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" 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 has vested... "
Water Rights Laws in the Nineteen Western States - Page 290
by Wells Aleck Hutchins - 1972
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Laws of the Territory of New Mexico: Passed by the Legislative Assembly ...

New Mexico - 1903 - 836 pages
...second foot of water for each seventy (70) acres of land. Sec. 5. After the passage of this act, when a party entitled to the use of water fails to beneficially use, all or any part of said water, claimed, for a period of four years, such water shall revert to the public, and shall be...
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Acts of the Legislative Assembly of the Territory of New Mexico, Session...

New Mexico - 1905 - 478 pages
...second foot of water for each seventy (70) acres of land. Sec. 5. After the passage of this act, when a party entitled to the use of water fails to beneficially use, all or any part of said water, claimed, for a period of four years, such water shall revert to the public, and shall be...
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Acts of the Legislative Assembly of the Territory of New Mexico, Session...

New Mexico - 1907 - 406 pages
...been specifically stated by contract, or has been established by actual measurement qr use. Sec. 42. When the party entitled to the use of water fails...purpose for which it was appropriated or adjudicated, except the water for storage reservoirs, for a period of four years, such unused water shall revert...
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Journal of the Philippine Commission, Issue 4

Philippines. Legislature. Philippine Commission - 1911 - 1020 pages
...however, That such rates shall not be changed oftener than once in ten years. "SEC. 3G. When the person entitled to the use of water fails to beneficially...use all or any part of the water claimed by him for a period of five years, such unused water shall revert to the public and shall be regarded as unappropriated...
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Reports of Cases Determined in the Supreme Court of the Territory ..., Volume 16

New Mexico. Supreme Court, John Abbott, Paul A. F. Walter - 1912 - 880 pages
...sec. 42, chap. 49, Laws of 1907, that the failure to beneficially use all or any part of the water for which a right of use has vested, for the purpose...was appropriated, or adjudicated, for a period of four years, shall cause the reversion of such unused water to the public, and it shall be regarded...
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Journal of the Philippine Commission, Issue 5

Philippines. Legislature. Philippine Commission - 1912 - 1192 pages
...Section 36, page 25, amend to read as follows: "SEC. 36. When the person entitled to the use of waters fails to beneficially use all or any part of the water claimed by him for a period of five years without good cause, the Secretary of Commerce and Police shall declare such...
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California Law Review, Volume 2

1914 - 552 pages
...by the trial Court.6 It is also held that Section 46 of the South Dakota act, providing that, when a party entitled to the use of water fails to beneficially use all or any portion of the waters claimed by him for a period of three years, such unused waters shall revert to...
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A Treatise on the Law of Irrigation: Covering All States and Territories

Joseph Ragland Long - 1916 - 654 pages
...by the New Mexico statute of 1907 that the failure to use beneficially all or any part of the water for which a right of use has vested, for the purpose...it was appropriated or adjudicated, for a period of four years, shall cause a reversion of such unused water to the public, and it shall be regarded as...
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Elements of Western Water Law

Albert Edward Chandler - 1918 - 194 pages
...determine the intention. Section 46 of the South Dakota irrigation act of 1907 provides that, when a party entitled to the use of water fails to beneficially use all or any portion of the waters claimed by him for a period of three years, such unused waters shall revert to...
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The Division of Water Rights of the Board of Public Works: Forfeiture of ...

Marion Jefferson Mulkey - 1923 - 118 pages
...:..:.: 1 . ,\f.. The .Vater Act insures the beneficial use of all water, in the following tenet "When a party entitled to the use of water fails to beneficially...for a period of three years, such unused water shall revest to the public and shall be regarded as unappropriated publie water. "I« Court procedure is...
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