A Treatise On the Law of Riparian Rights : As the Same is Formulated And Applied in the Pacific States, Including the Doctrine of Appropriation

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It may well be doubted whether any restraining dam, however constructed, across the channels of the main mountain rivers, of a torrential character, should be ac- cepted by the courts as a sufficient protection to the occupants of land in the valleys below liable to be injured. But, if any are to be accepted, they should only be those the ample sufficiency of which has been established upon testimony of the most un- questionable and satisfactory character. Nothing should be left to conjecture. ...This is not a matter of a single dam. A rule must be laid down applicable to the entire gold-bearing region.
It will be no use to restrain one mine, if others are allowed to run. Besides, it would be unjust. All doing injury must tie stopped or restrained from contributing to further injury, or none."^] iHardt v. Liberty Hill Min. Co., 27 Fed. Rep. 788.
(130) Ch. 5. J NATURE AND EXTENT OF EIGHT. § 79 III. Extent oe the Right Acquired.
§ 79. Amount of v/^ater which the appropriator is entitled to use.


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