B Iffffi BEB HHB ' ELEMENTS OF WESTERN WATER LAW- (REVISED) BY A. E. CHANDLER I* Irrigation and Water Right Specialist ; President of California State Water Commission; President of California Irrigation Board TECHNICAL PUBLISHING CO. SAN FRANCISCO 1918 ** Copyright 1912-1918 Technical Publishing Company PREFACE TO THE SECOND EDITION Over five years have elapsed since the text of the first edition was prepared as separate articles for the Journal of Electricity. During that period, the movement for legislation providing a rational control of water rights has notably advanced, and the courts of last resort, in many cases dealing with water rights, have either established new principles or strengthened the old. In this edition, an attempt has been made to revise the text so that the changes due to new legis- lation and judicial opinions may be duly emphasized. The idea of the lectures, as originally given to engineer- ing and agricultural students in the University of California, was to so present the "elements" as to acquaint the students with the work and problems found in a state engineer's office, in dealing with the appropriation of water for irrigation and other useful purposes. The aim of this revision is to serve the same purpose by bringing the text to date. The writer wishes to express his appreciation of the very material assistance given him by Professor Sydney T. Hard- ing, of the University of California, in preparing the revision for publication. San Francisco, January 15, 1918. CONTENTS CHAPTER I Early Development of the Doctrine of Appropriation 1 CHAPTER II Riparian Rights in The Western States 9 Statutory Limitation of Riparian Rights 17 Lateral Limits 19 Riparian Right Restricted to Riparian Land 21 Reasonable Use Among Riparian Owners ,_ 22 Riparian Rights to Navigable Waters 23 Summary of Principles 23 CHAPTER III Law of Underground Waters 25 Statutes Regulating Artesian Wells 31 Contrast of the California Rules of Percolating Waters and of Riparian Rights ,. . 32 CHAPTER IV The Doctrine of Appropriation '. 34 Right of Access Appropriations Not Restricted to Public Lands 34 Waters Open to Appropriation 35 Navigable Waters \ 37 Waters of Lakes 37 Waters in Artificial Channels and Surface Waters 38 Waste Water ,. ., 38 Proceedings to Effect Appropriations 39 Incomplete Appropriations , 41 The Measure of the Right 42 Principles of Prior Appropriation 43 CHAPTER V Loss of Water Rights ' 45 Abandonment and Forfeiture 45 Adverse Use or Prescription 48 Estoppel 50 Rights of Way by Prescription 51 CHAPTER VI Water Right Legislation 52 Colorado 52 Wyoming ,, 56 Nebraska '59 Idaho 61 Utah 65 Nevada 66