By Webster D. L.
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The territorial legislature in 1864 expressly recognizes the doctrine. ” Session Laws of 1864, p. 68, § 32. The priority of right mentioned in this section is acquired by priority of appropriation, and the provision declares that appropriations of water shall be subordinate to the use thereof by prior appropriators. This provision remained in force until the adoption of the constitution; it was repealed in 1868, but the repealing act reenacted it verbatim. But the rights of appellee were acquired, in the first instance, under the acts of 1861 and 1862, and counsel for appellants urge, with no title skill and plausibility, that these statutes are in conflict with our conclusion that priority of right is acquired by priority of appropriation.
This resulted in riparian laws that regulated how individuals or businesses used the water flowing past their property. In this case, which concerned the use of water on agricultural lands, water was treated as a part of land, thus subject to property rights law. , Appellants, v. JAMES B. HAGGIN et al. THE KERN RIVER LAND AND CANAL COMPANY, Respondent Supreme Court of California 69 Cal. 255 April 26, 1886 VIII. It has never been held by the Supreme Court of the United States, or by the Supreme Court of this state, that an appropriation of the water on the public lands of the United States (made after the act of Congress of July 26, 1866, or the Amendatory Act of 1870) gave to the appropriator the right to the water appropriated, as against a grantee of riparian lands 25 Water Rights and the Environment in the United States under a grant made or issued prior to the act of 1866; except in a case where the water so subsequently appropriated was reserved by the terms of such grant.
Pawtucket, RI: Randall Meacham. ANALYSIS During the colonial period, the English colonies determined water rights according to the English common law. Under that system, men who owned land along a stream or river also owned the right to use the water flowing downriver. This system worked well until citizens of the United States began the process of industrialization. People began making the waters work for them by constructing water-powered mills. The industrial use of water did not conform well to the traditional tenets of English common law; thus, a modified riparian system was needed.
An Approximate Law of Energy Distribution in the General X-Ray Spectrum(en)(4s) by Webster D. L.