Prior Appropriation Water Rights
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Prior Appropriation Water Rights
Prior appropriation: In water rights, the legal doctrine of prior appropriation holds that the first person to take a quantity of water from a water source for "beneficial use" (agricultural, industrial or household) has the right to continue to use that quantity of water for that purpose. 78 Am. Jur. 2d Waters § 355 (2021). These individuals are the senior users. Senior users do not "own" the water source. Rather, they have the right to use the water source within the limitations of a state's established prior appropriation laws.Douglas County v. Sedalia Water and Sanitation District, 343 P.3d 16 (Colo. 2015). Origin of the doctrine The legal doctrine of prior appropriation water rights holds that the first person to take a quantity of water from a water source for "beneficial use" (agricultural, industrial or household) has the right to continue to use that quantity of water for that purpose. Subsequent users can take the remaining water for their own beneficial use if they do ...
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Manual Of Style/Legal
Manual may refer to: Instructions * User guide * Owner's manual * Instruction manual (gaming) * Online help Other uses * Manual (music), a keyboard, as for an organ * Manual (band) * Manual transmission * Manual, a bicycle technique similar to a wheelie, but without the use of pedal torque * Manual, balancing on two wheels in freestyle skateboarding tricks * '' The Manual (How to Have a Number One the Easy Way)'' is a 1988 book by Bill Drummond and Jimmy Cauty See also * Instructions (other) * Tutorial A tutorial, in education, is a method of transferring knowledge and may be used as a part of a learning process. More interactive and specific than a book or a lecture, a tutorial seeks to teach by example and supply the information to complete ...
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Flood Irrigation
Surface irrigation is where water is applied and distributed over the soil surface by gravity. It is by far the most common form of irrigation throughout the world and has been practiced in many areas virtually unchanged for thousands of years. Surface irrigation is often referred to as flood irrigation, implying that the water distribution is uncontrolled and therefore, inherently inefficient. In reality, some of the irrigation practices grouped under this name involve a significant degree of management (for example surge irrigation). Surface irrigation comes in three major types; level basin, furrow and border strip. Process The process of surface irrigation can be described using four phases. As water is applied to the top end of the field it will flow or advance over the field length. The advance phase refers to that length of time as water is applied to the top end of the field and flows or advances over the field length. After the water reaches the end of the field it will ...
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Air Rights
Air rights are the property interest in the "space" above the earth's surface. Generally speaking, owning, or renting, land or a building includes the right to use and build in the space above the land without interference by others. This legal concept is encoded in the Latin phrase ''Cuius est solum, eius est usque ad coelum et ad inferos'' ("''Whoever owns the soil, it is theirs up to Heaven and down to Hell''."), which appears in medieval Roman law and is credited to 13th-century glossator Accursius; it was notably popularized in common law in '' Commentaries on the Laws of England'' (1766) by William Blackstone; see origins of phrase for details. Air travel Property rights defined by points on the ground once extended indefinitely upward. This notion remained unchallenged before air travel became popular in the early 20th century. To promote air transport, legislators established a public easement for transit at high altitudes, regardless of real estate ownership. ...
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Global Warming
In common usage, climate change describes global warming—the ongoing increase in global average temperature—and its effects on Earth's climate system. Climate change in a broader sense also includes previous long-term changes to Earth's climate. The current rise in global average temperature is more rapid than previous changes, and is primarily caused by humans burning fossil fuels. Fossil fuel use, deforestation, and some agricultural and industrial practices increase greenhouse gases, notably carbon dioxide and methane. Greenhouse gases absorb some of the heat that the Earth radiates after it warms from sunlight. Larger amounts of these gases trap more heat in Earth's lower atmosphere, causing global warming. Due to climate change, deserts are expanding, while heat waves and wildfires are becoming more common. Increased warming in the Arctic has contributed to melting permafrost, glacial retreat and sea ice loss. Higher temperatures are also caus ...
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Carbon Dioxide
Carbon dioxide ( chemical formula ) is a chemical compound made up of molecules that each have one carbon atom covalently double bonded to two oxygen atoms. It is found in the gas state at room temperature. In the air, carbon dioxide is transparent to visible light but absorbs infrared radiation, acting as a greenhouse gas. It is a trace gas in Earth's atmosphere at 421 parts per million (ppm), or about 0.04% by volume (as of May 2022), having risen from pre-industrial levels of 280 ppm. Burning fossil fuels is the primary cause of these increased CO2 concentrations and also the primary cause of climate change.IPCC (2022Summary for policy makersiClimate Change 2022: Mitigation of Climate Change. Contribution of Working Group III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change Cambridge University Press, Cambridge, United Kingdom and New York, NY, USA Carbon dioxide is soluble in water and is found in groundwater, lakes, ice ca ...
