...protect, before the passage of the act of 1866, and that the section of the act which we have quoted was rather a volun-tary recognition of a pre-existing...continued use, than the establishment of a new one. This subject has so frequently received our attention and the grounds on which this construction rests...

...Co. 101 U. 8. 274 [25 L. ed. 790], the Supreme Court of the United States declared that statute was rather a voluntary recognition of a pre-existing right...continued use, than the establishment of a new one; and, following this view, the construction given to the statute in Vansickle v. Haines wa» overruled in...

...protect before the passage of the act of 1866, and 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." Further construing these statutes the United States supreme court has said: "It is very evident that...

...and was bound to protect, before the passage of the AC 1866. We are of the opinion that that act was rather a voluntary recognition of a pre-existing right of possession constituting a valid claim to its use than the establishment of a new one." (37 ) This has been the basis of all of the federal decisions...

...protect before the passage of the act of 1866, and that the section of the act which we have quoted was rather a voluntary recognition of a preexisting right...continued use, than the establishment of a new one. These decisions of Judge Shaw, of Massachusetts, and of Justice Field, of the Supreme Court, describe...

...790, declaring that this statute was rather the voluntary recognition of a preexisting 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...

...mechanical use was acknowledged and confirmed.21 The United States supreme court has designated this act as "a voluntary recognition of a preexisting right of possession, constituting a valid claim to continued use." By this law, proprietors were enabled to establish permanent rights by government patent,...

...protect before the passage of the Act of 1866, and 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." 11 Otto, 274. Congressional recognition was expressed in an Act approved July 26, 1866, subsequently...

...of the right of way, if it was no more.' * * * It was further held that this section of the act 'was rather a voluntary recognition of a pre,existing right...continued use, than the establishment of a new one.' " [P. 248. Tynon vs. Despain, 22 Colo., 1896. Right of way.—Condemnation proceedings—Limitation...

...r/90), that the act of 1866 was rather a recognition of a pre-existing right of possession of the water, constituting a valid claim to its continued use, than...the establishment of a new one, and that the claim to the water by prior appropriation was valid even against a patent issued prior to 1866. In Jones...