Selected Cases On Water Rights And Irrigation Law in California And Western Stat
Selected Cases On Water Rights And Irrigation Law in California And Western Stat
Gavin William Craig
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The country was arid. The population was at first almost wholly agricultural, and we have seen, the waters were held by the pueblo, subject to the duty of dis- tributing the same in the public interest. "Nor do I think this was a mere political power which could be revoked at any time, so as to deprive the settlers who had been induced to become inhabitants of the pueblo of it. They had the same kind of right with reference to it which they had to the lands. Both were held as com- munal propert...y, for the benefit of the inhabitants, and as an inducement to attract settlers. "This view was adopted by this court in Lux v. Haggin, 69 Cal. 255. The question there was whether, under Mexi- can or Spanish law, the water of rivers was dedicated to the public in such sense that the people could not be de- prived of the common use. It was said that pueblos ac- quired a species of property in the water of streams within their boundaries a right which was inconsistent with such supposed dedication.
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