. for mill purposes, 11. origin and basis of the right of, 12-24. early importance of mining interest, 13. mining customs, 14. doctrine of, stated, 15. right of, not at first availing as against government or its grantee, 16. sanctioned by act of congress, 17. limits of the doctrine; the early cases, 18. views of United States supreme court on, 19. APPROPRIATION OF WATER-Continued. on public lands of the state, 29. right of, confined to public lands, 30. relative jurisdiction of state and United States over public lands, power of government to annex conditions to grants, 32. conflicting claims between settlers and appropriators, 33. whether patent relates back to initial steps, 38. riparian rights under Mexican grants, 43. how effected, 45-55. successive appropriations, 45. doctrines which control, 46. methods of effecting, 47. water right may be merely possessory, 47. intent to apply water to beneficial use, 48. for purposes of speculation, 48. for drainage only, 48. must be actual use of water, 50. what acts will accomplish, 51. notice of intent to appropriate, 52. reasonable diligence must be exercised, 53. appropriation, when complete, 54. appropriation relates back to first step, 55. effect of failure to comply with statutory rules, 56. nature of the right acquired by, 55-76. appropriator's right begins at head of his ditch, 57. nature and extent of right depends on purpose of appropria- property in ditches and canals, 59. sale of ditches and water rights, 60. tenancy in common in water rights, 63. right to natural flow of water at head of ditch, 64. what are streams subject to appropriation, 65. |