Adjudication of Water Rights: Hearings Before a Subcommittee of the Judiciary, United States Senate, Eighty-second Congress, First Session, on S. 18, a Bill to Authorize Suits Against the United States to Adjudicate and Administer Water Rights, April 25, August 3 and 8, 1951U.S. Government Printing Office, 1951 - 96 pages Considers legislation to authorize adjudication of suits against and on behalf of the Federal Government in State courts. |
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Common terms and phrases
acre-feet adjudication suit administration answer assert Attorney believe beneficial bill Bureau of Reclamation California Camp Pendleton CHAIRMAN city and county claim committee complaint Congress county of Denver Culver City decree Department of Justice determine district court exclusive jurisdiction fact Fallbrook Federal court Federal Government filed GREEN hearing immunity from suit interest Interior involved irrigation Judiciary legislation litigation matter ment national defense National Reclamation Association Nevada ownership paramount rights party Phil Swing position proceeding property rights Provo River purchased question Rancho Santa Margarita record Representative YORTY rights adjudicated riparian rights San Diego Santa Margarita River SAUNDERS Senator KNOWLAND Senator NIXON Senator WATKINS situation SOURWINE sovereign statement stipulation subcommittee sued Supreme Court thing tidelands tion United States Government United States Senate Utah VANECH VEEDER waiver of immunity Washington water district water law water rights water users West word paramount
Popular passages
Page 50 - All patents granted, or preemption or homesteads allowed, shall be subject to any vested and accrued water rights, or rights to ditches and reservoirs used in connection with such water rights, as may have been acquired under or recognized by this section.
Page 20 - That nothing in this Act shall be construed as affecting or intended to affect or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use or distribution of water used in irrigation, or any vested right acquired thereunder...
Page 50 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same, and the right of way for the construction of ditches and canals for the purposes herein specified is acknowledged and confirmed...
Page 20 - Secretary of the Interior, for and on behalf of the United States of America, party of the first part, and , for and on behalf of the State of '. , party of the second part...
Page 51 - Provided, however. That the right to the use of water by the person so conducting the same on or to any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appropriation...
Page 45 - Nothing we have said is meant to suggest that the act, as we construe it, has the effect of curtailing the power of the States affected to legislate in respect of waters and water rights as they deem wise in the public interest.
Page 52 - 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 50 - ... and the right of way for the construction of ditches and canals for the purpose herein specified is acknowledged and confirmed; but whenever any person, in the construction of any ditch or canal, 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 43 - Act, shall proceed in conformity with such laws, and nothing herein shall in any way affect any right of any State or of the Federal Government or of any landowner, appropriator, or user of water in, to, or from any interstate stream or the waters thereof.
Page 51 - ... actually appropriated, and necessarily used for the purpose of irrigation and reclamation,8 and all surplus water over and above such actual appropriation and use, together with the water of all, lakes, rivers and other sources...