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acquired action adjudication adopted amended appears applied appro appropriate water appropriation appropriative rights artesian authority belong beneficial Calif California channel claim Code Colo Colorado common concerning constitution course Dakota decisions defined definite determination diffused surface waters discussed district ditch diversion doctrine domestic effect engineer entitled existing fact flow further governing granted ground waters held Idaho involved irrigation lakes land landowner limited lower means method natural natural stream necessary noted Oreg original overlying lands owner owner of land ownership parties percolating waters permit present principle priority protection quantity question reasonable recent recognized reference relating result riparian owner riparian rights river rule seepage spring Stats statute statutory stream subject to appropriation subsequent supply Supreme Court surface stream tion tributary United users Utah vested waste water rights watercourse Western
Page 74 - ... 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 254 - ... that principle, which gives to the owner of the soil all that lies beneath his surface; that the land immediately below is his property, whether it is solid rock, or porous ground, or venous earth, or part soil, part water; that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure; and that if, in the exercise of such right, he intercepts or drains off the water collected from underground springs in his neighbour's...
Page 73 - ... and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation...
Page 138 - 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 73 - ... injures or damages the possession of any settler on the public domain, the party committing such injury or damage shall be liable to the party injured for such injury or damage.
Page 87 - 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 92 - 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 75 - 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 266 - Water being essential to industrial prosperity, of limited amount and easy of diversion from its natural channels, its control must be in the State, which, in providing for its use, shall equally guard all the various interests involved.