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abandonment according acquired action actual adjudication adverse adverse possession appears apply appropriation appropriative rights authority beneficial California chapter circumstances claim claimant Code Colo common constitutional continued County damages decisions decree determination discussed Dist district Ditch diversion doctrine domestic easement effect Engineer entitled established exercise existing extent fact flow forfeiture grant ground water held Idaho involved irrigation land later legislation limited lower natural Nebr necessary Oreg Oregon original parties percolating period permit person possession Power prescriptive prescriptive right present principle prior priority proceeding proprietor protection quantity question Rancho Santa Margarita reasonable recognized regarding relating respect riparian land riparian owner riparian rights River rule spring Stat statute statutory stream Supp supply Supreme Court Texas United vested Wash water rights watercourse
Page 241 - It is hereby declared that because of the conditions prevailing in this State the general welfare requires that the water resources of the State be put to beneficial use to the fullest extent of which they are capable, and that the waste or unreasonable use or unreasonable method of use of water be prevented...
Page 287 - ... shall be limited to such water as shall be reasonably required for the beneficial use to be served, and such right does not and shall not extend to the waste or unreasonable use or unreasonable method of use or unreasonable method of diversion of water.
Page 372 - Where it shall appear that there has been an actual continued occupation of premises, under a claim of title, exclusive of any other right, but not founded upon a written instrument, or a judgment, or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.
Page 290 - 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...
Page 497 - Consent is given to join the United States as a defendant in any suit (1) for the adjudication of rights to the use of water of a river system...
Page 383 - ... as against a nonriparian owner, is entitled to the full flow of the stream without the slightest diminution. The initial step in the diversion of the water by the nonriparian owner is therefore an invasion of the right of the lower riparian owner and every subsequent diversion is a further invasion of that right. Against a person who seeks to divert water to nonriparian lands, the riparian owner is entitled to restrain any diversion, and he is not required to show any damage to his use.
Page 342 - ... next after the right to bring the same shall have accrued and not after.
Page 379 - Every personal action, for which no limitation is otherwise prescribed, shall be brought within five years next after the right to bring the same shall have accrued...
Page 148 - States, and that must be tested by the settled rule that a suit does not so arise unless it really and substantially involves a dispute or controversy as to the effect or construction of the Constitution or some law or treaty of the United States...