State Water Law in the Development of the West: A Report Submitted to the Water Resources Committee by Its Subcommittee on State Water Law. June 1943. National Resources Planning Board
United States. National Resources Planning Board, United States. National Resources Planning Board. Water Resources Committee
U.S. Government Printing Office, 1943 - 138 pages
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abandonment acquired actual adjudication administration appears applied appro appropriation doctrine appropriative rights authority beneficial California channel claim claimants Code Colorado concerned constitute Dakota decisions definite determination diffused surface waters discussion district Ditch diversion effect engineer entitled exclusive exercise existing extent filed forfeiture granted ground waters ground-water held Idaho important intention involved irrigation land landowner limited loss means method natural necessary needs original overlying owner ownership percolating waters period permit practical present principle prior priorities problem procedure public interest quantity question reasonable recapture recognized relation Resources respect result return flow riparian doctrine riparian owner riparian rights River rule seepage spring Stats statute statutory stream Subcommittee Supreme Court surface streams tion tributary underground streams United utilization vested waste water law water rights water supply watercourses West Western
Page 64 - USC 321, 323, 325, 327-329), provides for the making of desert-land entries in the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, North Dakota, Oregon, South Dakota, Utah, Washington, and Wyoming. § 2520.0-5 Definitions. (a) As used in the desert-land laws and the regulations of this subpart: (1) "Reclamation...
Page 79 - Provided: That the right to the use of water acquired under the provisions of this Act shall be appurtenant to the land irrigated, and beneficial use shall be the basis, the measure, and the limit of the right.
Page 131 - No law shall be revised or amended by reference to its title, but in such case the Act revised or section amended shall be reenacted and published at length as revised or amended...
Page 52 - Riparian rights in a stream or water course attach to, but to no more than so much of the flow...
Page 130 - All fees collected under the provisions of this Act shall be deposited with the State Treasurer and by him covered into the "Underground Water Fund" to be withdrawn by the State Engineer, upon vouchers properly audited, for the purpose of administering this Act.
Page 5 - If there are, as must be admitted, many things connected with this system, which are crude and undigested, and subject to fluctuation and dispute, there are still some which a universal sense of necessity and propriety have so firmly fixed as that they have come to be looked upon as having the force and effect of resjudicata.
Page 35 - What we hold is that following the act of 1877, if not before, all non-navigable waters then a part of the public domain became publici juris, subject to the plenary control of the designated states, including those since created out of the territories named, with the right in each to determine for itself to what extent the rule of appropriation or the common-law rule in respect of riparian rights should obtain.
Page 100 - The right to divert and appropriate the unappropriated waters of any natural stream to beneficial uses, shall never be denied, except that the state may regulate and limit the use thereof for power purposes.
Page 129 - The unappropriated water of every natural stream, perennial or torrential, within the State of New Mexico, is hereby declared to belong to the public and to be subject to appropriation for beneficial use, in accordance with the laws of the state- Priority of appropriation shall give the better right.