Relief of Desert Land Entrymen in Arizona: Hearing Before the Subcommittee on Irrigation and Reclamation of the Committee on Interior and Insular Affairs, United States Senate, Eighty-fourth Congress, First Session, on S. 1177, a Bill for the Relief of Desert Land Entrymen Whose Entries are Dependent Upon Percolating Waters for Reclamation. May 27, 1955U.S. Government Printing Office, 1955 - 14 páginas Considers legislation repealing the prior water rights requirement governing desert land claim development patents, especially in Ariz. |
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158 desert land acre Act of March Acting Solicitor Acting Solicitor's opinion allowed or patented April 12 Arizona Supreme Court BARRY GOLDWATER bona fide prior Bureau of Land CARL HAYDEN Chairman Cheatham 75 Ariz Coker Committee on Interior Court of Arizona Department depend upon bona depend upon prior dependent upon percolating Desert Land Act desert land entries desert land entrymen desert land law doctrine of prior doctrine of reasonable EATON enacted entries are dependent entries in Arizona entryman shall depend entrymen whose entries February 23 fide prior appropriation ground water held that percolating HOCHMUTH Idaho Insular Affairs Interior and Insular irrigation land in Arizona Land Management law of Arizona percolat percolating waters prior appropriation doctrine pumping relief of desert requirement right of desert Senator ANDERSON Senator GOLDWATER Senator Hayden statement subcommittee subject to appropriation underground stream underground water United States Senate VALIDITY OF DESERT Washington 25 waters for reclamation WOOZLEY
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Página 5 - ... 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 6 - What we hold is that following the act of 1877, if not before, all nonnavigable waters then a part of the public domain became publici juris, subject to the plenary control of the designated states, including those since...
Página 5 - For many years prior to the passage of the Act of July 26, 1866, c. 262, § 9, 14 Stat. 251, 253, the right to the use of waters for mining and other beneficial purposes in California and the arid region generally was fixed and regulated by local rules and customs. The first appropriator of water for a beneficial use was uniformly recognized as having the better right to the extent of his actual use. The common law with respect to riparian rights was not considered applicable, or, if so, only to...
Página 6 - The fair construction of the provision now under review is that Congress intended to establish the rule that for the future the land should be patented separately ; and that all non-navigable waters thereon should be reserved for the use of the public...
Página 5 - 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...
Página 5 - ... substitution of the rule of appropriation for that of the common law was to have momentous consequences. It became the determining factor in the long struggle to expunge from our vocabulary the legend "Great American Desert," which was spread in large letters across the face of the old maps of the far west.
Página 7 - Under the second doctrine, a prior user of water acquires no right to the quantity of water used. Any subsequent user of water, by drilling a larger well or installing a more powerful pump, can, without liability, drain him dry so long as the water is put to a beneficial use by the subsequent user. I find it impossible therefore to interpret the clause in the Desert Land Act which requires that "the right to the use of water * * * shall depend upon bona fide prior appropriation" as encompassing the...
Página 6 - The Desert Land Act does not bind or purport to bind the States to any policy. It simply recognizes and gives sanction, insofar as the United States and its future grantees are concerned, to the State and local doctrine of appropriation, and seeks to remove what otherwise might be an impediment to its full and successful operation.
Página 5 - The first appropriator of water for a beneficial use was uniformly recognized as having the better right to the extent of his actual use. The common law with respect to riparian rights was not considered applicable, or, if so, only to a limited degree. * * * The rule generally recognized throughout the States and Territories of the arid region was that the acquisition of water by prior appropriation for a beneficial use was entitled to protection * * *
Página 7 - ... the water in advance of the allowance of his entry, then he must furnish, in lieu of the contract, some written assurance from the responsible officials of such district, corporation, or association that, If his entry be allowed, applicant will be able to obtain from that source the necessary water. All applications not accompanied by the evidence above indicated will be rejected.