A Treatise on the Law of Irrigation: Including the Law of Water-rights and the Doctrine of Appropriation of Waters, as the Same are Construed and Applied in the States and Territories of the Arid and Semi-humid Regions of the United States; and Also Including the Statutes of the Respective States and Territories, and Decisions of the Courts Relating to Those SubjectsW. H. Lowdermilk, 1894 - 792 pages |
From inside the book
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Page i
... DECISIONS OF THE COURTS RELATING TO THOSE SUBJECTS . BY CLESSON S. KINNEY , OF THE SALT LAKE CITY BAR . WASHINGTON , D. C. W. H. LOWDERMILK & CO . , LAW PUBLISHERS AND BOOKSELLERS , 1894 . LIBRARY OF THE LELAND STANFORD JR . UNIVERSITY ...
... DECISIONS OF THE COURTS RELATING TO THOSE SUBJECTS . BY CLESSON S. KINNEY , OF THE SALT LAKE CITY BAR . WASHINGTON , D. C. W. H. LOWDERMILK & CO . , LAW PUBLISHERS AND BOOKSELLERS , 1894 . LIBRARY OF THE LELAND STANFORD JR . UNIVERSITY ...
Page v
... decisions and statutory law upon the subject has been evolved which governs the subject of waters in the Arid Region . Part One of this volume is devoted to a general discus- sion of the nature and history of irrigation and the general ...
... decisions and statutory law upon the subject has been evolved which governs the subject of waters in the Arid Region . Part One of this volume is devoted to a general discus- sion of the nature and history of irrigation and the general ...
Page 38
... decisions of the board can have recourse to the courts . But especially of late years , when every year the area of land for which water is needed is increasing and the supply is constantly diminishing , it has been the policy of ...
... decisions of the board can have recourse to the courts . But especially of late years , when every year the area of land for which water is needed is increasing and the supply is constantly diminishing , it has been the policy of ...
Page 54
... decisions that the navigable rivers of the United States are such as are actually navigable in fact , and which by themselves or their connec- tion with other waters form a continuous channel for com- merce with foreign countries or ...
... decisions that the navigable rivers of the United States are such as are actually navigable in fact , and which by themselves or their connec- tion with other waters form a continuous channel for com- merce with foreign countries or ...
Page 81
... decisions hold that the common law rule does not apply ; the rule , even as to such rivers as the. vessels ; the public have only the right of navigation . The title of the bed of the river , lake or sound in such case , and all special ...
... decisions hold that the common law rule does not apply ; the rule , even as to such rivers as the. vessels ; the public have only the right of navigation . The title of the bed of the river , lake or sound in such case , and all special ...
Other editions - View all
A Treatise on the Law of Irrigation: Including the Law of Water-Rights and ... Clesson Selwyne Kinney No preview available - 2017 |
A Treatise On the Law of Irrigation: Including the Law of Water-Rights and ... Clesson Selwyne Kinney No preview available - 2022 |
A Treatise on the Law of Irrigation: Including the Law of Water-Rights and ... Clesson Selwyne Kinney No preview available - 2015 |
Common terms and phrases
20 Wall acequias Act of Congress actual adverse possession agricultural amount of water applied appro appropriate the water appropriation of water arid region artesian authorities Bear River beneficial purpose Board California cited Colo common law construction corporation Court held court of equity creek damages decisions defendant ditch or canal divert the water doctrine easement eminent domain entitled equity estoppel extent fact filing flume Gould on Waters Government grant injury irri irrigation district Justice lakes ment mining Mont natural channel natural stream navigable necessary ownership parties patent person plaintiff portion prior appropriation prior right priority propriation public domain public lands purpose of irrigation question reasonable reservoir riparian owners riparian proprietor riparian rights river rule Same.-Authorities Section Smith soil Stat statute statutory subsequent appropriators supply Supreme Court Territory thereof tion United Vansickle water flowing water for irrigation water rights water-course
Popular passages
Page 140 - 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 175 - ... 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...
Page 193 - Our Constitution declares a treaty to be the law of the land. It is (consequently to be regarded in courts of justice as equivalent to an Act of the Legislature, whenever it operates of itself without the aid of any legislative provision.
Page 178 - ... and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed ; but whenever any person, in the construction of any ditch or canal, injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Page 92 - He has no property in the water itself, but a simple usufruct while it passes along. < Aqua currit et debet currere
Page 313 - The common law of England, so far as it is not repugnant to, or inconsistent with, the Constitution of the United States or the Constitution or laws of the State of California, shall be the rule of decision in all the Courts of this State.
Page 176 - States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and not inconsistent with the laws of the United States.
Page 181 - ... six hundred and forty acres to any one person, a patent for the same shall be issued to him. "Provided, that no person shall be permitted to enter more than one tract of land and not to exceed six hundred and forty acres, which shall be in compact form.
Page 552 - Board of Supervisors, in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all the said costs in case said organization shall not be effected.
Page 515 - Negligence is the omission to do something which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do.