[DOWNLOAD] "Anaconda Nat. Bank v. Johnson Et Al." by Supreme Court of Montana " eBook PDF Kindle ePub Free
eBook details
- Title: Anaconda Nat. Bank v. Johnson Et Al.
- Author : Supreme Court of Montana
- Release Date : January 18, 1926
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Water Rights ? Appropriation from Adjudicated Stream ? Statute ? Method Exclusive ? Completion of Work of Construction ? Lack of Diligence ? Loss of Right ? Doctrine of Relation Back ? When Inapplicable ? Findings. Water Rights ? Appropriation ? Work of Construction ? Lack of Diligence ? Loss of Right. 1. Where an appropriator of water from an adjudicated stream, disclaiming any right to the use of its normal flow but relying upon an alleged notice of appropriation made in 1917 of surplus and flood waters in a lake (formed by the widening of the channel of the stream) impounded by means of a dam, did nothing by way of construction of a dam or a ditch until the latter part of 1921, he did not acquire any right under the appropriation, having failed to proceed with the diligence required by either section 4848, Revised Codes of 1907, referring to appropriations of water generally, or section 4871, with relation to appropriations from an adjudicated stream, in completing his appropriation. Same ? Doctrine of Relation Back ? When Inapplicable. 2. An appropriator who fails to complete his appropriation with diligence, loses the right of relation back, and if he thereafter completes his work of construction and makes a beneficial use of the water, his right will bear date of the completed appropriation. Same ? Appropriation from Adjudicated Stream ? Method Prescribed by Statute Exclusive. 3. Held, that the method prescribed by sections 7119-7127, Revised Codes of 1921, comprising Chapter 228, Laws of 1921, for making an appropriation of the waters of an adjudicated stream, is exclusive as to appropriations made after the passage of that Act. - Page 402 Same ? Findings ? When Conclusive. 4. The findings of the court in a water right suit supported by substantial evidence will not be disturbed on appeal.
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