None
Stethem v. Skinner, 204. Stevinson v. San Joaquin & Kings River Canal Co., 271. Stewart v. Austin, 230. Stickney v. Hanrahan, 129, 136. Still V. Palouse Irr. & Power Co., 28, 42, 121, 306. Stimson v. Alessandro Irr. Dist., 302, 304. Stocker v. Kirtley, 170, 275. Stockman v. Leddy, 198. Stockport Waterworks Co. v. Potter, 33. Stoner v. Mau, 172, 178, 182, 260. Stowell V. Johnson, 27, 137. Stowell V. Rialto Irr. Dist., Sft2. Stowell V. Tucker, 146. Story V. Wolverton, 101. Strait V. Brown, 41, 92, 127, 134. Stratton v. West, 175. Strickler v. City of Colorado Springs, 127, 128, 134, 139, 174, 176. Strong V. Baldwin, 53, 147, 175, 195, 238, 260, 269. Struby-Estabrook Merc. Co. v. Davis, 296. i\^'^^" Strutt V. Bovington, 35. Stuart V. Noble Ditch Co., 161. Stufflebeem v. Adelsbach, 147, 159, 181. 596 TABLE OF CASES Sturr V. Beek, 22, 25, 82, 87. Sullivan v. Janes, 121, 275. Sullivan v. Northern Spy Min. Co., 85, 93. Sulloway v. SuUoway, 145. Sunnyside Irr. Dist. v. Stephens, 298. Supply Ditch Co. v. Elliott, 280, 296. Suter V. Wenatchee Water Power Co., 160, 163. Swanger v. Porter, 280, 290. Swank v. Sweetwater Irr. & Power Co., 144, 147, 173. Sweetland v. Olsen, 112, 175. Swift V. Goodrich, 34, 35, 197, 262. Swigart v. Baker, 308. Sylvester v. Jerome, 277. T. T. & Ft. W. R. Co. V. Dotson, 91. Tacoma Eastern R. Co. c. Smithgall, 64, 276. Talbot V. Butte City Water Co., 188, 191. Tanner v. Provo Bench Canal & Irr. Co., 150. Tarpey v. Lynch, 145. Tartar v. Spring Creek Water Co., 73. Tanghenbaugh v. Clark, 114, 115, 121, 122, 133. Taylor v. Abbott, 85, 87, 90, 107. Taylor v. Hulett, 97. Taylor v. Welch, 44. Tellwiede v. Davis, 139, 141. Teeter v. Nampa & Meridian Irr. Dist., 299. Tew V. Powar, 147. Texas In*. Co. v. Moore, 291, 295. Thayer v. California Development Co., 82, 166, 279, 287, 290, 293. The Salton Sea Cases, 163. Thomas v. Blaisdell, 160. Thomas v. Bolsa Land Co., 160. Thomas v. Guirand, 2, 15, 116, 120, 124, 125, 127. Thompson v. McFarland, 299, 300. Thompson v. Pennebaker, 174. Thomdyke v. Alaska Perseverance Mining Co., 12. Thorpe v. Tenem Ditch Co., 28, 85, 87, 102, 281. Thorp V. Field, 72, 73. Thorp V. McBride, 180, 183. Thorp V. Woolman, 198. Tilton V. Sterling Coal & Coke Co., 174. Tobey v. Bridgewood, 113, 148, 156. ToUe V. Correth, 3, 4, 26. Tolman v. Casey, 85, 196, 220, 231. Tonkin v. Winzell, 134. Toohey v. Campbell, 102, 120. TABLE OF CASES 597 Town of Jefferson v. Hicks, 23, 40. Town of Sterling v. Pawnee Ditch Extension Co., 136, 223. Town of Suisun City v. De Freitas, 47, 226, 260. Townsend v. Fulton Irr. Ditch Co., 290. Toyah Valley Irr. Co. v. Winston, 290. Toyaho Creek Irr. Co. v. Hutchinson, 112, 148, 286. Trambley v. Latermann, 21, 142, 186. Travellers Ins. Co. v. Childs, 168, 175, 223. Tregear v. Owens, 303. Trimble v. Heller, 129, 131, 175 Tripp V. Overocker, 149, 150, 151, 152. Tubbs V. Roberts, 129, 260, 272. Tucker v. Jones, 171, 175, 180, 183, 232. Tulare Irr. Dist. v. Shepard, 298, 302. Turley v. Furman, 125. Turlock Irr. Dist. v. Williams, 6, 297, 299, 303. Turpen v. Turlock Irr. Co., 152, 160. Turner v. Eastside Can. & Irr. Co., 55, 66, 188. Turner v. Cole, 175, 183. Turner v. James Canal Co., 31, 35, 42, 56, 66. Twaddle v. Winters, 20, 82, 250. Twin Falls Canal Co. v. Foote, 308. Twin Falls Land & Water Co. v. Lind, 291. Tynon v. Despain, 85, 146, 153, 180, 183. U. Ulbricht v. Eufoula Water Co., 35. Ulrich V. Pateros .Water Ditch Co., 290, 291, 295. Umatilla Irr. Co. v. Bamhart, 6, 285. Umatilla Irr. Co. v. Umatilla Imp. Co , 107, 262. Union Colony v. Elliott, 166, 235, 240. Union Mill, etc., Co., v. Dangberg, 20, 31, 35, 49, 56, 60, 82, 136, 138, 172, 226, 232, 266. Union Mill & Min. Co. v. Ferris,. 4, 31, 35, 56, 57, 65, 66, 80, 82, 188, 196. United States v. Bennett, 102, 136. United States v. Buffalo Pitts Co., 308. United States v. Bunting, 308 . ^ United States v. Burley, 308. United States v. Central, 308. United States v. Conrad Inv. Co., 82, 101, 154, 263. United States Freehold Land & Emigration Co. v. Gallegos, 262, 269. United States v. Healey, 306. United States v. Ingram, 306. United States v. Mackintosh, 306. United States v. Morrison, 101. United States v. O'Neill, 308. United States v. Portneuf Marsh Val. Irr. Co., 154. 598 TABLE OF CASES United States v. Rickey Land & Water Co., 85, 153, 154, 276. United States v. Rio Grande Dam & Irr. Co., 74, 76, 78. United States v. Rio Grande Dam & Irr. Co.,. 21, 70, 74, 76, 82, 96, 154. United States v. Union Gap Irr. Co., 102, 139, 263, 308. United States v. Van Horn, 155. United States v. West Side Irr. Co., 308. United States v. Whitney, 276. Upper Platte & B. Canal Co. v. Ft. Morgan Reservoir & Irr. Co., 244. Utt V. Frey, 119, 180, 183, 185. V. Van Bibber v. Hilton, 58, 103. Van Camp v. Emery, 130, 133, 136. Vanderwork v. Hewes, 45, 46, 93. Van Dyke v. Midnight Sun Mining and Ditch Co., 12. Vansickle v Haines, 20, 31, 70, 80, 86, 196. Ventura Land, etc., Co. v. Meiners, 40. Verdugo Canon Water Co. v. Verdugo, 8, 34, 44, 46, 53, 54, 171, 197. Verheyen v. Dewey, 162. Vernon Irr. Co. v. City of Los Angeles, 34, 71, 175, 188. Vestal V. Young, 145, 153. Vineland Irr. Dist. v. Azusa Irr. Co., 44, 48, 67, 92. Vogel V. Minnesota Canal & Res. Co., 139, 140. W. Wade V. Belmont Irr. Canal, etc , Water Power Co., 295. Wadsworth. Ditch Co. v. Brown, 140. 