A Treatise on the Law of Irrigation: Covering All States and Territories

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W. H. Courtright Publishing, 1916 - 626 σελίδες
 

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Περιεχόμενα

Rise and Growth of Irrigation
17
CHAPTER II
19
In GeneralTwo Main Systems of the Irrigation Law 11 Irrigation Codes
22
Alaska
23
Arizona
25
California
29
Colorado
34
Idaho
39
Kansas
42
Montana
43
Nebraska
45
Nevada
48
New Mexico
50
North Dakota
52
Oklahoma
53
Oregon
54
South Dakota
55
Texas
57
The Doctrine in General Section
64
Scope of Present Chapter
65
General Statement of Doctrine of Riparian Rights
66
In What States in Force 33 Foundation of Riparian Rights
69
Nature of Right of Riparian Proprietor
70
Right of Riparian Proprietor to Use Water for Irrigation 36 Who Is a Riparian Proprietor
76
What Waters Are Subject to the Doctrine
77
Natural Streams and WatercoursesWhat Constitutes 38 Flow of Water
78
Source of Supply 40 Definite Channel or DirectionArtificial Channel
80
Outlet
82
Lakes Ponds and the Like
83
Underground WatersIn General
84
Underground Streams
85
Percolating Waters
86
California Doctrine of Percolating Waters
88
Springs
90
Waters Artificially Developed
91
What Lands Are Within Application of Doctrine 49 Right Limited to Riparian Lands
92
What Lands Are RiparianIn General
94
Land Lying Beyond Watershed
95
Enlargement of Area by Subsequent Acquisition
97
Effect of Sale or Partition of Riparian Land
101
Land Lying Above Level of Stream
102
In GeneralUse Must Be Reasonable 56 What is a Reasonable
103
No Right to Use Entire Flow of Stream
107
Relative Rights of the Several Proprietors
109
Apportionment of Water by Periods
112
Priority as Between Irrigation and Other Uses
113
Manner of Use 61 In General
114
Water Not to Be Wasted
115
Building Dams Across Stream
116
Storing Water
117
Point of Diversion or Return
118
Change of Point of Diversion
121
CHAPTER IV
122
Appropriation on Private Land
123
Use of Water by Periods
124
Appropriation and the English Common
125
Origin of the Doctrine of AppropriationIn General
126
The Early Authorities
128
Doctrine of Appropriation a New Doctrine
131
Extension of Doctrine to Irrigation
132
Foundation of Right of Appropriator
133
Utah
135
Power of State of Authorize Appropriation 76 Appropriation Upon the Public Domain of the United States
138
Appropriation Upon State Lands 78 Legislation Relating to Appropriation
142
Appropriation Under Acts of Congress 80 Appropriation on the Public DomainIn General
145
The Federal Statute of 1866
146
Relative Rights of Appropriator of Water and Grantee of Land Preliminary
151
Appropriation Prior to GrantAct of 1870
152
Appropriation Subsequent to Grant
155
When Rights of Grantee Attach
156
HI What Water May Be Appropriated 88 In General 89 Waste or Surplus Water
159
Springs and Seepage WaterIn General
161
Special Statutory Provisions
162
Underground Streams
166
Percolating Waters
167
Artesian Wells
169
Water Artificially Developed
170
Navigable Waters
171
Interstate Streams
172
Kansas v Colorado
174
Appropriation on Government Reservations
180
Washington
181
Appropriation by Riparian Owner
182
How Water Is Appropriated 104 Preliminary Statement
185
The Elements of a Valid Appropriation
186
Notice of AppropriationIn General
187
What Is a Sufficient Notice
188
Posting Second NoticeAbandonment 109 Rights Secured by Posting Notice
189
Notice and Record Thereof as Evidence 111 Appropriation without Posting Notices
190
Filing Map and Statement of Appropriation
193
Appropriation Under Recent Irrigation Codes and Statutes
195
Diversion of WaterWater must be Diverted within a Reason able Time
198
What Constitutes a Reasonable Time
199
Modes of Diverting and Conducting Water
201
Distribution of WaterWater Commissioners
202
Use of Natural Channel or Ravine as Part of Ditch
203
Idaho
204
Kansas
205
Use of Ditch Constructed by or Belonging to Another
206
Ditch on Public Land
207
Intent to Apply Water to Beneficial
208
New Mexico
209
Application of Water to Beneficial UseWhat Must Be Used Within a Reasonable Time
210
Oklahoma
211
What Constitutes a Reasonable Time
212
Gradual Application Through Successive Seasons
213
Methods of Applying Water
216
Place of
217
The Doctrine of Relation
220
The Right Acquired by Appropriation 127 The Doctrine of Priority
221
Priority Between Appropriators Using Water for Different Pur poses
224
Amount of Water that may be ClaimedGeneral Principles
226
The Duty of Water
229
How Far Amount of Water Determined by Capacity of Ditch
230
Appropriation of Entire Flow of Stream
232
Surplus Water
233
Right to Flow of Tributaries
234
Lower Tributaries 136 Manner of UsingReasonablenessWaste
237
Enlargement or Extension of
241
Change of Point or Means of Diversion
243
North Dakota
252
Oklahoma
253
Oregon
254
Acquisition by Contract of Grant 146 Parol License to Maintain Ditch
255
Acquisition by PrescriptionEstoppel
256
Utah
257
Condemnation of Right of WayIn General
259
Right of Condemnation Limited
261
Enlargement of Ditch Already Constructed
263
Condemnation Proceedings
266
Assessment of Damages
267
Right of Way over Public LandActs of 1866 and 1870
272
Right of Way for Ditches Constructed by the United States 156 Right of Way over State LandsIdaho
276
Ditches in Streets and Highways
277
Right of Entry for Construction and Maintenance of Ditch
278
Abandonment of Right of
280
CHAPTER VI
281
Liability of Irrigation Companies Owning Ditches
284
The Doctrine of Contributory Negligence
287
Amount of Damages
288
Bridging Ditches Crossing Highways and Streets
