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Waters And Water Courses - No Riparian Right In Montana, Evans Holbrook Jan 1922

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 Jan 1922

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 ...