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Cap And Trade
Emissions trading is a market-based approach to controlling pollution by providing economic incentives for reducing the emissions of pollutants. The concept is also known as cap and trade (CAT) or emissions trading scheme (ETS). Carbon emission trading for and other greenhouse gases has been introduced in China, the European Union and other countries as a key tool for climate change mitigation. Other schemes include sulfur dioxide and other pollutants. In an emissions trading scheme, a central authority or governmental body allocates or sells a limited number (a "cap") of permits that allow a discharge of a specific quantity of a specific pollutant over a set time period. Polluters are required to hold permits in amount equal to their emissions. Polluters that want to increase their emissions must buy permits from others willing to sell them. Emissions trading is a type of flexible environmental regulation that allows organizations and markets to decide how best to meet policy ...
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Homestead Act
The Homestead Acts were several laws in the United States by which an applicant could acquire ownership of government land or the public domain, typically called a homestead. In all, more than of public land, or nearly 10 percent of the total area of the United States, was given away free to 1.6 million homesteaders; most of the homesteads were west of the Mississippi River. An extension of the homestead principle in law, the Homestead Acts were an expression of the Free Soil policy of Northerners who wanted individual farmers to own and operate their own farms, as opposed to Southern slave-owners who wanted to buy up large tracts of land and use slave labor, thereby shutting out free white farmers. The first of the acts, the Homestead Act of 1862, opened up millions of acres. Any adult who had never taken up arms against the Federal government of the United States could apply. Women and immigrants who had applied for citizenship were eligible. Several additi ...
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Mining Law Of 1872
The General Mining Act of 1872 is a United States federal law that authorizes and governs prospecting and mining for economic minerals, such as gold, platinum, and silver, on federal public lands. This law, approved on May 10, 1872, codified the informal system of acquiring and protecting mining claims on public land, formed by prospectors in California and Nevada from the late 1840s through the 1860s, such as during the California Gold Rush. All citizens of the United States of America 18 years or older have the right under the 1872 mining law to locate a lode (hard rock) or placer (gravel) mining claim on federal lands open to mineral entry. These claims may be located once a discovery of a locatable mineral is made. Locatable minerals include but are not limited to platinum, gold, silver, copper, lead, zinc, uranium and tungsten. Western miners' codes Miners and prospectors in the California Gold Rush of 1849 found themselves in a legal vacuum. Although the US federal governme ...
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California Gold Rush
The California Gold Rush (1848–1855) was a gold rush that began on January 24, 1848, when gold was found by James W. Marshall at Sutter's Mill in Coloma, California. The news of gold brought approximately 300,000 people to California from the rest of the United States and abroad. The sudden influx of gold into the money supply reinvigorated the American economy; the sudden population increase allowed California to go rapidly to statehood, in the Compromise of 1850. The Gold Rush had severe effects on Native Californians and accelerated the Native American population's decline from disease, starvation and the California genocide. The effects of the Gold Rush were substantial. Whole indigenous societies were attacked and pushed off their lands by the gold-seekers, called "forty-niners" (referring to 1849, the peak year for Gold Rush immigration). Outside of California, the first to arrive were from Oregon, the Sandwich Islands (Hawaii) and Latin America in late 1848. ...
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Endangered Species Act Of 1973
The Endangered Species Act of 1973 (ESA or "The Act"; 16 U.S.C. § 1531 et seq.) is the primary law in the United States for protecting imperiled species. Designed to protect critically imperiled species from extinction as a "consequence of economic growth and development untempered by adequate concern and conservation", the ESA was signed into law by President Richard Nixon on December 28, 1973. The Supreme Court of the United States described it as "the most comprehensive legislation for the preservation of endangered species enacted by any nation"."Tennessee Valley Authority v. Hill"
437 U.S. 153 (1978) Retrieved 24 November 2015.
The purposes of the ESA are two-fold: to prevent extinction and to recover species to the point where the law's protections are not needed. It therefo ...
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Treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal persons. A treaty may also be known as an international agreement, protocol, covenant, convention, pact, or exchange of letters, among other terms. However, only documents that are legally binding on the parties are considered treaties under international law. Treaties vary on the basis of obligations (the extent to which states are bound to the rules), precision (the extent to which the rules are unambiguous), and delegation (the extent to which third parties have authority to interpret, apply and make rules). Treaties are among the earliest manifestations of international relations, with the first known example being a border agreement between the Sumerian city-states of Lagash and Umma around 3100 BC. International agreements were used in ...
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Federal Government Of The United States
The federal government of the United States (U.S. federal government or U.S. government) is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, a city within a federal district (the city of Washington in the District of Columbia, where most of the federal government is based), five major self-governing territories and several island possessions. The federal government, sometimes simply referred to as Washington, is composed of three distinct branches: legislative, executive, and judicial, whose powers are vested by the U.S. Constitution in the Congress, the president and the federal courts, respectively. The powers and duties of these branches are further defined by acts of Congress, including the creation of executive departments and courts inferior to the Supreme Court. Naming The full name of the republic is "United States of America". No other name appears in the Constitution, and t ...
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