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Elements of Western Water Law (Classic Reprint)

Chandler, A. E.

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ISBN 10: 1440084475 / ISBN 13: 9781440084478
Published by Forgotten Books
Used Condition: Good Soft cover
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Bibliographic Details

Title: Elements of Western Water Law (Classic ...

Publisher: Forgotten Books


Book Condition:Good

About this title


EARLY DEVELOPMENT OF THE DOCTRINE OF APPROPRIATION. The doctrine of appropriation is one recognized in the law of waters as governing a class of rights markedly distinct from the riparian rights of the common law. It grew out of the occupancy of the public domain during the mining period and is not accepted outside of the western mining and irrigation States. Although of so recent origin as far as our own people are concerned, the following quotation from Clough v. Wing (2 Ariz. 371) shows its long standing in America: And the right to appropriate and use water for irrigation has been recognized longer than history, and since earlier times than tradition. Evidences of it are to be found all over Arizona and New Mexico in the ancient canals of a prehistoric people, who once composed a dense and highly civilized population. These canals are now plainly marked, and some modern canals follow the track and use the work of this forgotten people. The native tribes, the Pimas and Papagos and

Table of Contents

CONTENTS; CHAPTER I; Early Development of The Doctrine of Appropriation---- 1; Congressional Act of 1866 3; California Act of 1872 7; CHAPTER II; Riparian Rights in The Western States 11; Early Decisions 11; States Adopting and Those Rejecting 20; Lateral Limits 22; Riparian Rights Restricted to Riparian Land 26; Summary of Principles 27; CHAPTER III; The Law of Underground Waters 28; Percolating Waters • 28; Contrast of California Rules of Percolating Waters; and of Riparian Rights 35; CHAPTER IV; The Doctrine of Appropriation" 38; Appropriations Not Restricted to Public Lands 38; Waters Open to Appropriation 39; Proceedings to Effect Appropriations 41; Incomplete Appropriations 43; The Measure of The Right 44; Principles of Prior Appropriation 45; CHAPTER V; Loss of Water Rights 47; Abandonment and Forfeiture 47; Adverse Use or Prescription 47; Estoppel 53; Rights of Way by Prescription 65; CHAPTER VI; Water R

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