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" First, that in the absence of specific authority from Congress a State cannot by its legislation destroy the right of the United States, as the owner of lands bordering on a stream to the continued flow of its waters ; so far at least as may be necessary... "
Final Report of the National Waterways Commission - Page 304
by United States. National Waterways Commission - 1912 - 579 pages
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The Federal Reporter, Volume 143

1906 - 1052 pages
...Congress, a state cannot by its legislation destroy the right of the United States, as the owner of lauds bordering on a stream, to the continued flow of its...navigable streams within the limits of the United States." These rules are distinctly recognized and approved in the subsequent case of Gutierres y. Albuquerque...
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Harvard Law Review, Volume 28

1915 - 880 pages
...its waters, so far at least as may be necessary for the beneficial uses of government property. " 2. That it is limited by the superior power of the general...navigable streams within the limits of the United States. "... So far as those rules [reference here is to the rules of the priority system] have only a local...
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Water-supply and Irrigation Papers of the United States ..., Volumes 89-94

1904 - 868 pages
...necessary nr the lieneficial uses of the government property; second, that it is limited by the uperior power of the General Government to secure the uninterrupted...navigable streams within the limits of the United States. In other words, the jurisdiction of the General Government over interstate commerce and its natural...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 174

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1899 - 868 pages
...must be recognized : First, that in the absence of specific authority from Congress a State cannot by its legislation destroy the right of the United...navigable streams within the limits of the United States. In other words, the jurisdiction of the General Government over interstate commerce and its natural...
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A Selection of Cases on Constitutional Law

Emlin McClain - 1900 - 1126 pages
...must be recognized: First, that, in the absence of specific authority from Congress, a State cannot, by its legislation, destroy the right of the United...navigable streams within the limits of the United States. In other words, the jurisdiction of the general government over interstate commerce and its natural...
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El Paso Dam and Elephant Butte Dam: Testimony Submitted to the Committee on ...

United States. Congress. House. Committee on Foreign Affairs - 1901 - 298 pages
...Second. that it is limited by the superior power of the General Government to secure the un'nterrupted navigability of all navigable streams within the limits of the United States. The Supreme Court has therefore clearly denned all constitutional limitations to the use of nonnavigable...
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Transactions of the Commonwealth Club of California, Volume 11

Commonwealth Club of California - 1916 - 722 pages
...government property'; and the power of a state over navigable streams and their tributaries is further limited by the superior power of the general government...navigable streams within the limits of the United States." GROUP 6.—WATER RIGHTS This group is upon the same field as the previous one, but is separated therefrom...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 188

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1903 - 812 pages
...State over navigable streams and their tributaries is further limited by the Opinion of the Court. superior power of the general government to secure...navigable streams within the limits of the United States. Necessarily, these limitations are equally applicable in restraint of the legislative branch of a torritorial...
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A Digest of International Law as Embodied in Diplomatic ..., Volume 1

John Bassett Moore - 1906 - 1036 pages
...beneficial uses of the Government property, and (2) that the General Government possesses a paramount power to secure the uninterrupted navigability of all navigable streams within the limits of the United States. By acts of July 26, 1866, 9, 14 Stat. 253 (Rev. Stat. 233!)), March 3, 1877, 19 Stat. 377, and...
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The American Journal of International Law, Volume 1, Part 2

1907 - 526 pages
...limitations must be recognized: First, that in the absence of specific authority from Congress a State cannot by its legislation destroy the right of the United...navigable streams within the limits of the United States. In other words, the jurisdiction of the General Government over interstate commerce and its natural...
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