289
CHAPTER VII
291
Water as Personal Property
294
Water Right as Real Estate
297
Water Rights as Appurtenances to Land
298
Taxation of Ditches and Water Rights
308
CHAPTER VIII
311
CHAPTER IX
326
Abandonment and Nonuser Distinguished
328
Separate Abandonment of Ditch or Water Right
329
What Constitutes Abandonment
330
Transfer of Water Right as Abandonment
334
Proof of Abandonment
335
Adverse UserAcquisition of Water by Prescription 187 Acquisition by Appropriation and by Prescription Contrasted 188 User Must be AdverseWhat...
339
Actual Used Necessary 190 User Must be Uninterrupted
343
Oregon
344
User Must Continue for Prescriptive Period 192 When Prescriptive Period Begins to
345
Place of UseTitle
347
Extent of Right Acquired
348
Proof of Adverse User
349
No Adverse User as Against the United States
350
EstoppelLoss of Water Right by Estoppel
351
CHAPTER X
355
Generally
356
South Dakota 214 Texas
376
Utah 216 Washington
377
Wyoming
378
Appropriation under Wyoming Statutes
382
CHAPTER XI
384
Introductory
385
General Jurisdiction of Courts
386
Parties
387
Form of Action
388
Action to Quiet Title
390
The Pleadings
391
Determination of Quantity of Water to be Awarded
392
The DecreeCertainty and Definiteness Required
394
Conditional Decree
398
Decree in Suit Determining Riparian Rights 229 Appeals
400
Costs
401
Enforcement and Effect of Decree
402
The Doctrine of Res Judicata
404
Adjudication in the Several StatesArizona 234 California
405
ColoradoStatutory AdjudicationGenerally
407
Nature of Adjudication Proceedings 237 What Priorities May Be Determined
410
Jurisdiction of Courts
413
PartiesPleadings
415
Proceedings Before Referee
416
The Decree
418
Conclusiveness of Decree
420
Wyoming
434
Wyoming
440
CHAPTER XII
445
Suits in Equity
448
Who May Maintain Action
452
Plaintiffs Rights Must be InvadedProof of Damages
454
Parties
457
Joinder of Actions and Parties
458
Independent Diversions by Several Defendants
459
Venue
461
Pleadings
463
Burden of ProofEvidence
467
Defenses
468
Damages 273 Actions Affecting Interstate Streams
471
Injuries to Ditches and Other Works
472
Pollution of Water
473
CHAPTER XIII
476
Generally
477
Liability for Damages Caused by Reservoir
481
CHAPTER XIV
483
Powers of Irrigation CompaniesGenerally
487
ByLaws and Regulations
489
Acquisition of Water RightsGenerally
490
Appropriation by Irrigation Companies
493
Condemnation of Water Rights
495
Acquisition of Right of
497
Irrigation Companies as Public Carriers of Water
499
Duty to Furnish Water to Consumers
501
Demand or Tender of Price by Consumer
504
Suit to Compel Delivery of Water
505
Contracts for Water Rights
508
Rates for Furnishing Water
512
Establishment of Water Rates
514
Liability of Company for Failure to Furnish Water
519
Measure of Damages
522
Transfer of Stock in Irrigation Companies
523
CHAPTER XV
525
Powers and Duties of Board of Directors
534
Suits by and Against Irrigation Districts
536
Issuance of Bonds
537
Assessments
539
Confirmation Acts
540
CHAPTER XVI
542
The Desert Land Act of 1877
543
The Gary Act of 1894
553
Control in Several StatesArizona 200 California 174 175
568
177
569
178
570
179
581
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Σελίδα 542 - ... 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 purposes subject to existing rights.
Σελίδα 32 - The use of all water now appropriated, or that may hereafter be appropriated for sale, rental or distribution, is hereby declared to be a public use, and subject to the regulation and control of the State, in the manner to be prescribed by law...
Σελίδα 150 - All patents granted, or pre-emption 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 the preceding section.
Σελίδα 552 - An Act to apply a portion of the proceeds of the public lands to the more complete endowment and support of the colleges for the benefit of agriculture and the mechanic arts, established under the provisions of an act of congress approved July second, eighteen hundred and sixty-two...
Σελίδα 556 - Interior, in carrying out the provisions of this 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...
Σελίδα 552 - That the Secretary of the Interior is hereby authorized and directed to make examinations and surveys for, and to locate and construct, as herein provided, irrigation works for the storage, diversion, and development of waters, including artesian wells...
Σελίδα 136 - Although this power of changing the common law rule as to streams within its dominion undoubtedly belongs to each state, yet two limitations must be recognized : "First, that in the absence of specific authority from Congress a State cannot by its legislation destroy the right of the United States, as the owner of lands bordering on a stream to the continued flow of its waters ; so far at least as may l)e necessary for the beneficial uses of the government property.
Σελίδα 67 - ... without diminution or alteration. No proprietor has a right to use the water to the prejudice of other proprietors, above or below him, unless he has a prior right to divert it, or a title to some exclusive enjoyment. He has no property in the water itself, but a simple usufruct...
Σελίδα 37 - That private property shall not be taken or damaged, for public or private use, without just compensation.
Σελίδα 33 - Such ordinances or resolutions shall be passed in the month of February of each year, and take effect on the first day of July thereafter. Any board or body failing to pass the necessary ordinances or resolutions fixing...

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