The Law of Irrigation1915 - 346 páginas |
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abandonment acquired acre foot acres actual adopted amount of water application appro appropriate water appropriation of water appurtenant Arid Region beneficial California canal Carey Act claim claimant Colorado comer commissioners common law Congress construction corporation Court cubic feet cubic foot declared deed Desert Land Act diligence ditch doctrine drainage duty easement eminent domain engineer grant held homestead Idaho inches irrigation irrigation district legislature lien ment miner's inch mortgage natural stream necessary North Dakota notice OUTLINE OF LECTURE owner ownership party passed payment percolating person point of diversion prescription prior priority propriation public domain public lands purchaser purpose question reasonable Reclamation Act recognized reservoir riparian rights river rule secure seepage settler sold statute statute of frauds supply taken tion United vested waste water courses water for irrigation water right Western Wyoming
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Página 70 - ... 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.
Página 140 - That in all patents for lands hereafter taken up under any of the land laws of the United States or on entries or claims validated by this act, west of the one hundredth meridian it shall be expressed that there is reserved from the lands in said patent described a right of way thereon for ditches or canals constructed by the authority of the United States.
Página 109 - ... and the right of way for the construction of ditches and canals for the purposes 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.
Página 295 - Whenever fifty, or a majority of the holders of title or evidence of title, to lands susceptible of one mode of irrigation from a common source and by the same system of works...
Página 139 - 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.
Página 100 - Priority of appropriation shall give the better right as between those using the water for the same purpose; but when the waters of any natural stream are not sufficient for the service of all those desiring the use of the same, those using the water for domestic purposes shall have the preference over those claiming for any other purpose, and those using the water for agricultural purposes shall have preference over those using the same for manufacturing purposes.
Página 45 - 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...
Página 142 - Provided, That if any section of said canal, or ditch, shall not be completed within five years after the location of said section, the rights herein granted shall be forfeited as to any uncompleted section of said canal, ditch, or reservoir, to the extent that the same is not completed at the date of the forfeiture.
Página 142 - That the provisions of this act shall apply to all canals, ditches, or reservoirs, heretofore or hereafter constructed, whether constructed by corporations, individuals, or association of individuals, on the filing of the certificates and maps herein provided for. If such ditch, canal, or reservoir has been or shall be constructed by an individual or association of individuals, it shall be sufficient for such individual or association of individuals to file with the Secretary of the Interior, and...
Página 141 - States, file with the register of the land office for the district where such land is located a profile of its road; and, upon approval thereof by the Secretary of the Interior, the same shall be noted upon the plats in said office, and thereafter all such lands over which such right of way...