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Making extensive use of archival and other primary sources, David Schorr demonstrates that the development of the “appropriation doctrine,” a system of private rights in water, was part of a radical attack on monopoly and corporate power in the arid West. Schorr describes how Colorado miners, irrigators, lawmakers, and judges forged a system of private property in water based on a desire to spread property and its benefits as widely as possible among independent citizens. He demonstrates that ownership was not dictated by concerns for economic efficiency, but by a regard for social justice.
Seventh sess. contains only private acts, joint resolutions and memorials.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1886 edition. Excerpt: ... CHAPTER XX. DITCHES ON STATE LANDS. G. S. 2724. Sale of Arid Lands conditioned on the Construction of Ditches, etc.] For the purpose of encouraging cultivation and the making of irrigation ditches, the State Board of Land Commissioners are hereby authorized to sell at public sale, at not less than the appraised value, [not more] than one-half of any tract of arid land belonging to the State, except the school land, in alternate quarter sections as nearly as may be, to anyresponsible person or corporation, on condition that said person or corporation dig an irrigation ditch in such location, and of sufficient capacity to furnish water for the entire tract. All contracts for the sale of State lands under the provisions of this section shall be drawn by the Attorney General, and signed by the Governor and the Secretary of the Board, in behalf of the State, and by the other parties in interest; and in no case shall the titles to any of said lands pass from the State until such ditch is completed in a manner satisfactory to the State Board, and the purchasers have given, in addition to such price as may be fixed by the State Board, a suitable contract or agreement, secured by a sufficient bond, that they will furnish water for the remaining portion of the tract of land, as aforesaid, at not to succeed [exceed] such rates as the State Board may agree. Upon the fulfillment of the above conditions patent may issue for not more than one-half of said tract, and the remaining portion of said tract may be subsequently disposed of in the same manner as other State lands. [Sec. 8, p. 226, Acts 1881. G. 3. 2744. Sale of Lands conditioned on the Construction of Ditches, etc.] The State Board of Land Commissioners may sell in parcels of not more than...