Water Rights Laws in the Nineteen Western States

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The Lawbook Exchange, Ltd., 2004 - 2300 páginas
Hutchins, Wells A., Harold H. Ellis and J. Peter DeBraal. Water Rights Laws in the Nineteen Western States. [Washington, D.C.]: United States Department of Agriculture. [1971]. Three volumes. Reprint available July 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-414-2. Cloth. $350. * Rights to the use of water from surface and underground sources are often crucial in the seventeen contiguous Western states, Alaska and Hawaii. This work offers a comparative analysis of the development and status of the constitutional provisions, statutes, reported court decisions and administrative regulations, practices and policies regarding water rights laws in these states. The analysis considers the nature of these water rights and their acquisition, control, transfer, protection and loss. Federal, interstate and international matters are also discussed.

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Página 106 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contra-distinction from the 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 114 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Página 131 - The State of Washington asserts its ownership to the beds and shores of all navigable waters in the state up to and including the line of ordinary high tide, in waters where the tide ebbs and flows, and up to and including the line of ordinary high water within the banks of all navigable rivers and lakes: Provided, That this section shall not be construed so as to debar any person from asserting his claim to vested rights in the courts of the state.
Página 173 - ... all surplus water over and above such actual appropriation and use, together with the water of all lakes, rivers, and other sources of water supply upon the public lands, and not navigable, shall remain and be held free for the appropriation and use of the. public for irrigation, mining, and manufacturing purposes subject to existing rights.
Página 386 - A failure to comply with such rules deprives the claimants of the right to the use of the water as against a subsequent claimant who complies therewith.
Página 402 - 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 119 - Thus the power of Congress to promote the general welfare through large-scale projects for reclamation, irrigation, or other internal improvement, is now as clear and ample as its power to accomplish the same results indirectly through resort to strained interpretation of the power over navigation.
Página 169 - When our people learn that the necessity for labor is a blessing rather than a curse ; that ' he who causes two blades of grass to grow where but one grew before...
Página 118 - It extends to those activities intrastate which so affect interstate commerce or the exercise of the power of Congress over it as to make regulation of them appropriate means to the attainment of a legitimate end, the exercise of the granted power of Congress to regulate interstate commerce.
Página 166 - Wherever they went they carried with them that love of order and system and of fair dealing which are the prominent characteristics of our people. In every district which they occupied they framed certain rules for their government by which the extent of ground they could severally hold for mining was designated and their right to such ground secured and enforced and contests between them either avoided or determined.

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