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 157
... result , all our people everywhere are the losers . 3 / These matters as they relate to the public lands of the Nation , pro- vide the central focus of the present study , which combines a legal and engineering analysis of water uses on ...
... result , all our people everywhere are the losers . 3 / These matters as they relate to the public lands of the Nation , pro- vide the central focus of the present study , which combines a legal and engineering analysis of water uses on ...
Page 161
... result , " neither details nor analyzes the source of this congressional power of apportionment " nor its applicability to nonnavigable waters . 9 / Today , the necessity for either Congress or the Court to identify a specifically ...
... result , " neither details nor analyzes the source of this congressional power of apportionment " nor its applicability to nonnavigable waters . 9 / Today , the necessity for either Congress or the Court to identify a specifically ...
Page 164
... result would be one which would permit Montana principles of water law to prevail in the situation . Those rules are more likely In contrast , a solution to be better adapted to resolve the controversy . relying upon the reservation ...
... result would be one which would permit Montana principles of water law to prevail in the situation . Those rules are more likely In contrast , a solution to be better adapted to resolve the controversy . relying upon the reservation ...
Page 165
... result unless the purpose of Congress is clear . 12 / On that assumption , " grant of jurisdiction " is no more than a metaphor describing a result . The concluding sentences of the Douglas dissent are clear when the assumed power of ...
... result unless the purpose of Congress is clear . 12 / On that assumption , " grant of jurisdiction " is no more than a metaphor describing a result . The concluding sentences of the Douglas dissent are clear when the assumed power of ...
Page 166
... result should have centered on ( 1 ) the terms , or ( 2 ) the construction of the Federal Power Act , and not on matters of " doctrine " where the Federal Power Act is in no way involved . As a matter of power , it is clear , a federal ...
... result should have centered on ( 1 ) the terms , or ( 2 ) the construction of the Federal Power Act , and not on matters of " doctrine " where the Federal Power Act is in no way involved . As a matter of power , it is clear , a federal ...
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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.