 | Law - 1875 - 438 pages
...waters to the extent, in quantity and quality, necessary for the uses to which the water is applied. (2) What diminution of quantity, or deterioration in quality,...depend upon the special circumstances of each case ; and in controversies between him and parties subsequently claiming the water, the question for determination... | |
 | United States. Supreme Court - Law reports, digests, etc - 1875 - 750 pages
...Nevada, 274. Opinion of the court. will constitute an invasion of the rights of the first ;ipilropriator will depend upon the special circumstances of each...render the water unfit for drink or domestic purposes, whilst it would not sensibly impair its value for mining or irrigation. In all controversies, therefore,... | |
 | Law reports, digests, etc - 1875 - 788 pages
...waters to the extent, in quantity and quality, necessary for the uses to which the water is applied. What diminution of quantity, or deterioration in quality,...depend upon the special circumstances of each case; and in controversies between him and parties subsequently claiming the water, the question for determination... | |
 | Chauncey F. Black, Samuel B. Smith - Constitutional history - 1881 - 556 pages
...water, as to extent, follows the nature of the appropriation, or the uses for which it is taken. " What diminution of quantity, or deterioration in quality,...render the water unfit for drink or domestic purposes, whilst it would not sensibly impair its value for mining or irrigation. In all controversies, therefore,... | |
 | Dennis Kingsley Sickels - Mining law - 1881 - 704 pages
...waters to the extent, in quantity and quality, necessary for the uses to which the water is applied. 2. What diminution of quantity, or deterioration in quality,...depend upon the special circumstances of each case; and in controversies between him and parties subsequently claiming the water, the question for determination... | |
 | Robert Stewart Morrison - Mining law - 1883 - 768 pages
...further diversion. McDonald v. Bear River Co., 639 3. What will constitute invasion of lealer rights. — What diminution of quantity or deterioration in quality...depend upon the special circumstances of each case; and in controversies between him and parties subsequently claiming the water, the question tor determination... | |
 | United States. Supreme Court - Law reports, digests, etc - 1885 - 914 pages
...nature of the appropriation or the uses for which it is taken. See.also, LobdeUv. Simpion, 2 Nev.. 274. What diminution of quantity, or deterioration in quality,...constitute an invasion of the rights of the first appropriates will depend upon thespecialcircumstancesof each case, considered with reference to the... | |
 | Clesson Selwyne Kinney - Irrigation - 1894 - 854 pages
...this point the Supreme Court of the United States, in the case of Atchison vs. Peterson,2 holds: That what diminution of quantity or deterioration in quality,...considered with reference to the uses to which the water is appropriated. A slight deterioration in quality might render the water unfit for drinking or domestic... | |
 | Robert Stewart Morrison - Mining law - 1894 - 712 pages
...against further diversion. McDonald v. Bear River Co., 1, 639 3. What will constitute invasion of water rights of the first appropriator will depend upon the special circumstances of each case; and in controversies between him and parties subsequently claiming the water, the question for determination... | |
 | Law reports, digests, etc - 1896 - 922 pages
...the court, after citing and reviewing certain cases in the courts of California and Nevada, said : " What diminution of quantity, or deterioration in quality,...reference to the uses to which the water is applied. In all controversies, therefore, between him and parties subsequently claiming the water, the question... | |
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What diminution of quantity, or deterioration in quality, will constitute an invasion of the rights of the first appropriator, will depend upon the special circumstances of each case, considered with reference to the uses to which the water is applied. 