244. Waha-Lewiston Light & Water Co. v. Lewiston- Sweetwater Irr. Co., 113, 204, 246. Walbridge v. Robinson, 125, 198, 204. Walde V. Wallace, 105. Wallace v. Farmers Ditch Co., 63. Wallace v. Weaver, 231, 262, 272. Walley v. Platte & D. Co., 160. Walker v. Elmore County, 204. Walker v. Livingstone, 188. Walker v. McGuinness, 139, 140. Walnut Irr. Dist. v. Burke, 141. Walsh V. Wallace, 20, 114, 116, 226. Wannamaker v. Pendleton, 223, 296. War^ V. Walker, 85, 139, 158. Washington State Sugar Co. v. Goodrich, . 113, 129, 130, 140. Washington State Sugar Co. v. Sheppard, 265. x Water & Min. Co. v. Bugbey, 82. Water Supply & Storage Co. v. Larimer & Weld Irr. Co., 89, 112, 115, 118, 126, 241, 242, 276. Water Supply & Storage Co. v. Larimer & Weld Res. Co., 133, 134, 135. TABLE OF CASE? 599 Water Supply & Storage Co. v. Tenny, 197, 24i, 276, 283. Watkins Land Co. v. Clements, 4, 26, 33, 35, 51, 52, 191, 262, 266. Watterson v. Saldunbehere, 111, 266. Wattles V. Baker County, 212, 254. Watts V. Spencer, 178, 183, 184, 188, 262, 263, 271. Watson V. Colusa-Parrot Min. & Smelting Co., 275. Watson V. Lawson, 226. Weed V. Goodwin, 148, 151. Weidensteiner v. Mally, 88, 146, 147, 178, 188. Weiderkind v. Tuolumne County Water Co., 161. Weill V. Baldwin, 178. Weiss V. Oregon Iron & Steel Co., 24. Welch V. Garrett, 74, 153, 159. Weldon Valley Ditch Co. v. Farmers Pawnee Canal Co., 115, 123, 220. Wellington v. Beck, 269, 270. Wells V. Kreyenhagen, 110, 115, 122. Wells V. Mantes, 111. Wells V. Price, 296. Welsh V. Bardshar, 260. West V. Taylor, 40. Western Irr. & Land Co. v. Chapman, 288, 289, 294. Western Union Tel. Co. v. Modesto Irr. Dist., 303. West Point Irr. Co. v. Moroni & Mt. P. Irr. Ditch Co., 264, 267. Weston V. Alden, 35, 56. Whalon v. North Platte Canal & Colonization Co., 113, 174, 177, 217. Wheeler v. Northern Colo. Irr. Co., 121, 127, 278, 284, 287, 288, 290, 292, 293. Whitaker v. McBride, 74. White V. Brash, 261. White V. Farmers High Line Canal & Res. Co., 198, 291. White Bros. & Crum v. Watson, 85, 86, 145, 153, 158. White V. McKolb, 183. White V. Nuckolls, 185, 2^2, 231. Whited V. Cavin, 115, 126, 127, 129, 133, 139, 141, 220, 254. Whitehair v. Brown, 63. Whitmore v. Pleasant Valley Coal Co., 154. Whitmore v. Utah Fuel Co., 92, 272. Wiggins V. Muscupiabe Land, etc., Co., 4, 34, 48, 58, 59, 65. Wight V. McGuigan, 299, 303. Wilcox V. Hausch, 117. Wilder v. Board of Directors Southside Irr. Dist., 298, 302. Wiley V. Decker, 29, 70, 74, 78, 97, 141, 273. Wilkins v. McCue, 196. Williams v. Altnow, 24, 31, 103, 129, 139, 141, 306. Williams v. Barter, 90, 175, 261, 266. Williams v. Morehead, 69. ^ Willow Creek Irr. Co. v. Michaelson, 93. 600 TABLE OF CASES Willow Springs Irr, Dist. v. Wilson, 300. Wilkinson v. State, 160, 161, Wilmington Canal & Res. Co. v. Dominguez, 286. Wilson Creek Irr. Co. v. Michaelson, 45. Wilson V. Collin, 260, 262. Wilson V. Eagleston, 262, 269. Wilson V. Perrault, 293. Wilterding v. Green, 198, 279, 288, 292, 293. Wimer v. Simmons, 141. Windsor Res. & Canal Co. v. Hoffman Mining Co., 89. Windsor Reservoir & Canal Co. v. Lake Supply Ditch Co., 105, 232, 276. .Winters v. United States, 74, 101, 306. Wishon V. Globe Light & Power Co., 101, 107, 115. Wold V. May, 176. WolflP V. Pomonia, 231, 237. Wolfskin V. Smith, 85, 93, 94, 107, 183- Wood V. Lowney, 177, 184. Wood V. Etiwanda Water Co., 74, 85, 182, 183, 196. .Woodland v. Portneuf Valley Irr. Co., 160. Woodruff V. Perry, 303. Woods V. Sargent, 105, 121, 129, 237, 240, 241. Wright V. Cruse, 111, 126. Wright V. East Riverside Irr. Dist., 302. Wright V. Platte Val. Irr. Co., 282, 284, 287, 291. Wutchumna Water Co. v. Pogue, 14, 85, 117, 174. Wutchumna Water Co. v. Ragle, 186. Wyatt V. Larimer & Weld Irr. Co., 168, 284, 287, 288, 291. Wyman v. Searle, 300, 304. Wyoming Central Irr. Co. v. Burroughs, 291. X. X. Y. Irr. Ditch Co. v. Buffalo Creek Irr. Co., 244. Y. Yarwood v. West Los Angeles Water Co., 44. Yeager v. Woodruff, 147. Yocco V. Conroy, 49, 176. Young V. E3ctension D. Co., 160, 164. Young V. Hinderlider, 113. Young & Norton v. Hinderlider, 209. Youngs V. Rigan, 113. Yunker v. Nichols, 15, 148. INDEX [References are to Sections.] ABANDONMENT, posting second notice of appropriation not an, 108. turning water into stream as, 117. of ditch without that of water right, 159, 182. delay in applying water as, 123. riparian rights not lost by, 34, 180. appropriator's water rights lost by, 180. ditch rights lost by, 180. distinguished from nonuser, 181. what constitutes, 183. transfer of water right as, 184. proof of, 185. ABSORPTION, loss of water by, 48, 56, 62, 66. allowance for, 129. ACCIDENT, delay in applying water caused by, 122. ACEQUIAS, in Arizona and New Mexico, 13, 21, 199, 209. ACTIONS FOR INTERFERENCE WITH WATER RIGHTS, generally, 260, 261. suits in equity, 262. who may maintain, 268. plaintiff's rights must be invaded, 264. parties, 265. joinder of actions and parties, 266. independent diversion by several defendants, 267. venue, 268. pleadings, 269. burden of proof, evidence, 270. defenses, 271. damages, 272. diversion from interstate stream, 273. injuries to ditches, etc., 274. pollution of water, 275. 