Study of the Development, Management, and Use of Water Resources on the Public Lands, Volumes 1-2The Commission, 1969 - Public lands |
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Page 158
... decision in 1963 in Arizona v . California then have been differ- ent ? How would the legislation or the decision have been different if the Colorado were neither navigable nor a tributary to a navigable river ? Federal commerce power ...
... decision in 1963 in Arizona v . California then have been differ- ent ? How would the legislation or the decision have been different if the Colorado were neither navigable nor a tributary to a navigable river ? Federal commerce power ...
Page 161
... decisions were the exclusive devices for determining interstate water rights . The Supreme Court's 1963 Colorado River decision upheld congressional power to allocate water , intrastate , as well as interstate , and has a major impact ...
... decisions were the exclusive devices for determining interstate water rights . The Supreme Court's 1963 Colorado River decision upheld congressional power to allocate water , intrastate , as well as interstate , and has a major impact ...
Page 162
... decisions which define and delimit the federal reservation doctrine . Finally , there is every incentive to tend to be reasonable , to avoid litigation by compro- mise and alternative solutions , and to press for appellate decisions ...
... decisions which define and delimit the federal reservation doctrine . Finally , there is every incentive to tend to be reasonable , to avoid litigation by compro- mise and alternative solutions , and to press for appellate decisions ...
Page 164
... decision was affirmed by the Supreme Court of Utah after appeal by the United States . 11 / The United States did not seek review by the United States Supreme Court , which is some indication However , appraisal that the United States ...
... decision was affirmed by the Supreme Court of Utah after appeal by the United States . 11 / The United States did not seek review by the United States Supreme Court , which is some indication However , appraisal that the United States ...
Page 165
... decision provoked a sharp dissent from Justice William O. Douglas , but it is deeply significant that the division of the Court did not relate to the Oregon contention . He wrote : I assume that the United States could have recalled its ...
... decision provoked a sharp dissent from Justice William O. Douglas , but it is deeply significant that the division of the Court did not relate to the Oregon contention . He wrote : I assume that the United States could have recalled its ...
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Common terms and phrases
11 western acquired acre-feet acres adjudication administrative Agriculture Amendment application appropriation areas Arizona authority average annual Bureau of Land California Cascade Range cent Colorado Region Colorado River Commission Congress Desert Land Act drained federal agencies Federal Government Federal Power Federal Power Act Fish and Wildlife Forest Service lands Idaho inches Indian reservations Interior irrigated lands irrigation jurisdiction Land Management lands legislation ment Mexico Montana Mountains National Forest lands National Park Service navigable Nevada nonfederal Oregon Pelton Pickett Act portion precipitation present programs public domain public domain lands public lands purposes recreation reservation doctrine reserved lands reserved water right riparian River basin runoff Secretary Section sediment Soil Conservation Service Stat statute stream supra note Supreme Court Taylor Grazing Act tion Total United Utah water law water requirements Water Resource Region water supply water yield characteristics watershed watershed rehabilitation withdrawal Wyoming
Popular passages
Page 183 - It is one of the happy incidents of the Federal system that a single courageous State may, if its citizens choose, serve as a laboratory, and try novel social and economic experiments without risk to the rest of the country.
Page 260 - That whenever by priority of possession rights to the use of water for mining, agricultural, manufacturing, or other purposes have vested and accrued and the same are recognized and acknowledged by the local customs, laws, and the decisions of courts, the possessors and owners of such vested rights shall be maintained and protected in the same...
Page 343 - Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder, and the Secretary of the Interior, in carrying out the provisions of this act. shall proceed in conformity with such laws...
Page 266 - ... 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 343 - That nothing in this act shall be construed as affecting or intending to affect, or to in any way interfere with the laws of any State or Territory relating to the control, appropriation, use, or distribution of water used in irrigation, or any vested right acquired thereunder...
Page 262 - Provided, that no such right of way shall be so located as to interfere with the proper occupation by the government of any such reservation, and all maps of location shall be subject to the approval of the department of the government having jurisdiction of such reservation, and the privilege herein granted shall not be construed to interfere with the control of water for irrigation and other purposes under authority of the respective states or territories.
Page 276 - What we hold is that following the act of 1877, if not before, all nonnavigable waters then a part of the public domain became public! juris, subject to the plenary control of the designated states...
Page 259 - All valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, are hereby declared to be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States...
Page 565 - States as a defendant in any suit (1) for the adjudication of rights to the use of water of a river system or other source, or (2) for the administration of such rights, where it appears that the United States is the owner of or is in the process of acquiring water rights by appropriation under State law, by purchase, by exchange, or otherwise, and the United States is a necessary party to such suit.
Page 268 - All waters on such reservations may be used for domestic, mining, milling, or irrigation purposes, under the laws of the State wherein such forest reservations are situated, or under the laws of the United States and the rules and regulations established thereunder.