Miscellaneous Publication, Issue 418U.S. Department of Agriculture, 1942 - 513 pages |
Contents
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Common terms and phrases
absolute ownership acquired adjudication amended applied appro appropriate water appropriation doctrine appropriation of water appropriation statute appropriative right artesian basins artesian waters beneficial Calif California claim claimants Code Ann Colo Colorado common-law constitution court decisions definite stream definite underground Desert Land Act diffused surface waters Dist district ditch domestic drainage engineer entitled existing rights ground waters ground-water held Idaho irrigation junior appropriator landowner Mont natural channel natural stream Nebr Nebraska Oreg Oregon overlying lands owner of land owners of overlying percolating waters permit point of diversion priation prior appropriator priority public lands purposes reservoir riparian doctrine riparian land riparian owner riparian rights river rule of reasonable source of supply South Dakota spring waters Stats statutes provide statutory subject to appropriation subterranean Supreme Court surface stream tion tributary unappropriated Utah vested water code water flowing water rights water supply watercourse Wyoming
Popular passages
Page 70 - ... 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 purpose
Page 69 - ... and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation...
Page 134 - All water or the use of water within the state of California is the property of the people of the state of California, but the right to the use of running water flowing in a river or stream or down a canyon or ravine may be acquired by appropriation...
Page 83 - 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...
Page 88 - The use of all water now appropriated, or that may hereafter be appropriated for sale, rental, distribution, or other beneficial use, and the right of way over the lands of others, for all ditches, drains, flumes, canals, and aqueducts, necessarily used in connection therewith, as well as the sites for reservoirs necessary for collecting and storing the same, shall be held to be a public use.
Page 71 - What we hold is that following the act of 1877, if not before, all nonnavigable waters then a part of the public domain became public! juris, subject to the plenary control of the designated states...
Page 101 - ... the conservation and development of its forests, water and hydro-electric power, the navigation of its inlan'd and coastal waters, and the preservation and conservation of all such natural resources of the State are each and all hereby declared public rights and duties; and the Legislature shall pass all such laws as may be appropriate thereto.
Page 102 - All waters in this state, whether above or under the ground, are hereby declared to be the property of the public, subject to all existing rights to the use thereof.
Page 69 - 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 91 - The use of the water of every natural stream within the State of Nebraska is hereby dedicated to the people of the state for beneficial purposes, subject to the provisions of the following section.