Water Law Commons^™

Florida's Ground Water: Legal Problems In Managing A Precious Resource, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson

Articles

In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …

Water For All The West, Department Of Water Resources

California Agencies

A speech delivered at Spokane, WA, April 15 ,1966, by Wililam E. Warne, Director, Department of Water Resources.

North Coast Area Investigation. Preliminary Edition, California Department Of Water Resources

California Agencies

With this report, the Department of Water Resources concludes a seven-year reconnaissance investigation of the North Coastal area. This investigation has been part of the department's traditional and continuing activities in planning for statewide water development. The objective of the reconnaissance program was to formulate plans by which the water resources of the region can be integrated with the State's expanding economy through orderly, staged development. The planning emphasis has been directed towards major water conservation projects; however, all aspects of water control and utilization have been considered. The planning framework presented herein is thus multiple-purpose in nature; it provides …

Colorado Encourages Rapid Depletion Of Its Ground-Water Resources, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Land And Water Use In Klamath River Hydrographic Unit. Volume 1: Text, California Department Of Water Resources

California Agencies

The State Legislature requested the Department of Water Resources to make a current inventory of the water resources and water requirements of the State in greater detail and to higher standards than has previously been done. Results of this inventory will be presented in two series of reports covering (l) land and water use, and (2) water resources and water requirements.

This land and water use report covers the watershed of the Klamath River and is the sixth of the Bulletin No. 94 series. This report is a preliminary edition. After a public hearing is held in the Klamath River …

Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson

Articles

The purpose of this article is to assist in the re-examination of Washington water law by looking at the parts of that law encompassed within the labels "riparian" and "appropriation." The first few pages will sketch some of the current trends in water use, showing some of the remarkable differences in use between the first part of the century and today, and between the eastern and western parts of the state. The balance of the article will examine the two systems to see where they are meeting current needs of the state and where they are not. Several questions will …

The Columbia River System, Ralph W. Johnson

Articles

In March, 1959; the International Columbia River Engineering Board submitted its report on the co-operative development of the river to the International Joint Commission. In December, 1959, that Commission submitted to the governments of Canada and the United States its recommendations for apportionment of benefits if co-operative development is undertaken. And thirdly, in the last two years there has been much attention directed at the Peace River development, which is considered by some as competitive with the Columbia. Let us examine the effects of these events on the Columbia River problem. A presentation for Panel II, Current Legal Problems Connected …

Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson

Articles

In spite of the Boundary Waters Treaty of 1909, however, there are at least two reasons why our present topic is pertinent to the Columbia River question; first, there may be a question whether the 1909 treaty really does apply to this situation, and secondly, even if applicable the two countries may for a number of reasons desire not to rely upon its limited provisions for settlement. If the treaty is deemed not to be controlling, then other principles of international law become germane to the dispute, such as the question now before us.

Florida's Lakes: Problems In A Water Paradise, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

Effect Of Existing Uses On The Equitable Apportionment Of International Rivers I: An American View, Ralph W. Johnson

Articles

The dispute between the United States and Canada regarding the apportionment of the Columbia River is not settled. In March 1959, pursuant to the 1944 reference, the International Joint Conimission submitted to the governments of Canada and the United States a comprehensive engineering report on "Water Resources of the Columbia River Basin" prepared by the International Columbia River Engineering Board. This report contains three plans for utilizing the resources of the Columbia. Two of these plans include diversion of part or all of the Kootenay River into the Columbia at Columbia Lakes. All three plans would develop about the same …

Santa Barbara County Water Agency V. All Persons & Parties [Dissent], Jesse W. Carter

Jesse Carter Opinions

Trial court properly declared validity of existence of county water agency and member units, but improperly declared contracts valid because excess land provisions in contracts would have constituted denials of due process and equal protection.

Albonico V. Madera Irrigation Dist. [Dissent], Jesse W. Carter

Jesse Carter Opinions

The land of property owners was entitled to its fair portion of water distributed by a county irrigation district for irrigation purposes where an excess land provision in the district's contract with the United States was improperly included.

Madera Irrigation Dist. V. All Persons [Dissent], Jesse W. Carter

Jesse Carter Opinions

Landowners in a water district did not obtain a vested right appurtenant to their lands, entitling them to the benefits of an irrigation district, just by applying for the appropriation of water for public use, without perfecting that right.

Ivanhoe Irrigation Dist. V. All Parties & Persons [Dissent], Jesse W. Carter

Jesse Carter Opinions

A state held water in trust for the benefit of the water users in an irrigation district, and was therefore not entitled to discriminate among landowners based solely upon the amount of land that they owned.

Florida's Streams -- Water Rights In A Water Wonderland, Sheldon J. Plager, Frank E. Maloney

Articles by Maurer Faculty

No abstract provided.

California Oregon Power Co. V. Superior Court Of Siskiyou County, Jesse W. Carter

Jesse Carter Opinions

Power company was not entitled to peremptory writ to prevent superior court from trying state's action against it when Federal Power Act left states with traditional subject matter jurisdiction, and action merely sought injunction for nuisance.

