Water Rights in the Western States the Law of Prior Appropriation of Water As a

Cover Water Rights in the Western States the Law of Prior Appropriation of Water As a
Water Rights in the Western States the Law of Prior Appropriation of Water As a
Samuel C Samuel Charles Wiel
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546; Millheiser v. V. Hawkins, 120 Cal. 86, 52 Pac. 139, Long, 10 N. M. 99, 61 Pac. Ill; 19 Morr. Min. Rep. 243; Strong v. Stenger v. Tharp, 17 S. D. 13, 94 N. Baldwin, 137 Cal. 440, ' 70 Pac. 288). W. 402; Smith v. Duff (1909), 39 In Whited v. Gavin (Or. ), 105 Pac. 396, Mont. 382, 133 Am. St. Rep. 587, 102 this is said to be "almost axiomatic. " Pac. 984; Leavitt v. Lassen Irr. Co. In Salt Lake City v. Gardner (Utah), (1909), 157 Cal. 82-, 106 Pac. 404; 114 Pac. 147, "elementary and no Whited... v. Gavin (Or. 1909), 105 Pac. Longer questioned by anybody. " 396; Ison v. Sturgill (Or. 1910), 109 2 5 Woods v. Sargent, 43 Colo. 268, Pac. 579. 95 Pac. 932.
22 Stenger v. Tharp, 17 S. D. 13, 94 N. W. 402. 1; 21 Col - 357 > 40 Pac - 989 - 23 Smith v. Hawkins, 120 Cal. 86, at 2 See, Union Mining Co. V. Dang- 88, 52 Pac. 139, 19 Morr. Min. Rep. Berg, 81 Fed. 73.
243.
506 (3d ed. ) Pt. III. THE LAW OF PRIOR APPROPRIATION. 480 Beneficial use by and needs of the appropriator, and not the quantity originally diverted or the capacity of the ditches con- structed, determines the limit of the appropriator 's rights.


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