...protecting in patents such right in water appropriated, when recognized by local customs and laws, "was rather a voluntary recognition of a pre-existing right...continued use, than the establishment of a new one." (Broder \. Natoma W. & M. Co., 11 Otto, 274.) We conclude, then, that the common-law doctrine giving...

...and confirmed. " This section, said Mr. Justice MILLER, in Broder v. Water Co., 101 US 274, 276, "was rather a voluntary recognition of a pre-existing right...continued use, than the establishment of a new one." By section 17 of the act of July !), 1870, amendatory of the act of July 26,1866, it was provided,...

...miner or agriculturist." In the opinion of the court the section of tho act of 1866 above quoted "was rather a voluntary recognition of a pre-existing right...grant to the railroad company made before the act of 1S60 wa.s passed. Broiler v. Water Co. may appear to be in contlict with V<msickle v. Haines. But is...

...passage of the act of 1866. We are of opinion that the section of the act which we have quoted was rather a voluntary recognition of a pre-existing right...continued use, than the establishment of a new one." Much other authority, in the decisions of courts, and in legislative acts, both of congress and of...

...the court added: " We are of opinion that the section of the act which we have quoted (the ninth) was rather a voluntary recognition of a pre-existing right...continued use, than the establishment of a new one." The court accordingly, in the Broder case, without regard to the act of 1866, protected the right of...

...the section of the act which we have quoted was rather a voluntary recoynitivn of it. p re-printing right of possession, constituting a valid claim to...continued use, than the establishment of a new one." 101 US 27(j, and authorities there cited; Coffin v. Left-hand DiMi Co. 6 Colo. 443; Itoss, J., in Lux\....

...Broder v. Water Co., 101 US 274, the supreme court of the United States declared that the statute was rather a voluntary recognition of a pre-existing right...possession, constituting a valid claim to its continued nse, than the establishment of a new one; and, following this view, the construction given to the statute...

...declaring that this statute was rather the voluntary recognition of a pre-existing right to water, constituting a valid claim to its continued use, than the establishment of a new one. As time passes it becomes more and more apparent that the law of ownership of water by prior appropriation...

...274, 276,." was rather a voluntary recognition of a preexisting right of possession, constitute ing a valid claim to its continued use, than the establishment of a new one." By section 17 of the act of July 9, 1870, amendatory of the act of July 26, 1866, it was provided,...

...mining regions were such as the government was bound to protect, and that the statute was " rather л voluntary recognition of a pre-existing right of possession...continued use than the establishment of a new one:" Broder v. Natoma Water Co., 101 US 274. THIS DOCTRINE APPLIES ONLY то TUE PUBLIC LANDS of the United...