Gelhaus V. Nevada Irrigation Dist. [Dissent], Jesse W. Carter

Jesse Carter Opinions

In a breach of contract action, fish hatchery owners were not entitled to recover for the loss of fish from an irrigation district as the contract to supply water provided the fish hatchery owners could not use the water for non-irrigation purposes.

Escrow Instructions To The First National Bank Of Nevada Regarding The Transfer Of Las Vegas Water Production From The Union Pacific Railroad To The Las Vegas Valley Water District, June 21, 1954, First National Bank Of Nevada, Los Angeles & Salt Lake Railroad Company, Las Vegas Valley Water District, Las Vegas Land And Water Company (Las Vegas, Nev.), Union Pacific Railroad Company

Publications (WR)

Escrow instructions for the transfer of Las Vegas water production from the Union Pacific Railroad to the Las Vegas Valley Water District. Contract between the Los Angeles & Salt Lake Railroad, the Union Pacific Railroad, and the Las Vegas Land and Water Company.

Surface Water Supply Of The United States, 1933. Part 11, Pacific Slope Basins In California, Nathan Clifford Grover

Federal Documents

Water-supply paper (Washington, D.C.) ; no. 751.

Surface Water Supply Of The United States, 1932. Part 11, Pacific Slope Basins In California, Nathan Clifford Grover

Federal Documents

Also available online at: https://pubs.usgs.gov/wsp/0736/report.pdf

Waters And Water Courses - No Riparian Right In Montana, Evans Holbrook

Articles

Plaintiff owned lands through which a stream flowed; defendant, by virtue of an appropriation duly made, diverted all the water in the stream and used it for irrigation purposes. Plaintiff, claiming only as a riparian owner, sued to enjoin defendant's diversion of the stream on the ground that it was an invasion of riparian rights. Held, that the common law doctrine of riparian rights does not prevail in Montana, and that plaintiff's complaint does not state a cause of action.

Waters And Water Courses - The Effect Of The Desert Land Act Of 1877, Evans Holbrook

Articles

The Act of March 3, 1877, generally known as the Desert Land Act, provides for the sale of desert lands to persons who agree to irrigate and cultivate such lands. The act defines desert lands as lands which will not, without some irrigation, produce crops, and provides that the Commissioner of the General Land Office shall determine what may be considered as such lands; it provides also that the right to the use of water on such lands shall depend upon appropriation, and continues as follows: "and all surplus water over and above such actual appropriation and use, together with …

Rights In Percolating Waters, Ralph W. Aigler

Articles

Almost without exception the courts approve of Acton v. Blundell, 12 M. & W. 324, to the extent of its actual decision,-that where as a result of improvement or enjoyment of one's own land one conducts operations which draw off percolating waters from a neighbor's land, even to the extent of drying up a well or spring, such inconvenience is to be deemed damnum absque injuria. The doctrine of the court "that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure," if intended …

Rights In Percolating Waters, Ralph W. Aigler

Articles

Almost without exception the courts approve of Acton v. Blundell, 12 M. & W. 324, to the extent of its actual decision,-that where as a result of improvement or enjoyment of one's own land one conducts operations which draw off percolating waters from a neighbor's land, even to the extent of drying up a well or spring, such inconvenience is to be deemed damnum absque injuria. The doctrine of the court "that the person who owns the surface may dig therein, and apply all that is there found to his own purposes at his free will and pleasure," if intended …

The Right To Divert Water To Non-Riparian Land, Ralph W. Aigler

Articles

Though at one time in England there may have been some doubt as to the character of a riparian owner's rights in the waters of the stream, it must be considered as definitely settled by a series of cases that the doctrine of reasonable use by all the proprietors on the stream is the rule of the common law, and that the matter of priority of use or appropriation is, under that system, immaterial, unless, of course, a question of prescriptive right is involved. Wright v. Howard, 1 Sim. & S. 190; Mason v. Hill, 3 B. & Ad. 304, …

Boundary Waters Treaty, The United States Of America, His Majesty The King Of The United Kingdom Of Great Britain And Ireland And Of The British Dominions Beyond The Seas, Emperor Of India, Elihu Root, James Bryce

Water Law Documents

The treaty provides the principles and mechanisms to help resolve disputes and to prevent future ones, primarily those concerning water quantity and water quality along the boundary between Canada and the United States.

The Surface Water Supply Of California, 1906: With A Section On Ground Water Levels In Southern California (Great Basin And Pacific Ocean Drainages In California And Lower Colorado River Drainage), William Billings Clapp

Federal Documents

Water-supply and irrigation papers of the United States Geological Survey ; no. 213.

Report Of Progress Of Stream Measurements For The Calendar Year 1905. Part Xiii, Great Basin And Pacific Ocean Drainages In California, And Colorado River Drainage Below Gila River, William Billings Clapp

Federal Documents

Water-supply and irrigation papers of the United States Geological Survey ; no. 177.

Lux V. Haggin, California Supreme Court

Historical and Topical Legal Documents

No abstract provided.