601 602 INDEX ACTS OF CONGRESS, in general, 305. act of 1866, text of, 81. history of, 80, 81. construction and effect of, 82, 83, 84, 86, 153. act of 1870, text of, 85. construction and effect of, 85, 86, 87, 153. act of 1877 (Desert Land Act), text and construction of, 306. act of 1890, relating to ditches, etc., constructed by United States, 155. act of 1891, granting right of way over public lands, 154. amendments to act of 1891, 154. amending Desert Land Act, 306. act of 1894 (Carey Act), providing for reclamation of desert lands, 307. act of 1902 (Reclamation Act), providing for irrigation projects, 308. act of 1908, amending Desert Land Act, 306. miscellaneous acts of Congress relating to irrigation, 308, note. ADVERSE USER, water right may be acquired by, 186. distinction between acquisition by appropriation and adverse user, 187. user must be adverse, 188. what constitutes adverse user, 188. actual user necessary, 189. user must be uninterrupted, 190. what constitutes interruption, 190. user must continue for prescriptive period, 191. when prescriptive period begins to run, 192. place of user immaterial, 193. adverse claimant need not own land, 193. right acquired limited to use enjoyed, 194, 195. proof of, 195. as between cotenants, 195. none as against United States, 196. title by, as against riparian owner under federal patent, 196. ALASKA, water rights in, 12. INDEX 603 ALIEN, may appropriate water, 102. may take or convey water right from or to citizen, 102. , grant of water right to, not abandonment of right, 184. ADJUDICATION OF WATER RIGHTS, generally, 219. jurisdiction of courts, 220. parties, 221. form of action, 222. by action to quiet title, 223. pleadings, 224. rules as to determining quantity of water to be awarded, 225. decree, in general, 226. certainty and definiteness of decree, 226. conditional decree, 227. decree in suits determining riparian rights, 228. appeals, 229. costs, 230. enforcement of decree, 220, 231. effect of decree, 231. res judicata, 232. as to adjudication proceedings in particular states, see ''Arizona;" 'California;" etc. tti AMENDMENTS, of pleadings in actions for interference, 269. tt AMOUNT OF WATER, see "Quantity of Water.* ANSWER, in actions for interference, 269. APPEALS, in adjudication proceedings generally, 229. in Colorado statutory proceedings, 244. APPLICATION FOR PERMIT, to appropriate water, 113. in Texas, 214. under the Wyoming system, 218. APPLICATION OF WATER (BY APPROPRIATOR), intent to apply water to beneficial use essential to appropriation, 120. water must be applied within reasonable time, 121. what is a reasonable time, 122. gradual application through successive seasons, 123. methods of, 124. see "Place of Use." 604 INDEX APPORTIONMENT, of water by periods, 59. APPROPRIATION OF WATER, doctrine of, in general, 68. not a common-law doctrine, 69. origin of doctrine of, 70. early authorities, 71. doctrine of, a new doctrine, 72. — extension of doctrine to irrigation, 73. foundation of right of appropriator, 74. power of state to authorize appropriation, 11, 75, 79. appropriation upon the public domain, 78, 80. appropriation upon state lands, 77. legislation relating to, 78. constitutionality of statutes authorizing, 79. appropriation under acts of Congress, 80-87. what water may be appropriated, 88-98. on what land an appropriation may be made, 99-101. who may appropriate water, 102, 103. how water is appropriated, 104-124. appropriation defined, 105. elements of a valid appropriation, 105. no constructive appropriation, 121. true test of, 121^ 124. right acquired by appropriation, 127-143. by irrigation companies, 284. see" "Application of Water;" "Appropriator;" "Diversion of Water;" "Irrigation Codes;" "Map and Statement;" "Notice of Appro- priation." APPROPRIATOR, relative rights of, and grantee of public land, 84-87. who may be, 102. need not have title to land, 102. right of, relates back to commencement of work, 126. right of, measured by extent of appropriation, 129. right of, limited to amount of water actually needed or used, 129, 131, 132, 133. right of, to entire flow of stream, 132. right of, to flow of tributaries, 134, 135. not a purchaser within recording acts, 177. cannot claim specific water flowing in channel, 261. see "Appropriation." APPURTENANCE, right of riparian owner to use water is not, 34. water rights as, 168, 169, 175. water right as, passes with conveyance of land, 175. shares of stock in irrigation company not, 296. INDEX 605 ARID REGION, defined, 3. necessity far irrigation in, 3, 26. judicial notice of what territory embraced in, 26. ARIZONA, statement of law of, 13. public control of irrigation in, 199. adjudication proceedings in, 233. ARTESIAN WELLS, rights in, 48, 94. ARTIFiaALLY DEVELOPED WATER, right to, 48, 94, 95. ARTIFICIAL CHANNEL, no riparian rights in, 48, 271. effect of turning water course into, 40. ARTIFICIAL WANT, irrigation as, 4, 128. ASSESSMENT, of damages for right of way, 152. by irrigation districts, 303. ASSIGNEE, of water right may sue for diversion, 263. BANKS, ordinarily essential to water course, 37, 40. right of appropriator to, 158. BED OF STREAM, as element of water course, 37, 40. right of appropriator to, 158. removal of obstructions from, 158. use of, as reservoir, 276. BENEFiaAL USE, see "Application of Water." BOARDS OF CONTROL, see "Public Control;" "State Irrigation Boards. tt BONDS, accivipanying petition for organization of irrigation district, 298. of irrigation districts, 302, 304. BRIDGES, over ditches crossing highways, 165. 