...of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation...manufacturing purposes subject to existing rights. Said declaration shall describe particularly said one-half section of land if surveyed, and, if unsurveyed,...

...water over and above water actually appropriated and used by persons on entries made under this Act, together with the water of all lakes, rivers and other...manufacturing purposes subject to existing rights." (d) This Act shall not be construed as repealing any law not listed in this section. United States...

...declared that: * "* * * all surplus water over and above such actual appropriation and use, to-' gether with the water of all lakes, rivers, and other sources...manufacturing purposes subject to existing rights." " In summarizing the legal consequences flowing from the Acts of 1866, 1870 and 1877, the Supreme Court...

...separately from the land, the Congress, pursuant to its unquestionable authority, provided in 1877 that "the water of all lakes, rivers and other sources...held free for the appropriation and use of the public * * * subject to existing rights."189 The language "all * * * other sources of water supply" is broad...

...addition, it provided that all unappropriated water of nonnavigable waterways on the public domain 'shall remain and be held free for the appropriation...manufacturing purposes, subject to existing rights.' (93) In California-Oregon Power Co. v. Beaver Portland Cement Co. (94) the Supreme Court clarified...

...local customs, laws and court decisions, and declared all unappropriated water would remain subject to "appropriation and use of the public for irrigation,...manufacturing purposes subject to existing rights" (Desert Land Act of 1877, 43 USC, Sec. 321, 1964). The Federal Government's water resources policies...

...land, having provided for diversion and use of water under specified conditions, declared that: "* * * all surplus water over and above such actual appropriation...manufacturing purposes subject to existing rights." " In summarizing the legal consequences flowing from the Acts of 1866, 1870 and 1877, the Supreme Court...

...March 3, 1891. 26 Stat. 1096, Chapter 561, U3 USC §321, is repealed except the following language: "All surplus water over and above such actual appropriation...manufacturing purposes subject to existing rights." or drill for and remove oil and gas upon payment of the damages caused thereby to the owner thereof,...

...water over and above water actually appropriated and used by persons on entries made under this Act, together with the water of all lakes, rivers, and...the public for irrigation, mining, and manufacturing purjKises subject to existing rights." (d) Section 2 of the Act of March 8, 1922, as amended (43 USC...

...(1924). See also Haaser v. Etiglebrccht, 45 SD 143. 186 NW 572 (1924). 04 The act provided "• • * all surplus water over and above such actual appropriation and use, together with the Wiiter of all lakes, rivers nncl other sources of water supply upon the public lands and not imvigacile,...