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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

IRRIGATION

By JOHN NORTON POMEROY, LL. D.

Author of works on Constitutional and International Law, Equity Juris

prudence, etc.

BEING A REVISED AND ENLARGED EDITION OF "POMEROY
ON RIPARIAN RIGHTS,” WITH SEVERAL

ADDITIONAL CHAPTERS

By HENRY CAMPBELL BLACK, M. A.
Author of "Black's Law Dictionary,” and of treatises on Judgments, Tax

Titles, Intoxicating Liquors, Constitutional Probibitions, etc.

ST. PAUL, Minn.
WEST PUBLISHING CO.

LIBRARY OF THE
LELAND STANFORD JR. UNIVERSITY.

a 40734

COPYRIGHT, 1887

BY

WEST PUBLISHING COMPANY

COPYRIGHT, 1898..

WEST PUBLISHING COMPANY

-

DURING the six years which have elapsed since the publication of the first edition of this work, numerous important decisions have been rendered by the courts in the several Pacific states on the subject of "Water Rights” or some of its branches. Further, most of these communities have recently adopted statutory measures looking to the promotion and regulation of irrigation,—now the most vital question with which they have to deal, which are as detailed in their provisions as they are novel in the history of legislation. In view of these facts, it seemed desirable to subject this book to a thorough revision, at the same time enlarging its scope to a degree corresponding with the recent developments of the subject, with the idea of making it a complete and exhaustive treatise on the general topic of "Water Rights," for use in the Pacific, north- western, and southwestern states. To this end, the editor has carefully revised the work page by page, incorporating the results of the later decisions, together with some few cases not previously referred to. He has also added five supplementary chapters. These chapters deal with the subjects of "Irrigation and ditch companies," "Irrigation districts,” “State supervision of distribution and use of water," “Riparian rights on navigable streams," and "Littoral rights." They will be found to contain full synopses of the statutes, as well as a detailed examination of the applicable anthorities; and it is hoped that the inclusion of them will add considerably to the practical usefulness of the book. As the title "Riparian Rights" would no longer be accurately descriptive of the work in its enlarged form, it has been discarded, and the title "Water Rights" substi. tuted.

H. C. B. Washington, D. C., June 1, 1893. LAW W. R.

(iii)*

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