606 INDEX BURDEN OF PROOF, that land was public, 82. that no more water was taken from stream than turned in, 117, 270. of negli^^nce in maintenance of ditch, 163. that water right is appurtenant, 169. of abandonment, 185. of adverse user, 195. of ouster of cotenant, 195. in actions for interference, 270. BY-LAWS. of irrigation companies, 283. CALIFORNIA, farm neighborhoods in, 7. statement of law of, 10, 14. origin of doctrine of appropriation in, 10. public control of irrigation in, 200. adjudication proceedings in, 234. CAUFORNLA DOCTRINE, of water rights, 10. CANALS,' see ''Ditches and Canals." CANYON, appropriation of water from, 88. CAPACITY OF DITCH, as determining extent of appropriation, 131, 225. how determined, 225. CAREY ACT, for reclamation of desert lands, 307. CERTIFICATE OF APPROPRIATION, appropriator to receive, 241, 259. CHANGE, of point of diversion, 66, 139, 140. of means of diversion, 139. of place of use, 141, 193. of use to which water is put, 142, 174. CHANNEL, watercourse must have, 40. natural, may be used as ditch, 117. CITY, • may appropriate water, 102. when required to bridge ditches in streets, 165. may purchase water right for municipal purposes, 174. INDEX 607 CITY— Continued may maintain action for diversion of water, 263. control of water, ditches, etc., by, in Utah, 215, note, may be included within irrigation district, 298. CODES, see "Irrigation Codes." COLLATERAL ATTACK, adjudication decree not subject to, 242. organization of irrigation district not subject to, 299. ^ COLORADO, statement of law of, 15. public control of irrigation in, 201, 202. adjudication proceedings in, 235-245. state canals and reservoirs in, 203. COLORADO DOCTRINE, of water rights, 10. - ^ COMMENCING WORK, of appropriation, 114. COMMON LAW, doctrine of riparian rights at, 30, 31. use of water for irrigation at, 35. relation of doctrine of appropriation to, 69-72. not wholly rejected in appropriation states, 15. as to adoption or rejection of common-law doctrine of waters in the several states, see "Arizona," etc. see, also, "Riparian Rights." COMPLAINT, in adjudication proceedings, 223, 224, 239, in action for interference with water rights, 269. in action by irrigation company to condemn water rights and land, 285. COMPLETION OF WORK, of appropriation, 114, 115, CONDEMNATION, of right of way for ditches, etc.,. 4, 148-152, 286, 30.0, 308. of water rights, 4, 11, 19, 285, 300. CONFIRMATION ACTS, for confirmation of bonds issued by irrigation districts, 304. CONGRESS, see "Acts of Congress." CONSTITUTIONAL LAW, Nebraska act of 1895 held constitutional, 20. Oregon Water Code of 1909 held constitutional, 24, 254. 608 INDEX CONSTITUTIONAL LAW— Continued. South Dakota act of 1907 held unconstitutional, 25. constitutionality of statutes authorizing appropriation; orig^inal "Map and Statement" law of Colorado, 79. unconstitutional, 112. statutes providing public control of irrigation held constitutional, 198, 201, 207. adjudication statutes held constitutional, 235, note, 249, 254, 259. irrigation district laws held constitutional, 297. CONSTRUCTIVE APPROPRIATION, no such thing as, 121. CONSUMERS, as parties to suits by or against irrigation companies, 281. right to water as against irrigation company, 288. necessity of demand or tender of price of water, 289. see ''Irrigation Companies." CONTRACTS, right to water acquired by, 178. » ' of irrigation company to furnish water, 291. CONTRIBUTORY NEGLIGENCE, _ in actions for damages caused by ditches, 162. CONVEYANCE, of water rights, 174, 177. of water right with land, 175. ' of water right separate from land, 176. formalities of, 177. COSTS, in adjudication proceedings, 230. COTENANCY, of water rights and ditches, 171, 172. see "Tenants in Common." COUNTY COMMISSIONERS, establishment of water rates by, 293. CUSTOMS, see "Local Customs;" "Miners' Customs." DAMAGES, assessment of, in condemning right of way, 152. caused by ditches, 160-164. in actions for interference with water rights, 264, 272. for injuries to ditches, etc., 274. for pollution of water, 275. caused by reservoirs, 277. for failure of irrigation company to furnish water, 294, 295. INDEX 609 DAMS, right of riparian owner to construct, 63. construction of, by appropriator, 124, 158, 276. DECLARATION OF APPROPRIATION, to be filed for record under Montana statute, 112. DECREE, • in adjudication proceedings, 220, 226. certainty and definiteness required, 226. conditional decree, 227. in suits determining riparian .rights, 228. Enforcement and effect of, 231. as res judicata, 232. in statutory proceedings in Colorado, 241, 242. see "Adjudication of Priorities." DEED, transfer of ditch or water right by, 177. DEFENSES, in actions for interference with water rights, 271. in suit to compel irrigation company to furnish water, 290. in action against irrigation company for failure to furnish water, 294. DEFINITIONS, abandonment, 183. appropriation, 105, 121. arid region, 3. adjudication of priorities (in Colorado), 237. domestic use (under Colorado constitution), 128. duty of water, 130. farming neighborhood (in California), 7. irrigation, 2. percolating waters, 45. riparian lands, 50. riparian owner, 36. riparian rights, 36. subhumid region, 3. watercourse, 37. water right, 2. DESERT LAND ACT, of 1877, 306. I DILIGENCE, see "Reasonable Diligence." DIRECTORS OF IRRIGATION DISTRICTS, powers and duties of, 300. DISTRIBUTION OF WATER, see "Public Control." 