Anderson v. