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Articles 4231 - 4260 of 4298
Full-Text Articles in Water Law
Waters And Watercourses - Extent Of Riparian Land -Compensation On Condemnation, G. M. Stevens
Waters And Watercourses - Extent Of Riparian Land -Compensation On Condemnation, G. M. Stevens
Michigan Law Review
In a recent case compensation was sought for the taking of riparian land for public use. The Supreme Court of Nebraska held that the award should be limited to damages to those sections of land {by the government plat) bordering on the stream. A decision note in this REVIEW criticized that ruling. It was there said that proximity to riparian land might add value even to non-riparian land. Later a rehearing of the case was granted and a new opinion filed. Held, "damages . . . are not limited to governmental sections a part of which is included in …
Waters And Watercourses - Extent Of Riparian Land - Compensation On Condemnation, Gerald M. Stevens
Waters And Watercourses - Extent Of Riparian Land - Compensation On Condemnation, Gerald M. Stevens
Michigan Law Review
Plaintiff owned a ranch comprising over 45,000 acres and fronting for six miles on the North Platte river. One and a half miles of the river frontage were taken by eminent domain proceedings for a dam and reservoir. Plaintiff claimed the value of his whole ranch was reduced by the loss of water rights, by the destruction of sheltering trees and brush, by the creation of a potential hazard to cattle, and by the threat of floods from breaking dam or dikes. He recovered damages on that basis. Reversing the judgment, the court held, riparian rights attached only to …
Navigability Of Waters In Kentucky, Joseph S. Freeland
Navigability Of Waters In Kentucky, Joseph S. Freeland
Kentucky Law Journal
No abstract provided.
Municipal Corporations - Liability To Riparian Owners For Pollution Of Stream
Municipal Corporations - Liability To Riparian Owners For Pollution Of Stream
Michigan Law Review
A stream into which the plaintiff in error dumped its sewage flowed through the lands of defendant in error. Odors from the stream, deposits of foreign substances on the banks, and the pollution of the waters about the farm of the defendant in error constituted a nuisance. Held, the city is liable to one suffering from the nuisance, irrespective of whether it is exercising a governmental function in the installation of the sewer system. Oklahoma City v. Tyetenicz, 175 Okla. 228, 52 P. (2d) 849 (1935).
Waters And Watercourses - Riparian Rights In Streams Flowing Through Several States
Waters And Watercourses - Riparian Rights In Streams Flowing Through Several States
Michigan Law Review
A special master appointed by the Court after the filing of a bill by the state of Washington praying an injunction against the state of Oregon found that inhabitants of Oregon had been diverting water from the Walla Walla River, a non-navigable stream, by means of a dam for over fifty years for use in irrigating their lands which would otherwise be arid and had been for a long time pumping some nine thousand acre feet of water per annum from wells bored on their lands. The state of Washington claimed this diversion materially injured an irrigation project known as …
Constitutional Law-National Power Over Navigable Streams - Property Clause - Corporations - Stockholders' Suit
Michigan Law Review
The recent decision of the Supreme Court in the TVA case raises issues of extreme importance not only in regard to the interpretation of the property clause of the federal Constitution, but also in regard to the requisites for a suit by minority stockholders of a corporation questioning the actions of the corporate management.
Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Constitutional Law-Conservation Of Waters-Validity Of Statute Limiting Riparian Rights
Michigan Law Review
By the common law a riparian owner on a non-navigable stream has a vested right in the continuous natural flow of the stream on or bordering his land. An Oregon statute undertakes to cut down this right; it provides that a riparian owner's vested right to the continuous flow of the stream is limited to such flow as is necessary to preserve to him the beneficial uses to which he is already putting the water. Inasmuch as the right to the full continuous flow as against non-riparian appropriators is really a right to insist upon the availability of the stream …
Waters And Watercourses - Diversion - Prescriptive Rights Of Servient Riparian Owner
Waters And Watercourses - Diversion - Prescriptive Rights Of Servient Riparian Owner
Michigan Law Review
When new waters, formed by seepage and waste from an upper irrigation ditch, began to flow as a stream, they were intercepted by a canal of the defendant irrigation company. At the point of interception a needle gate and spillway were constructed. This gate was kept closed, however, and the waters were diverted along the canal for more than the prescriptive period. The plaintiff sought an injunction restraining the defendant from opening the gate, allowing the intercepted waters to pass through into the plaintiff's drainage district. The theories of the plaintiff were: (a) the defendant's irrigation canal had become the …
An Act For Maintenance And Operation On Newly Reclaimed Pueblo Indian Lands Per Act Of March 13, 1928, Congress Of The United States
An Act For Maintenance And Operation On Newly Reclaimed Pueblo Indian Lands Per Act Of March 13, 1928, Congress Of The United States
Law of the Rio Grande
No abstract provided.
Navigable Waters--Navigability--Repartian Owner's Right Of Access, Robert Merricks
Navigable Waters--Navigability--Repartian Owner's Right Of Access, Robert Merricks
West Virginia Law Review
No abstract provided.
Amendments To Act Of March 13, 1928, Secretary Of The Interior
Amendments To Act Of March 13, 1928, Secretary Of The Interior
Law of the Rio Grande
No abstract provided.
Easements - Extinguishment By Adverse Possession Of Servient Owner - Character Of Acts Necessary
Easements - Extinguishment By Adverse Possession Of Servient Owner - Character Of Acts Necessary
Michigan Law Review
In I 902, Y, the owner of riparian land, granted to W, by deed then recorded, the flowage rights over such land. Some years later by general warranty deed containing no reference to the easement, the servient land was conveyed to L, from whom by similar successive conveyances it came to the plaintiff. In the interval the flowage rights had passed to the defendant, and in 1931 the latter erected a dam across the river and flooded the plaintiff's land. Thereupon the plaintiff brought this action for damages. The trial court held that, though all the owners …
Letter Interpreting Contract With Middle Rio Grande Conservancy District Under Act Of March 13, 1928, Office Of The Solicitor Of The Department Of Interior
Letter Interpreting Contract With Middle Rio Grande Conservancy District Under Act Of March 13, 1928, Office Of The Solicitor Of The Department Of Interior
Law of the Rio Grande
No abstract provided.
Waters And Watercourses - Percolating Waters - Pollution
Waters And Watercourses - Percolating Waters - Pollution
Michigan Law Review
Defendant operated an oil refinery and deposited waste therefrom on his land. The percolating waters under his land were a part of the supply for the plaintiff's well on adjoining land. These waters were contaminated and rendered plaintiff's well water unfit for human or livestock consumption. Held, that in the absence of negligence this was not a nuisance, but was damnum absque injuria. Rose v. Socony-Vacuum Corp., (R. I. 1934) 173 Atl. 627.
Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan
Constitutional Law - Due Process - Fishing Rights In The Public Waters Of Michigan
Michigan Law Review
The Ne-Bo-Shone Association, Inc., is an Ohio corporation which owns property on both banks of the Pine River for some distance. Following the decision of the Michigan Supreme Court in Collins V. Gerhardt that the stream is navigable and public, the complainant association was ordered to remove obstructions in the stream which hampered the free use of the stream by the public for fishing purposes. Thereupon complainant sought an in junction against certain public officials from taking action to remove these obstructions, claiming that it has the right to exclude the public from this portion of the Pine River, and …
Waters And Water Courses-Natural Lakes And Ponds-Nature And Extent Of Riparian Rights
Waters And Water Courses-Natural Lakes And Ponds-Nature And Extent Of Riparian Rights
Indiana Law Journal
No abstract provided.
Constitutional Law -Interstate Commerce -Navigable Waters -Validity Of Federal Water Power Act
Constitutional Law -Interstate Commerce -Navigable Waters -Validity Of Federal Water Power Act
Michigan Law Review
The Federal Power Commission found that the plaintiff's proposed hydroelectric development on the non-navigable New river in Virginia would affect interstate commerce on the navigable Kanawha river to which the New river was tributary. The Commission thereupon tendered the plaintiff a standard or major form license for the project. Such a license, had it been accepted by the plaintiff, would have subjected it to all the provisions of the Federal Water Power Act of 1920, including those concerning the regulation of rates, issuance of securities, expropriation of excess profits, amortization reserves, and recapture at the end of fifty years on …
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Waters And Watercourses-Right Of Public Passage Along Great Lakes Beaches
Michigan Law Review
May the littoral owner whose summer cottage abuts on one of the Great Lakes bring actions of trespass quare clausum against pedestrians who traverse the sand beach which lies at the aquatic terminus of his property? To state the same problem in different form, may he build a lateral line fence designed to exclude the public from that segment of the lake-side beach which he claims as his? The question has never been directly decided by the supreme court of any State, yet it is a source of constant strife between littoral owners who desire privacy and seclusion, and strolling …
Waters And Watercourses - Extent Of Riparian Land
Waters And Watercourses - Extent Of Riparian Land
Michigan Law Review
The plaintiff, a lower riparian owner, sued the defendant municipality for taking water from a stream in such quantity as to cause serious damage. The complaint alleged. that the defendant purchased land extending to the stream bank in 1927 and 1928, which it later took into its corporate limits, and that thereupon it diverted water to points within its corporate limits but beyond the watershed of the stream. Held, the defendant's demurrer to the complaint was properly overruled. Sayles v. City of Mitchell, (S. D. 1932) 245 N. W. 390.
An Act To Pay For Needed Lands And Water Rights Under The Pueblo Lands Act, Congress Of The United States
An Act To Pay For Needed Lands And Water Rights Under The Pueblo Lands Act, Congress Of The United States
Law of the Rio Grande
No abstract provided.
Riparian And Appropriation Rights To The Use Of Water In Washington, Charles Horowitz
Riparian And Appropriation Rights To The Use Of Water In Washington, Charles Horowitz
Washington Law Review
The need for water in this state was destined to play a vital part in the development of the law of water rights. While west of the Cascade Range there was relatively little or no shortage of available water, east of the Cascades the problem was serious. In many parts water was scarce and much capital required to make it available for use. Where, however, water was available in artesian basins, streams or rivers, conflicts arose among competing users. Regrettable as those conflicts were, they did, however, cause the legislature and courts to regulate and pass upon claims made. In …
Navigable Waters - Public And Private Rights Therein
Navigable Waters - Public And Private Rights Therein
Michigan Law Review
Plaintiffs who owned the land underneath waters capable of navigation and who had been operating an established business of carrying passengers for hire in glass-bottomed boats in order to view the rock formations and sea vegetation, sought to enjoin defendants from operating competing boats. Held, in junction should be denied. Silver Springs Paradise Co. v. Ray (Fla. 1931) 50 F.(2d) 356.
Waters And Water Courses-Riparian Rights Of States On Interstate Streams
Waters And Water Courses-Riparian Rights Of States On Interstate Streams
Michigan Law Review
The state of Massachusetts enacted statutes proposing to increase the amount of diversion of water from the Connecticut River for urgent use in Boston and the surrounding metropolitan area. The state of Connecticut brought an original action in the Supreme Court of the United States to enjoin such proposed diversion, alleging that it would impair the navigability of the river, reduce flood waters to the injury of river bottom lands accustomed to annual inundations, prevent Connecticut from disposing adequately of refuse, and cause other injuries to the plaintiff state. Massachusetts answered, stating that the proposed diversion was not to exceed …
Property-Meander Lines As Boundaries
Property-Meander Lines As Boundaries
Michigan Law Review
In a recent decision the supreme court of Michigan has considered anew, and with refreshing insight, the significance of a meander line as a boundary. The case arose on a bill to foreclose a land contract to which the defendant filed a cross-bill alleging fraud in the sale. The property which abutted on Lake Michigan was represented by plaintiff's agent as extending to a point about one hundred feet from the shore of the lake. The meander line was two hundred seventy-seven feet from the water's edge. On the theory that the plaintiff had no interest in the strip between …
The West Virginia Water Power Act, James W. Simonton
The West Virginia Water Power Act, James W. Simonton
West Virginia Law Review
No abstract provided.
Report To The Committee On Public Works Per Flood Control Act Of 1941, Secretary Of The United States Army
Report To The Committee On Public Works Per Flood Control Act Of 1941, Secretary Of The United States Army
Law of the Rio Grande
No abstract provided.
Boundaries On Great Lakes-Accretion And Reliction-Effect Of Meander Line
Boundaries On Great Lakes-Accretion And Reliction-Effect Of Meander Line
Michigan Law Review
Kavanaugh filed a bill against The Director of Conservation of the State of Michigan to quiet title to a strip of land several hundred feet in width between the meander line and the present waters of Saginaw Bay, a part of Lake Huron. Complainant claims title to this land by reason of the fact that it was added to his abutting property by accretion and reliction. The State defends on the ground that the meander line conclusively for all time determines the boundary line of abutters on the Great Lakes, and that consequently the doctrine of accretion and reliction is …
An Act Authorizing An Agreement With The Middle Rio Grande Conservancy District Providing For Irrigation, Etc. For The Pueblo Lands In The Rio Grande Valley, Congress Of The United States
An Act Authorizing An Agreement With The Middle Rio Grande Conservancy District Providing For Irrigation, Etc. For The Pueblo Lands In The Rio Grande Valley, Congress Of The United States
Law of the Rio Grande
No abstract provided.
The Right To Fish In Fresh-Water Streams
The Right To Fish In Fresh-Water Streams
Michigan Law Review
Nearly three centuries ago Lord Hale wrote the "Fresh rivers, of what kind soever, do, of common right, belong to the owners of the soils adjacent and, if a man be the owner of the land on both sides, in common presumption, he . hath the right of fishing according to the extent of his land in length." This doctrine of the common law, to the extent that it concerns riparian ownership, has long been accepted in Michigan. In this state the owner of the riparian lands owns the submerged lands connected therewith to the thread of the stream. Quite …