610 INDEX DISTRICTS, see "Irrigation Districts;" "Water Districts." DITCH COMPANIES, see "Irrigation Companies." DITCHES AND CANALS, use of natural channel or ravine as, 117. use of, belonging to, or constructed by another, 118. on public land, 119. enlargement of, 150, 153. in or across streets or highways, 157, 165. right of entry for construction and maintenance of, 66, 153, 158. liability for damages caused by, 160-164. property in, 170. co-ownership of, 171, 172. taxation of, 173. abandonment of, 180, 181. injuries to ditches, etc., 274. see "Right of Way." DIVERSION OF WATER, essential to appropriation, 114. reasonable time for, 115. modes of, 115. means of, should be economical, 116, 129. must be with intent to apply to beneficial use, 120. action for unlawful, 260-273. see "Ditches and Canals;" "Point of Diversion." DIVISION see "Water Divisions." DRAINAGE, diversion of water for purpose of, not an appropriation, 120. DUTY OF WATER, defined and considered, 130. EASEMENT,. right of riparian owner not an, 34. over private lands for ditch, 144, 158. oVer public lands, 153. secondary, J. 58. see "Right of Way." EJECTMENT, will not lie to recover watercourse, 262, note. ELECTION, of officers to control acequias, 209. on question of organization of irrigation district, 298. of officers of irrigation district, 298. on issuance of bonds of irrigation districts, 302. INDEX 611 EMINENT DOMAIN, general rules as to exercise of right, 5, 79. see "Condemnation." ENGINEER, irrigation division engineer, in Colorado, 201. water engineer, in Texas, 214. see "State Engineer." ENLARGEMENT, of use of water appropriated, 123, 138. of existing ditch, 150, 153. ENTIRE FLOW OF STREAM, right of riparian owner to consume, 4, 57, 58. right of appropriator to consume, 132. ENTRY, RIGHT OF, for construction and maintenance of ditch, 66, 153, 158. EQUITY, jurisdiction to restrain injury by ditch, 163. jurisdiction to determine water rights, 220. ESTOPPEL, of United States under Act of 1891, 154. of landowner to deny right of entry to irrigator, 158. parol license as, 178. loss of water rights by, 197. to assail decree in adjudication proceedings, 242. EVAPORATION, loss of water by, 48, 56, 62, 66. allowance for, 129. EVIDENCE, testimony of experts as to duty of water, 130. testimony as to capacity and grade of ditches, 225. in actions for interference, 270. see "Burden of Proof ;"" Judicial Notice." EXCHANGE OR LOAN OF WATER, water rights may be exchanged or loaned, 143, 179. FARMING NEIGHBORHOOD, term defined, 7. supplying water to, a public use, 7. FEDERAL COURT, jurisdiction to enjoin diversion of water, 254. jurisdiction of actions affecting interstate streams, 182, 273. removal of cause to, 254. judgments of state courts, when binding on, 291, 304. construction of state law by, not binding on state courts, 304. I 612 INDEX FEDERAL STATUTES, see "Acts of Congress;" "Carey Act;" "Desert Land Act;" "Recla- mation Act." FINDINGS, must be specific and consistent, 226. on conflicting evidence not disturbed on appeal, 229. ' FISHING, riparian ri^ts in respect to preserved, 15. storage for purpose of propagation of fish, 276. FLOW OF WATER, essential to watercourse, 88. FORFEITURE, of water right not favored, 185, see "Abandonment;" "Adverse User;" "Estoppel." FREEHOLD ESTATE, water right is, 168, 244, note. GRANT, as foundation of right of appropriation, 74. see "Transfer." HEADGATE, failure to maintain not necessarily important, 116. may be closed by Colorado water commissioners, 202. HIGHWAYS AND STREETS, ditches in, 157. bridging ditches across, 165. IDAHO, statement of irrigation law of, 16. public control of irrigation in, 204. adjudication proceedings in, 246. establishment of water rates in, 293. ILL HEALTH, of appropriator as excusing delay in diverting water, 115. INCH, as unit of measurement of water, 226. INCREASE, right to increase original appropriation, 123. INDEFINITENESS, of decree, 226. INDEPENDENT ACTION, ! for determining priorities in Colorado, 245. INDEX 613 INDIAN, as riparian owner, 36. appropriation by, 102. INDIAN RESERVATION, appropriation of water on, 101. INJUNCTION, to restrain injuries by ditches, 163. INTENT, to apply water to beneficial use, 120. ' to abandon water right, 183. INTERNAI^ IMPROVEMENTS, state canals and reservoirs as, 203. ditches and canals as, 207, 286, note, public reservoir as, 276. INTERRUPTION, of adverse user, 190. IIJTERSTATE STREAMS, appropriation from, 97, 98. actions affecting, 82, 273. IRRIGATION, defined, 2. necessity for, 3. natural or artificial want, 4. IRRIGATION CODES, adoption of, 11. appropriation under, 113. IRRIGATION COMPANIES, generally, 278. classes of, 278. public service companies, 279. 287. distribution of water by, a public use, 279. mutual ditch companies, 280. powers of, generally, 281. are trustees for stockholders and consumers, 281, parties to suits, 281. by-laws and regrulations, 282. acquisition of water rights by, 283. appropriation of water by, 284. condemnation of water rights by, 285. acquisition of right of way, 286. are private corporations, 287. as public carriers of water, 287. duty of, to furnish water to consumers, 288. 