Water Rights Laws in the Nineteen Western StatesHutchins, Wells A., Harold H. Ellis and J. Peter DeBraal. Water Rights Laws in the Nineteen Western States. [Washington, D.C.]: United States Department of Agriculture. [1971]. Three volumes. Reprint available July 2004 by The Lawbook Exchange, Ltd. ISBN 1-58477-414-2. Cloth. $350. * Rights to the use of water from surface and underground sources are often crucial in the seventeen contiguous Western states, Alaska and Hawaii. This work offers a comparative analysis of the development and status of the constitutional provisions, statutes, reported court decisions and administrative regulations, practices and policies regarding water rights laws in these states. The analysis considers the nature of these water rights and their acquisition, control, transfer, protection and loss. Federal, interstate and international matters are also discussed. |
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Water Rights Laws in the Nineteen Western States (Classic Reprint) Wells A. Hutchins No preview available - 2018 |
Water Rights Laws in the Nineteen Western States (Classic Reprint) Wells A. Hutchins No preview available - 2018 |
Common terms and phrases
acquired adjudication administrative application appropriate water appropriation of water appropriative right appurtenant Ariz beneficial California Supreme Court Canal channel Code Ann Colo Colorado common law Const constitutional County Creek decisions declared diffused surface water discussed Dist Ditch domestic enacted flow ground water Idaho irrigation Kans lake legislation legislature Mexico Mont Montana Supreme Court municipal navigable Nebr Nebraska Okla Oreg Oregon Oregon Supreme Court ownership permit point of diversion prior appropriation priority procedure purposes quantity of water reasonable recognized reservoir riparian doctrine riparian land riparian owner riparian proprietor riparian rights River rule South Dakota Stat statute statutory storage streamflow Supp Supreme Court held Territory of Hawaii Texas Texas Supreme Court United Utah Utah Supreme Court Wash Washington Supreme Court water appropriation Water Code water law water rights water supply watercourse Western Wyoming
Popular passages
Page 106 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contra-distinction from the navigable waters of the States, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water.
Page 114 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Page 131 - The State of Washington asserts its ownership to the beds and shores of all navigable waters in the state up to and including the line of ordinary high tide, in waters where the tide ebbs and flows, and up to and including the line of ordinary high water within the banks of all navigable rivers and lakes: Provided, That this section shall not be construed so as to debar any person from asserting his claim to vested rights in the courts of the state.
Page 173 - ... 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.
Page 119 - Thus the power of Congress to promote the general welfare through large-scale projects for reclamation, irrigation, or other internal improvement, is now as clear and ample as its power to accomplish the same results indirectly through resort to strained interpretation of the power over navigation.
Page 169 - When our people learn that the necessity for labor is a blessing rather than a curse ; that ' he who causes two blades of grass to grow where but one grew before...
Page 118 - It extends to those activities intrastate which so affect interstate commerce or the exercise of the power of Congress over it as to make regulation of them appropriate means to the attainment of a legitimate end, the exercise of the granted power of Congress to regulate interstate commerce.
Page 166 - Wherever they went they carried with them that love of order and system and of fair dealing which are the prominent characteristics of our people. In every district which they occupied they framed certain rules for their government by which the extent of ground they could severally hold for mining was designated and their right to such ground secured and enforced and contests between them either avoided or determined.