The Law of Water for Irrigation in ColoradoW.H. Lawrence, 1886 - 127 pages |
From inside the book
Results 1-5 of 31
Page 6
... held lands border- ing on the natural stream or lake had the right to the use of the water , and they only to the extent of a reasonable use for their necessary purposes ; and if they diverted the water they were obliged to return it to ...
... held lands border- ing on the natural stream or lake had the right to the use of the water , and they only to the extent of a reasonable use for their necessary purposes ; and if they diverted the water they were obliged to return it to ...
Page 9
... held by any person to the exclusion of another , except by some recognized " custom " or local usage . At an early date , however , the custom was established that priority of possession gave priority of right , both of land and water ...
... held by any person to the exclusion of another , except by some recognized " custom " or local usage . At an early date , however , the custom was established that priority of possession gave priority of right , both of land and water ...
Page 10
... held to be but the legislative recognition of a pre - existing right , and not the grant- ing of a new right dating from the passage of the law , the formulating of a rule of construction which the courts would have applied without the ...
... held to be but the legislative recognition of a pre - existing right , and not the grant- ing of a new right dating from the passage of the law , the formulating of a rule of construction which the courts would have applied without the ...
Page 11
... held : “ That the first appropriator of the water of a natural stream has a prior right , to the extent of his appropriation , is a doctrine that we must hold applica- ble in all cases respecting the diversion of water for the purpose ...
... held : “ That the first appropriator of the water of a natural stream has a prior right , to the extent of his appropriation , is a doctrine that we must hold applica- ble in all cases respecting the diversion of water for the purpose ...
Page 13
... held to be the law prior to the adoption of the Consti- tution . Schilling et al . vs. Rominger , 4 Colo . , 100 . Coffin et al . vs. Left - Hand Ditch Co. , 6 Id . , 447 . Thomas vs. Guiraud et al . , 6 Id . , 530 . In the case of ...
... held to be the law prior to the adoption of the Consti- tution . Schilling et al . vs. Rominger , 4 Colo . , 100 . Coffin et al . vs. Left - Hand Ditch Co. , 6 Id . , 447 . Thomas vs. Guiraud et al . , 6 Id . , 530 . In the case of ...
Common terms and phrases
affidavit aforesaid amount of water appeal appointed appropriation of water Arkansas River Board of County canal or ditch canal or feeder canal or reservoir canals and reservoirs canals taking water carrying capacity certificate clerk Colo Colorado irrigated commencement consist copy County Commissioners Creek cubic feet cubic foot damages decree delivered District Court District Number ditch or reservoir ditches and canals ditches or canals ditches taking water Eminent Domain entitled evidence feet per second filed flume head-gate hereafter irrigated from ditches irrigation purposes lands irrigated natural stream owner or owners party or parties person or persons priority of appropriation priority of right referee Rio Grande River riparian South Platte River statement of claim statutes statutory inch superintendent of irrigation Supreme Court thereof thereto tion tributaries water commissioner water district water division water for irrigation water rights water therefrom West Coast Rep
Popular passages
Page 9 - 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 10 - 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 65 - ... 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 56 - That private property shall not be taken for private use unless by consent of the owner, except for private ways of necessity and except for reservoirs, drains, flumes or ditches on or across the lands of others, for agricultural, mining, milling, domestic or sanitary purposes.
Page 56 - No private property shall be taken or damaged for public or private use without just compensation...
Page 74 - The tax so levied must be computed and entered upon the assessment roll by the County Auditor, and collected at the same time and in the same manner as State and county taxes, and when collected shall be paid into the county treasury for the use of the district.
Page 60 - To cause such examination and surveys for its proposed railroad to be made, as may be necessary to the selection of the most advantageous route ; and for such purpose, by its officers or agents and servants, to enter upon the lands or waters of any person, but subject to responsibility for all damages which shall be done thereto.
Page 56 - All persons and corporations shall have the right of way across public, private, and corporate lands for the construction of ditches, canals, and flumes for the purpose of conveying water for domestic purposes, for the irrigation of agricultural lands, and for mining and manufacturing purposes, and for drainage, upon payment of just compensation.
Page 56 - ... in such manner as may be prescribed by law, and until the same shall be paid to the owner, or into court for the owner, the property shall not be needlessly disturbed, or the proprietary rights of the owner therein divested...
Page iv - Depositions mentioned in section 2 hereof, to be used before said commissioners, shall be taken before any officer in the State authorized by law to take depositions, upon reasonable notice being given to the opposite party of the time and place of taking the same.