614 INDEX IRRIGATION COMPANIES— Continued, contracts for water rights, 291. liability of, for failure to furnish water, 294. measure of damages for failure to furnish water, 295. see "Consumers;" "Mandamus;" "Water Rates;" "Stock." IRRIGATION DISTRICTS,. generally, 297. constitutionality of laws providing for, 297. organization of, 298. corporate nature of , 299, 303. board of directors, powers and duties of, 800. suits by and against, 301. bonds of, 302. ^ assessments, 303. mandamus to compel assessment, 303. proceedings to confirm bonds, 304. IRRIGATON LAW, rise and growth of, 9. two systems of, 10. JOINDER OF ACTIONS AND PARTIES, in actions for diversion of water, 266. JUDICIAL NOTICE, of necessity for irrigation, 3, 26. of what territory of Texas is arid, 26. of local customs, laws, andr decisions, 83. of existence of irrigation districts, 299. JURISDICTION, of federal government over public domain, 80. of federal government" over navigable streams, 96. of courts- in adjudication proceedings, 220. , of adjudication proceedings in Colorado, 238. of equitable suits for interference with water rights, 262. of actions affecting interstate streams, 273. of federal courts, 273. as to jurisdiction of administrative officers see sections relating to Public Control. See also "Equity." ^. KANSAS, statement of law of, 17. public control of irrigation in, 205. adjudication proceedings in, 247. LAKES, PONDS, ETC. water rights in, 42, 88, note. appropriation from stream issuing from lake, 134. INDEX - 615 LESSEiEy of reservoir liable for damages caused by it, 277. see "Tenant." LICENSE, parol license to maintain ditch, 146. to divert water, 178. LOAN OR EXCHANGE, of water, 143, 179. LOCAL CUSTOMS, LAWS AND DECISIONS, right of appropriation on public land established by, 80-85. judicial notice of, 83. MANDAMUS, to compel water company to bridge ditch, 165. to compel administrative officers to act, 198, 202^ 204. to compel irrigation company to furnish water, 290. to compel irrigation district to levy assessment, 303. MAP, of ditch, etc., to be filed for record, 112. MASTER, court of equity may refer cause to a, 225. MAXIMS, aqua currit et debet currere ut currere solebat, 31, note. de minimis lex non curat, 31, note. cujus est solum ejus est v^que ad ad caelum, 45. sic utere tuo ut alienor non laedas, 160, note. MEANS, of diverting and conducting water, 116, 119. change of, 139. MEASUREMENT OF WATER, ' in adjudication proceedings, 220, note, 225, 226. by state engineer, 201, 209, 211, 212, 215. MECHANICS' LIENS, on ditches and canals, 170. MEXICAN LAW, older law of Arizona and New Mexico founded on, 13, 21. influence of, in general, 71. MINERS' CUSTOMS, appropriation under, 70. MINERS' INCH, as unit of measurement, 226. / 616 INDEX MONTANA, statement of law of, 18. public control of irrigation in, 206. adjudication proceedings in, 248. MUNiaPAL CORPORATIONS, irrigation districts as, 229. see "City." MUTUAL IRRIGATION COMPANIES, generally, 280. NATURAL CHANNEL, may be used as part of ditch, 117. NATURAL OVERFLOW, irrigation by, 2, 124. NATURAL WANT, irrigation as a, 4. to be preferred to' other uses, 4, 128. consumption of entire stream for, 67. NAVIGABLE STREAMS, federal control of, 96. appropriation of water of ^ 96. NEBRASKA, statement of law of, 19. public control of irrigation in, 207. adjudication proceedings in, 249. NEGLIGENCE, liability for damages from ditches caused by, 160, 161. proof of, not necessary in action for damage by reservoir, 277. NEVADA, statement of law of, 20. public control of irrigation in, 208. adjudication proceedings in, 250. NEW APPROPRIATION, appropriator may make, 138. of abandoned water, 180. NEW MEXICO, statement of law of, 21. public control of irrigation in, 209. adjudication proceedings in, 251. NONUSER, riparian rights not lost by, 34, 180. rights of appropriator lost by, 180. INDEX 617 NORTH DAKOTA, statement of law of, 22. public control of irrigation in, 210. adjudication proceedings in, 252. NOTICE OF APPROPRIATION, required in some states, 106. what is sufficient notice, 107. posting second notice not abandonment, 108. rights secured by notice, 109. notice and record thereof as evidence, 110. appropriation without posting notice, 111. NUISANCE, irrigating ditch not necessarily a, 160. pollution of water as a, 275. OBSTRUCTIONS, REMOVAL OF, right to increased flow of water caused by, 117. right of entry for, 158. court of equity may require, 262. OKLAHOMA, statement of law of, 23. public control of irrigation in, 211. adjudication proceedings in, 253. OREGON, statement of law of, 24. public control of irrigation in, 212. adjudication proceedings in, 254. OUTLET, of watercourse, 41. PAROL, license to maintain ditch, 146. transfers of ditch or water right, 177. license to use water, 178. PARTIES, • in action against ditch company for negligence, 161. in adjudication proceedings, 221. in actions for interference with water rights, 265. PARTITION, of riparian land, 53, 171. PATENTEE OF LAND, relative rights of appropriator, on public land, 84-86. when rights of, attach, 87, 196. 