The Division of Water Rights of the Board of Public Works: Forfeiture of Riparian Rights by NonuserUniversity of California, Berkeley, 1923 - 96 pages |
Common terms and phrases
74 Oregon adjudication amended amount of water appeal applications to appropriate appropriation of water authority beneficial purpose California Law Review California Statutes certiorari Chandler--Elements of Western Civil Code claimants common law constitutional constitutionality construction decree diversion due process eminent domain engineer entitled existing rights FORFEITURE OF RIPARIAN fourteenth amendment GIVES THE COMMISSION gives the riparian Haggin Hawthorn Ditch Hen Gen Laws investigation irrigation judicial powers Justice Kings River legislature Liberty Lake litigation Lovingston natural streams permit police power power to reject practical proceeding process of law provides public interest purposes of unappropriated reasonable reject applications RIGHTS BY NONUSER rights on streams riparian doctrine riparian owner riparian rights section 15 section eleven Stat stream systems Superior Court supervision supra note Supreme Court thereby Third Biennial Report Tulare unappropriated water vested water board Water Commission Act Water in California water master water rights water users Western Water Law
Popular passages
Page 39 - All rights tend to declare themselves absolute to their logical extreme. Yet all in fact are limited by the neighborhood of principles of policy which are other than those on which the particular right is founded, and which become strong enough to hold their own when a certain point is reached.
Page 40 - The boundary at which the conflicting interests balance cannot be determined by any general formula in advance, but points in the line, or helping to establish it, are fixed by decisions that this or that concrete case falls on the nearer or farther side.
Page 40 - But it is recognized that the State as quasi-sovereign and representative of the interests of the public has a standing in court to protect the atmosphere, the water and the forests within its territory, irrespective of the assent or dissent of the private owners of the land most immediately concerned...
Page 32 - It is hereby declared to be the established policy of this State that the use of water for domestic purposes is the highest use of water and that the next highest use is for irrigation.
Page 40 - ... that this or that concrete case falls on the nearer or farther side. For instance, the police power may limit the height of buildings in a city, without compensation. To that extent it cuts down what otherwise would be the rights of property. But if it should attempt to limit the height so far as to make an ordinary building lot wholly useless, the rights of property would prevail over the other public interest, and the police power would fail. To set such a limit would need compensation and...
Page 44 - Neither a court nor the legislature has the right to say that because such water may be more beneficially used by others it may be freely taken by them. Public policy is at best a vague and uncertain guide, and no consideration of policy can justify the taking of private property without compensation.
Page 21 - When the party entitled to the use of water fails to beneficially use all or any part of the water claimed by him, for which a right of use...
Page 32 - The department [acting through the State Engineer, Sec. 1050.5] shall allow the appropriation for beneficial purposes of unappropriated water under such terms and conditions as in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated.
Page 28 - In acting upon applications to appropriate water the department shall be guided by the policy that domestic use is the highest use and irrigation is the next highest use of water." 1255. "The department shall reject an application when in its judgment the proposed appropriation would not best conserve the public interest.
Page 22 - As between an investigation in the courts and by the board, it would seem that an administrative board, with experience and peculiar knowledge along this particular line, can. in the first instance, solve the questions involved, with due regard to private and public interests, conduct the requisite investigation, and make the ascertainment of individual rights, with greater facility, at less expense to interested parties, and with a larger degree of satisfaction to all concerned.