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The Spanish element in Texas water law is a matter of utmost importance to many landholders whose livelihood is dependent on securing water for irrigation and to many communities particularly concerned about water supply. Titles to some 280,000 acres of Texas land originated in grants made by the Crown of Spain or by the Republic of Mexico. For these lands, the prevailing law, even today, is the Hispanic American civil law. Thus the question of determining just what water rights were granted by the Spanish Crown in disposing of lands in Texas is more than a matter of historical interest. It is a subject of great practical importance. Spanish law enters directly into the question of these lands, but its influence is by no means confined to them. Texas water law in general traces its roots primarily to the Spanish law, not to the English common law doctrine of riparian rights or to the Western doctrine of prior appropriation (both of which were, however, eventually incorporated in Texas law). A clear understanding of this background might have saved the state much of the current confusion and chaos regarding its water law. Dobkins’s book offers an intensive and unusually readable study of the subject. The author has traced water law from its origin in the ancient world to the mid-twentieth century, interpreting the effect of water on the counties concerned, setting forth in detail the development of water law in Spain, and explaining its subsequent adoption in Texas. Copious notes and a complete bibliography make the work especially valuable. The idea for this book came in the midst of the great seven-year drought in Texas, from 1950 to 1957. The author gave two reasons for her study: “One was my belief that the water problems, crucial to all Texas, can be solved only when Texans become conscious of their imperative needs and only if they become informed and aroused enough to act. “The second reason came from a realization that water—common, universal, and ordinary as it is—had been overlooked by the historian. It is high time that this oversight be corrected. In American history the significance of land, especially in terms of the frontier, has been spelled out in large letters. The importance of water has been recognized by few.”
This revised and expanded edition of the authoritative history of Spanish Texas features significant new discoveries throughout. Modern Texas, like Mexico, traces its beginning to sixteenth-century encounters between Europeans and Indians. Unlike Mexico, however, Texas eventually received the stamp of Anglo-American culture, so that Spanish contributions to present-day Texas tend to be obscured or even unknown. Spanish Texas, 1519–1821 undercores the significance of the Spanish period in Texas history. Beginning with an overview of the land and its inhabitants before the arrival of Europeans, it covers major people and events from early exploration to the end of the colonial era. This new edition of Spanish Texas has been extensively revised and expanded to include a wealth of new discoveries. The opening chapter on Texas Indians reveals their high degree of independence from European influence. Other chapters incorporate new information on La Salle's Garcitas Creek colony and French influences in Texas, the destruction of the San Sabá mission and the Spanish punitive expedition to the Red River in the late 1750s, and eighteenth-century Bourbon reforms in the Americas. Drawing on new and original research, the authors shed new light on the experience of women in Spanish Texas across ethnic, racial, and class distinctions, including new revelations about their legal rights on the Texas frontier.
Las Siete Partidas, or Seven Divisions, is the major law code of thirteenth-century Spain, compiled by Alfonso X the Learned of Castile. Seven centuries later, this compendium of legal and customary information remains the foundation of modern Spanish law. In addition, its influence is notable in the law of Spain's former colonies, including Texas, California, and Louisiana. The work's extraordinary scope offers unparalleled insight into the social, intellectual, and cultural history of medieval Spain. Built on the armature of a law code, it is in effect an encyclopedia of medieval life. Long out of print, the English translation of Las Siete Partidas—first commissioned in 1931 by the American Bar Association—returns in a superior new edition. Editor and distinguished medieval historian Robert I. Burns, S.J., provides critical historical material in a new general Introduction and extensive introductions to each Partida. Jerry Craddock of the University of California, Berkeley, provides updated bibliographical notes, and Joseph O'Callaghan of Fordham University contributes a section on law in Alfonso's time. Las Siete Partidas is presented in five volumes, each available separately: The Medieval Church, Volume 1: The World of Clerics and Laymen (Partida I) Medieval Government, Volume 2: The World of Kings and Warriors (Partida II) The Medieval World of Law, Volume 3: Lawyers and Their Work (Partida III) Family, Commerce, and the Sea, Volume 4: The Worlds of Women and Merchants (Partidas IV and V) Underworlds, Volume 5: The Dead, the Criminal, and the Marginalized (Partidas VI and VII)
A revised and expanded edition of an authoritative history presents a complete history of Spanish Texas, including important new discoveries about American Indians and women in early Texas. Simultaneous. Hardcover available.