618 INDEX PERCOLATING WATERS, in general, 45. defined, 45. California doctrine of, 46. appropriation of, 93. PERCOLATION, wrongful diversion by means of, 261. PERIODS, apportionment of water by, 59, 172. use of water by, 137. PERSONAL PROPERTY, water as, 167. stock in irrigation company is, 296. PETITION, for reargument of adjudication in Colorado, 243. for mandamus to compel irrigation company to furnish water, 290. for organization of irrigation district, 298. PLACE OF USE, by riparian owner, 49-54. by appropriator, 125. change of, by appropriator, 141. immaterial in^ acquiring prescriptive right, 193. PLEADINGS, in actions to quiet title, 233. in adjudication proceedings, 224, 239. in actions for interference, 269. POINT OF DIVERSION, by riparian owner, 66. change of, 66, 139, 140. POINT OF RETURN, by riparian owner, 66. POLLUTION OF WATER, action for, 275. POVERTY OF APPROPRIATOR, as excuse for delay in diverting water, 115. PRESCRIPTION, no right acquired by, to be negligent in management of ditch, 161. see "Adverse User." PRIORITY, as between different uses of water, 60, 128. doctrine of, 70, 127. origin of doctrine of, 70. INDEX 619 PRIORITY— Continued. as between appropriator and settlers on or grantees of public land, I 84-86. ^ as between appropriators using same ditch, 171. see "Adjudication of Water Rights." PRIVATE LAND, appropriation of water on, 100. PRORATING ACT, in Colorado, 202. PUBLIC CARRIERS, irrigation companies as, 287. PUBLIC CONTROL OF IRRIGATION, in full, 198-218. water subject to control of state, 198, 217. PUBUC CORPORATIONS, irrigation districts as, 299. PUBLIC DOMAIN, what constitutes, 80. see "Public Lands." PUBLIC LANDS, appropriation of water on, 78, 80. burden of proving that land is public, 82. how existence of water right on, determined, 83. ditches and canals on, 119. grant of subject to vested water rights, 85. right of way over, 153, 154. may be included in irrigation districts, 298. PUBLIC SERVICE CORPORATION, irrigation company as, 279. PUBLIC USE, use of water for irrigation as, 5-8, 148, 279. PUMPS, may be used to raise water, 54, 116. PURPOSE, appropriation must be for useful, 120. of use may be changed, 142, 174. QUANTITY OF WATER, that may be claimed by riparian owner, 55-58. that may be claimed by appropriator, 129-133. how far determined by capacity of ditch, 131, 225. determination of, 'in adjudication proceedings, 225. QUIETING TITLE, action for, 223. 620 INDEX RATES, see "Water Rates." RAVINE, use of, as part of ditch, 117. REALTY; REAL ESTATE, riparian water rights as part of, 34. water right is, 168, 223. REASONABLE DILIGENCE, water must be diverted with, 115. water must be applied with, 121. REASONABLE TIME, water to be diverted within, 115. water to be applied within, 121. REASONABLE USE, of water by riparian owner, 56, 57. bearing of point of diversion or return on, 66. of water by appropriator, 136. RECAPTURE, of water turned into stream, 117. RECLAMATION ACT, of 1902, 308. RECORDING, of notice of appropriation, 106. of map and statement of appropriation, 112. REFEREE, proceedings before under Colorado, adjudication acts, 240. RELATION, DOCTRINE OF, right of appropriator relates back to commencement of work, 126. how affected by statutes requiring notice of appropriation, 111. how affected by Irrigation Codes, 113. REPAIR; REPAIRS, ditch must be kept in, 160. right of entry for, 158. of enlarged ditch, 150, 153. ' liability of cotenants for, 172. RES JUDICATA, application of doctrine of, 232, 242. RESERVATIONS, appropriation of water on, 101. RESERVOIRS, sites on public land for, 154. construction of, 276. INDEX 621 RESERVOIRS— Continued. as internal improvements, 276. use of natural depression or bed of stream as, 276. liability for damages caused by, 277. RETURN OF WATER TO STREAM, by riparian owner, 65, 66. REVIEW OR REARGUMENT, in adjudication proceedings, 243. RIGHT OF ACTION, for diversion of water, when it accrues, 192. between cotenants, 172. RIGHT OF WAY, for ditches, etc., acquisition of, in general, 144. acquisition of by contract, 145. parol license for, 146. acquisition of by prescription or estoppel, 148. condemnation of, 148-152. over public lands, 153-155. over state lands, 156. abandonment of, 159. acquisition of by irrigation companies, 286. acquisition of by irrigation districts, 300. see "Ditches and Canals." RIPARIAN LANDS, riparian rights confined to, 49. defined, 50. land lying beyond water shed, 51. enlargement of original area, 52. effect of sale or partition of, 53. RIPARIAN PROPMETOR, use of water by, generally, 4. general nature of right of, 34. has no property in water of stream, 34. equality of rights of several proprietors, 56, 58. who is a, 36. extent of right to use water, 55-58. right of is property, 34, 79, 166. appropriation by, 103. see "Riparian Rights." RIPARIAN RIGHTS, doctrine of, basis of one system of irrigation law, 10. statement of doctrine of, 31. foundation of, 33. defined, 36. 622 INDEX RIPARIAN RIGHTS— Continued. in what states doctrine of in force, 10, 32. doctrine of as to irrigation liberal in arid states, 31, 56. not dependent on user, 34. transfer of, 34, 174, 176. condemnation of, 11, 19, 34, 79, 285. limited to riparian lands, 49. severance of from land, 34, 176. what waters are subject to, 37-48. in artificial channel, 40, 48, 271. loss by prescription, 186. see "Riparian Lands," "Riparian Proprietor." ROMAN LAW, influence of in law of waters, 34, 71. ROYALTY, exaction of by irrigation companies, 293. RUNNING WATER, no property in, 166. SALE, see "Transfer." SCHOOL LANDS, appropriation of water on, 82. SECONDS-FOOT, as unit of measu^ment of water, 226. SECONDARY EASEMENTS, in connection with right of way, 158. SECRETARY OF INTERIOR, powers of, under Carey Act, 307. powers of, under Reclamation Act, 308. SEEPAGE, right of seepage waters, 90. allowance for, 129. salvage of, 48, 95. injury caused by, 160. SETTLERS