A Treatise 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 IrrigationWest Publishing Company, 1893 - 592 páginas |
Dentro del libro
Resultados 1-5 de 86
Página v
... questions presented to the courts , the appearance of these articles was timely and significant , and they formed a ... question in the form of a text - book ; and they constitute the basis of the monograph now offered to the profession ...
... questions presented to the courts , the appearance of these articles was timely and significant , and they formed a ... question in the form of a text - book ; and they constitute the basis of the monograph now offered to the profession ...
Página 30
... questions . § 20. Grounds of these decisions . It is essential , to any accuracy in such discussions , that we should ... question will afterwards rise whether this doctrine determines all the special rules which may apply to all ...
... questions . § 20. Grounds of these decisions . It is essential , to any accuracy in such discussions , that we should ... question will afterwards rise whether this doctrine determines all the special rules which may apply to all ...
Página 32
... question I shall not at present enter . In the very recent case decided by the New York court of appeals , 2 described in our second chapter , the same position was urged by counsel . As a consequence , the common - law doctrine was ...
... question I shall not at present enter . In the very recent case decided by the New York court of appeals , 2 described in our second chapter , the same position was urged by counsel . As a consequence , the common - law doctrine was ...
Página 36
... question of fact ; and it is further required that they should be reasonable . " In Oregon , it is held that where a plaintiff alleges a right to appropriate water under a local custom , and such allegation is denied , he must prove the ...
... question of fact ; and it is further required that they should be reasonable . " In Oregon , it is held that where a plaintiff alleges a right to appropriate water under a local custom , and such allegation is denied , he must prove the ...
Página 44
... question is at once presented whether the same rules apply to the public lands of the state , as well as to those of the United States . The United States has , through congressional legislation , donated to indi- vidual states - to ...
... question is at once presented whether the same rules apply to the public lands of the state , as well as to those of the United States . The United States has , through congressional legislation , donated to indi- vidual states - to ...
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Otras ediciones - Ver todas
A Treatise on the Law of Water Rights as the Same Is Formulated and Applied ... John Norton Pomeroy Sin vista previa disponible - 2017 |
A Treatise on the Law of Water Rights as the Same Is Formulated and Applied ... John Norton Pomeroy,Henry Campbell Black Sin vista previa disponible - 2015 |
A Treatise on the Law of Water Rights as the Same Is Formulated and Applied ... John Norton Pomeroy Sin vista previa disponible - 2015 |
Términos y frases comunes
abandonment acequias acquired action actual adverse possession amount of water apply appro appropriate water appropriated the water appropriator of water Bear River Calaveras river California Canal Civil Code claimant Colo common common-law doctrines construction conveyed court of equity creek damages decisions defendant ditch divert the water easement entitled equity extent flume grant Haggin hydraulic mining injury Kings River lake land bordering legislation Lytle Creek mill miners Mont natural channel natural stream navigable Nevada ownership parties patent person plaintiff portion possession pre-emptor priator prior appropriation prior right priority private riparian proprietors propriation provisions public domain public lands purchase purposes of irrigation quantity question reasonable recognized relate back right to divert rights of riparian riparian owner riparian rights rule running water soil statute subsequent appropriator supreme court territory thereof tion tract of land United water flowing water rights water-course
Pasajes populares
Página 22 - 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...
Página 22 - ... 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; and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Página 385 - Interior the same shall be noted upon the plats in said office, and thereafter all such lands over which such rights of way shall pass shall be disposed of subject to such right of way.
Página 202 - The right to divert the unappropriated waters of any natural stream to beneficial uses shall never be denied. Priority of appropriation shall give the better right as between those using the water for the same purpose...
Página 38 - That all patents granted 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.
Página 501 - By the preceding course of reasoning we have arrived at these general conclusions.: First, the shores of navigable waters, and the soils under them, were not granted by the Constitution to the United States, but were reserved to the States respectively. Secondly, the new States have the same rights, sovereignty, and jurisdiction over this subject as the original States.
Página 462 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contradistinction from tiic navigable waters of the States, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water.
Página 98 - I mean quasi easements), or, in other words, all those easements which are necessary to the reasonable enjoyment of the property granted, and which have been and are at the time of the grant used by the owners of the entirety for the benefit of the part granted.
Página 384 - The right of way through the public lands and reservations of the United States is hereby granted to any canal or ditch company formed for the purpose of irrigation...
Página 522 - This riparian right is property, and is valuable, and. though it must be enjoyed in due subjection to the rights of the public, it can not be arbitrarily or capriciously destroyed or impaired. It is a right of which, when once vested, the owner can only be deprived in accordance with established law, and, if necessary that it be taken for the public good, upon due compensation.