The Public Utility of Water Powers And Their Governmental Regulation

Cover The Public Utility of Water Powers And Their Governmental Regulation
The Public Utility of Water Powers And Their Governmental Regulation
Ren Tavernier
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The principal contention of appellants as first urged was that the court acted without jurisdiction in directing that all persons interested in the lands border- ing on Silver Creek, its tributaries and channels, be made parties to the suit, and that such action on the part of the court constituted reversible error. These questions of practice, with matters incidental thereto, were determined ad- versely to counsel's contention (95 Pac. , 732), and the cause was set down for further argument on
... the main points involved, principal among which is that of riparian rights, as affected by the act of Congress of March 3, 1877, known as the desert-land act: ib. , 752. This question and the points formerly de- termined were fully discussed at the reargument. After a reconsideration of the questions of practice presented we find no reason to depart from the con- clusions announced in our former opinion.
We come then to a consideration of the desert-land act, as to its effect upon the parties hereto owning lands upon the streams involved, the rights of each of whom have attached since the passage of the act.


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