ON PUBLIC LAND, rights protected as against appropriator, 86, 87. SOURCE OF SUPPLY, as part of water course, 39. SOUTH DAKOTA, statement of law of, 25. public control of irrigation in, 213. adjudication proceedings in, 255. SPECULATION, water may not be diverted for purpose of, 120. INDEX 623 SPRINGS, rules governing, 47, 90, 91. SQUATTEI^ cannot claim water, 36, 102. STATE, as riparian owner, 61. may authorize appropriation of water, 75, 76, 77, 79. may not deprive riparian owner of vested rights, 11, 79, 283. may not impair rights of United States on public domain, 76. power of as to navigable waters, 96. control over interstate streams, 97, 98. irrigation subject to control of, 198. water property of, 198. STATE IRRIGATION BOARDS, in different states, 200, 204, 207, 208, .209, 210, 212, 213, 214, 217. STATE CANALS AND RESERVOIRS, in Colorado, 203. STATE ENGINEER, application to, for permit to appropriate water, 113. see references to public control in the several states, "California"; "Colorado"; etc. STATE LANDS, appropriation on, 77. STATEMENT, of appropriation to be filed, 112, 214. STATUTE OF FRAUDS, contracts affecting water rights within, 177, 178. STATUTE OF LIMITATIONS, bar to action for injury by ditch, 163. bar to action for unlawful diversion, 271. - see "Adverse User." STOCK, of mutual irrigation companies, 280. transfer of stock of irrigation companies, 296. STOCKHOLDERS, of mutual irrigation companies, 280. irrigation company trustee for, 281. STORAGE OF WATER, generally, 276. by riparian owner, 64. not permissible by appropriator to prejudice of prior appropriator, 138, 276. see ^'Reservoirs." 624 INDEX STREAMS, water of subject to appropriation, 88. water may be tamed in and taken from, 117. see "Natural Streams"; "Watercourses." STREETS AND fflGHWAYS, ditches in, 157, 165. SUBHUAUD REGION, defined, 3. SUCCESSIVE APPROPRIATIONS, of surplus water, 89, of persons using same ditch, 171. SUIT, see "Action." SUPERINTENDENTS OF IRRIGATION, in Nebraska, 207. -in Oregon, 212. in Utah, 215. in Wyoming, 216. SUPERVISORS, of county to fix water rates, 293. SURPLUS WATER, return of to stream, 65, 133. point of return of, 66. subject to appropriation, 89. appropriator has no right to, 133. TAXATION, of ditches and water rights, 173. TENANT, in possession of land may appropriate water, 102. for years may enjoin imlawful diversion, 263. TENANTS IN COMMON, of ditches and water rights, 171, 172. rights and duties of inter se, 172. possession of one that of all, 172, 183. adverse possession between, 172, 195. suits between, 263. joinder of in action for diversion of water, 266. TEXAS, statement of law of, 26. public control of irrigation in, 214. adjudication proceedings in, 256. TITLE, of patentee relates back, 87. to land not necessary to support appropriation, 102. to land not necessary to support adverse user, 193. INDEX 625 t TOWN, may be included in irrigation district, 298. see "City." TRANSFER, o£ water right by cotenant, 172^ of water rights and ditches, 174-179. of water right with land, 175. of water right separate from land, 176. formalities of, 177. of water right as abandonment, 184. of stock in irrigation company, 296. TRESPASSER, appropriation by, 102. use of water by, as making water right appurtenant, 169. TRIBUTARIES, right of appropriator to flow of, 134, 135. UNDERGROUND STREAMS AND WATERS, in goieral, 43-46. • appropriation of, 92. UNITED STATES, right to appropriate water on public domain derived from, 76. property of, in streams on public domain, 76, 80. control of, over navigable streams, 96. may appropriate water, 102, 308. no prescriptive rights against, 196. may sue to protect water rights, 263, 308. ^ USE OF WATER, natural or artificial, 4. as public use, 5-8, 148, 279. ' by riparian proprietor, 55-58. relative importance of several uses, 60, 128. right of appropriator dependent upon, 120. by appropriator, 120-123. see "Application of Water"; "Change"; "Place of Use"; "Public Use." UTAH, statement of law of, 27. public control of irrigation in, 215. adjudication proceedings in, 257. WASHINGTON, statement of law of, 28. public control of irrigation in, 216. adjudication of proceedings in, 258. 626 INDEX WASTE, of water not permitted, 62. WASTE WATER, may be appropriated, 89. WATER, ordinarily no private property in, 166. as personal property, 16^7. property of public, 198. WATER COMMISSION, in California, 200. WATER COMMISSIONERS, see under "Public Control" in the several states. WATER. COURSE, defined, 37. elements of, 37-41. WATER DISTRICTS AND DIVISIONS, see under "Public Contj-ol" in the several states. WATER MASTERS, see under "Public Control" in the several states. WATER RATES, of irrigation companies, in general, 292. establishment of rates, 293. WATER RIGHT, defined, 2. condemnation of, 4, 11, 19, 285, 300. as property, 166. as real estate, .168. as appurtenances to land, 169. co-ownership of, 171, 172. taxation of, 173. transfer of, 174-179. acquisition of by irrigation companies, 283-285. see "Abandonment"; "Adverse User"; "Appropriation"; "Estoppel"; "Riparian Rights"; etc. WEATHER, bad, as excusing delay in diverting water, 115. WRIGHT ACT, relating to irrigation districts, 297. WYOMING, 'Statement of law of, 29. public control of irrigation in, 217. adjudication proceedings in, 259. \ iH b89088901715a ^ay hn VcT>^ ■■■ ■ I ■■ I ■T" X ' jft5"Li_idd > ■ > «. 