Federal Water Rights Legislation |
From inside the book
Results 1-5 of 15
Page
... clear that our problems arise principally because we have a system of dual control of the Nation's streams and I wanted to know if there was some way we could develop a reasonable accom- modation of our divergent State and National ...
... clear that our problems arise principally because we have a system of dual control of the Nation's streams and I wanted to know if there was some way we could develop a reasonable accom- modation of our divergent State and National ...
Page 8
... clear . " Ibid . at 456 . 43 Ibid . at 447 f . 44 Ibid . at 444 f . 45 Supra , note 26 . The creation of any obstruction , not affirmatively authorized by 8 FEDERAL WATER RIGHTS LEGISLATION "And five acts of Congress_ Four Supreme Court ...
... clear . " Ibid . at 456 . 43 Ibid . at 447 f . 44 Ibid . at 444 f . 45 Supra , note 26 . The creation of any obstruction , not affirmatively authorized by 8 FEDERAL WATER RIGHTS LEGISLATION "And five acts of Congress_ Four Supreme Court ...
Page 9
... clear that Congress , while directing the Secretary of the Interior to pro- ceed in conformity with local law in acquiring rights to the use of water for irrigation , was not waiving certain basic rights which the United States might ...
... clear that Congress , while directing the Secretary of the Interior to pro- ceed in conformity with local law in acquiring rights to the use of water for irrigation , was not waiving certain basic rights which the United States might ...
Page 14
... clear enough- it is that of an era in which , to repeat , the States were pretty much free to do with their available water supplies as they pleased . But the Federal interest was not entirely dormant even before 1890 . The value of our ...
... clear enough- it is that of an era in which , to repeat , the States were pretty much free to do with their available water supplies as they pleased . But the Federal interest was not entirely dormant even before 1890 . The value of our ...
Page 15
... clear break from the English rule . The first judicial steps toward the abandonment of the " ebb and flow " rule and the adoption of the " navigable in fact " rule were taken by the State courts.81 It was not until 1852 that the Supreme ...
... clear break from the English rule . The first judicial steps toward the abandonment of the " ebb and flow " rule and the adoption of the " navigable in fact " rule were taken by the State courts.81 It was not until 1852 that the Supreme ...
Common terms and phrases
82d Cong 84th Cong acquired act of July administration application appropriation authority beneficial bills California Chilson claims Colorado commerce clause compensation compliance conflict Congress congressional Constitution construction Department of Justice Desert Land Act distribution of water doctrine effect enactments exercise extent Federal agencies Federal Government Federal Power Act Federal Power Commission flood control flow Hiwassee River hydroelectric Indian Insular Affairs interests Interior and Insular interstate stream involved Iowa irrigation jurisdiction legislation license ment navigable capacity navigable stream navigable waters navigation servitude Nebraska nonnavigable note 90 Oregon owner ownership power to regulate problem proposal provisions public domain public lands purposes question Reclamation Act regulate commerce require respect riparian River rule Secretary statutes stream system supra supremacy clause thereof tion treaties Twin City Power U.S. Supreme Court unappropriated water United vested rights water law water resources water rights water users Western withdrawal or reservation Wyoming
Popular passages
Page 6 - Commission will be best adapted to a comprehensive plan for improving or developing a waterway or waterways for the use or benefit of interstate or foreign commerce, for the improvement and utilization of water power development, and for other beneficial public uses, including recreational purposes...
Page 9 - That nothing in this Act shall be construed as affecting or intended 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 15 - ... exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction, including all seizures under laws of impost, navigation or trade of the United States, where the seizures are made, on waters which are navigable from the sea by vessels of ten or more tons burthen, within their respective districts as well as upon the high seas...
Page 11 - means those parts of streams or other bodies of water over which Congress has jurisdiction under its authority to regulate commerce with foreign nations and among the several states, and which either in their natural or improved condition, notwithstanding interruptions between the navigable parts of such streams or waters by falls, shallows, or rapids compelling land carriage, are used or suitable for use for the transportation of persons or property in interstate or foreign commerce...
Page 3 - First, that in the absence of specific authority from Congress a State cannot by its legislation destroy the right of the United States, as the owner of lands bordering on a stream to the continued flow of its waters ; so far at least as may be necessary for the beneficial uses of the government property.
Page 21 - The use for navigation, in connection with the operation and maintenance of such works herein authorized for construction, of waters arising in States lying wholly or partly west of the ninety-eighth meridian shall be only such use as does not conflict with any beneficial consumptive use, present or future, in States lying wholly or partly west of the ninety-eighth meridian, of such waters for domestic, municipal, stock water, irrigation, mining, or industrial purposes.
Page 14 - 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 14 - The navigable waters leading into the Mississippi and St. Lawrence, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of said territory as to the citizens of the United States, and those of any other States that may be admitted into the Confederacy, without any tax, impost, or duty therefor.
Page 3 - ... provided however that the right to the use of water by the person so conducting the same, on or to any tract of desert land of six hundred and forty acres shall depend upon bona fide prior appropriation: and such right shall not exceed the amount of water actually appropriated, and necessarily used for the purpose of irrigation and reclamation; and all surplus water over and above such actual appropriation and use, together...
Page 18 - ... 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.