Las Siete Partidas, or Seven Divisions, is the major law code of thirteenth-century Spain, compiled by Alfonso X the Learned of Castile. Seven centuries later, this compendium of legal and customary information remains the foundation of modern Spanish law. In addition, its influence is notable in the law of Spain's former colonies, including Texas, California, and Louisiana. The work's extraordinary scope offers unparalleled insight into the social, intellectual, and cultural history of medieval Spain. Built on the armature of a law code, it is in effect an encyclopedia of medieval life. Long out of print, the English translation of Las Siete Partidas—first commissioned in 1931 by the American Bar Association—returns in a superior new edition. Editor and distinguished medieval historian Robert I. Burns, S.J., provides critical historical material in a new general Introduction and extensive introductions to each Partida. Jerry Craddock of the University of California, Berkeley, provides updated bibliographical notes, and Joseph O'Callaghan of Fordham University contributes a section on law in Alfonso's time. Las Siete Partidas is presented in five volumes, each available separately: The Medieval Church, Volume 1: The World of Clerics and Laymen (Partida I) Medieval Government, Volume 2: The World of Kings and Warriors (Partida II) The Medieval World of Law, Volume 3: Lawyers and Their Work (Partida III) Family, Commerce, and the Sea, Volume 4: The Worlds of Women and Merchants (Partidas IV and V) Underworlds, Volume 5: The Dead, the Criminal, and the Marginalized (Partidas VI and VII)
The Spanish element in Texas water law is a matter of utmost importance to many landholders whose livelihood is dependent on securing water for irrigation and to many communities particularly concerned about water supply. Titles to some 280,000 acres of Texas land originated in grants made by the Crown of Spain or by the Republic of Mexico. For these lands, the prevailing law, even today, is the Hispanic American civil law. Thus the question of determining just what water rights were granted by the Spanish Crown in disposing of lands in Texas is more than a matter of historical interest. It is a subject of great practical importance. Spanish law enters directly into the question of these lands, but its influence is by no means confined to them. Texas water law in general traces its roots primarily to the Spanish law, not to the English common law doctrine of riparian rights or to the Western doctrine of prior appropriation (both of which were, however, eventually incorporated in Texas law). A clear understanding of this background might have saved the state much of the current confusion and chaos regarding its water law. Dobkins’s book offers an intensive and unusually readable study of the subject. The author has traced water law from its origin in the ancient world to the mid-twentieth century, interpreting the effect of water on the counties concerned, setting forth in detail the development of water law in Spain, and explaining its subsequent adoption in Texas. Copious notes and a complete bibliography make the work especially valuable. The idea for this book came in the midst of the great seven-year drought in Texas, from 1950 to 1957. The author gave two reasons for her study: “One was my belief that the water problems, crucial to all Texas, can be solved only when Texans become conscious of their imperative needs and only if they become informed and aroused enough to act. “The second reason came from a realization that water—common, universal, and ordinary as it is—had been overlooked by the historian. It is high time that this oversight be corrected. In American history the significance of land, especially in terms of the frontier, has been spelled out in large letters. The importance of water has been recognized by few.”
Winner, Presidio La Bahia Award, Sons of the Republic of Texas, 2000 Texas Old Missions and Forts Restoration Association Book Award, the Texas Old Missions and Fort Restoration Association and the Texas Catholic Historical Society, 2001 The Spanish colonial era in Texas (1528-1821) continues to emerge from the shadowy past with every new archaeological and historical discovery. In this book, years of archival sleuthing by Donald E. Chipman and Harriett Denise Joseph now reveal the real human beings behind the legendary figures who discovered, explored, and settled Spanish Texas. By combining dramatic, real-life incidents, biographical sketches, and historical background, the authors bring to life these famous (and sometimes infamous) men of Spanish Texas: Alvar Núñez Cabeza de Vaca Alonso de León Francisco Hidalgo Louis Juchereau de St. Denis Antonio Margil The Marqués de Aguayo Pedro de Rivera Felipe de Rábago José de Escandón Athanase de Mézières The Marqués de Rubí Antonio Gil Ibarvo Domingo Cabello José Bernardo Gutiérrez de Lara Joaquín de Arredondo The authors also devote a chapter to the women of Spanish Texas, drawing on scarce historical clues to tell the stories of both well-known and previously unknown Tejana, Indian, and African women.
In 1718, the Spanish settled San Antonio, partly because of its prolific and breathtaking springs—at that time, one of the largest natural spring systems in the known world. The abundance of fresh water, coupled with the Spanish colonial legal concept that water was to be equitably shared by all settlers, led to the building of the system of acequias (canals or ditches) within the settlement. The system is one of the earliest and perhaps most extensive municipal water systems in North America. This book offers a meticulous chronicling of the origins and often-contentious development of water rights in San Antonio from its Spanish settlement through the beginning of the twentieth century.