Prior Appropriation Doctrine

18 Florida cases classified under this topic · sorted by citation count · browse and sort

• State OF NEW Mexico v. Aamodt
  537 F.2d 1102· 10th Cir.· 1976-06-28 ·cited 32×
  The court held that the Pueblos' water rights are not controlled by New Mexico state water law, and the district court erred in denying the Pueblos the right to independent representation by private counsel.
• United States v. Alpine Land & Reservoir Co.
  697 F.2d 851· 9th Cir.· 1983-01-24 ·cited 28×
  The court upheld the district court's determination of water duties for farmers and the deference to the Nevada State Engineer for change applications, but vacated the water duty for public recreation pending further findings.
• Food Fair Stores, Inc. v. Lakeland Grocery Corp.
  301 F.2d 156· 4th Cir.· 1962-03-22 ·cited 19×
  The court held that the plaintiff's trade name had acquired secondary meaning in the area and that the defendant's appropriation was not in good faith, entitling the plaintiff to protection.
• SAN Carlos Apache Tribe OF Arizona v. The State OF Ariz.
  668 F.2d 1093· 9th Cir.· 1982-02-23 ·cited 10×
  The dissenting judge would hold that wise judicial administration demands dismissal of the federal suits and would affirm the district court.
• Colville Confederated Tribes v. Boyd Walton, Jr.
  752 F.2d 397· 9th Cir.· 1985-01-21 ·cited 9×
  The court held that the district court erred in reducing the Indian allottees' water share for non-use and in limiting the Tribe's fishery allocation based on other parties' usage; reserved rights are not reduced for non-use and are not limited by the usage of other parties with
• Bagdad Copper Corp. v. Zannaras
  229 F.2d 920· 9th Cir.· 1956-01-30 ·cited 4×
  The court held that Bagdad's claims for fraud and forfeiture were barred by laches and limitations, affirming the lower court's judgment.
• Salmon River Canal Co., Ltd. v. Bell Brand Ranches, Inc.
  564 F.2d 1244· 9th Cir.· 1977-11-21 ·cited 2×
  The court concurred in the result, finding that the plaintiff's claim involved genuine issues of material fact regarding the interpretation of a 1953 water decree and its effect on water rights, precluding summary judgment.
• Hunter v. United States
  388 F.2d 148· 9th Cir.· 1967-12-19 ·cited 2×
  The court held that while the defendant established a right to water appropriation under federal law, this right did not automatically grant an easement for grazing livestock on public lands. However, a right of way for diverting the water was recognized.
• Zannaras v. Bagdad Copper Corp.
  260 F.2d 575· 9th Cir.· 1958-06-25 ·cited 2×
  The court held that the junior appropriator (Bagdad) bears the burden of proving its actions did not diminish the senior appropriator's (Zannaras) water rights.