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eBook details

• Title: Connolly v. Harrel Et Al.
• Author : Supreme Court of Montana
• Release Date : January 07, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Water Rights ? Construction of Ditch Over Land of Another ? Verbal Consent of Owner ? Party to Whom Right Granted a Licensee, not a Trespasser ? Effect of Revocation of License ? Public Lands ? Appeal and Error ? Decisions of Supreme Court ? To be Read in Connection With Facts of Case. Appeal and Error ? Supreme Court Decisions ? To be Read in Connection With Facts in Particular Case. 1. General expressions used in the opinions of the supreme court must be read in connection with the particular case under consideration. Water Rights ? Appropriator Going upon Land of Another to Make Appropriation of Water ? When Licensee, not Trespasser. 2. Where one goes upon the land of another, with the latters verbal consent, for the purpose of making an appropriation of water, posts his notice of appropriation, diverts the water through the landowners ditch and applies it to a beneficial use on his own land, he becomes a licensee, not a trespasser. Same ? Water Rights and Ditch Rights Separate Property Rights. 3. Water rights and ditch rights are separate and distinct property rights, i.e., one may own a water right without a ditch right, or a ditch right without a water right. Public Lands ? Settler may Convey Rights Orally to One Who Takes Immediate Possession. 4. A settler upon public lands of the United States may convey his right thereon orally to one who thereupon assumes immediate possession. Water Rights ? Effect of Revocation of License to Construct Ditch Over Land of Licensor. 5. Revocation of a license to construct a ditch over the licensors land does not necessarily affect the licensees right to the water carried by the ditch. Same ? Certain Former Statements of Supreme Court Relative to Acquisition of Water Right on Land of Another Limited to Cases of Trespass. 6. Statements made in prior decisions of court to the effect that one may not acquire a water right on the land of another without acquiring an easement in the land commented upon, and rule limited to cases of trespass.

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