Water Rights Laws in the Nineteen Western StatesThe 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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Resultados 1-5 de 67
Página xxii
... legislation .312 Constitutionality of the legislation 314 Exclusiveness of the statutory procedure 315 Nature of powers of administrators .318 Judicial review of administrative action . 321 Procedural steps in appropriating water .323 ...
... legislation .312 Constitutionality of the legislation 314 Exclusiveness of the statutory procedure 315 Nature of powers of administrators .318 Judicial review of administrative action . 321 Procedural steps in appropriating water .323 ...
Página 16
... legislation in 1967 added a provision similar to the Oregon , South Dakota , and Kansas legislative limitations on riparian rights discussed above . " 9 Without prior legislative direction , the high courts of Washington and Nebraska ...
... legislation in 1967 added a provision similar to the Oregon , South Dakota , and Kansas legislative limitations on riparian rights discussed above . " 9 Without prior legislative direction , the high courts of Washington and Nebraska ...
Página 24
... legislation dealing with water rights in streams governs appropriative rights ; and in some of them , much of the litigation over stream water rights has been concerned with conflicts between the appropriation and riparian philosophies ...
... legislation dealing with water rights in streams governs appropriative rights ; and in some of them , much of the litigation over stream water rights has been concerned with conflicts between the appropriation and riparian philosophies ...
Página 163
... legislation made grants of water privileges , authorized the making of grants , and vested in the county courts control over appropriations of water.21 A statute passed in 1880 recognized accrued rights to water acquired by ...
... legislation made grants of water privileges , authorized the making of grants , and vested in the county courts control over appropriations of water.21 A statute passed in 1880 recognized accrued rights to water acquired by ...
Página 167
... legislation was had looking to a sale of the mineral lands . *** 33 32 Resort to common law principles . -An ever - recurring consciousness of the importance of mining and associated water rights is evident in the early decisions of the ...
... legislation was had looking to a sale of the mineral lands . *** 33 32 Resort to common law principles . -An ever - recurring consciousness of the importance of mining and associated water rights is evident in the early decisions of the ...
Otras ediciones - Ver todas
Water Rights Laws in the Nineteen Western States (Classic Reprint) Wells A. Hutchins Sin vista previa disponible - 2018 |
Water Rights Laws in the Nineteen Western States (Classic Reprint) Wells A. Hutchins Sin vista previa disponible - 2018 |
Términos y frases comunes
acquired adjudication administrative application appropriate water appropriation of water appropriative right appurtenant Ariz beneficial California Supreme Court Canal channel Code Ann Colo Colorado common law Const constitutional County Creek decisions declared diffused surface water discussed Dist Ditch domestic enacted flow ground water Idaho irrigation Kans lake legislation legislature Mexico Mont Montana Supreme Court municipal navigable Nebr Nebraska Okla Oreg Oregon Oregon Supreme Court ownership permit point of diversion prior appropriation priority procedure purposes quantity of water reasonable recognized reservoir riparian doctrine riparian land riparian owner riparian proprietor riparian rights River rule South Dakota Stat statute statutory storage streamflow Supp Supreme Court held Territory of Hawaii Texas Texas Supreme Court United Utah Utah Supreme Court Wash Washington Supreme Court water appropriation Water Code water law water rights water supply watercourse Western Wyoming
Pasajes populares
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.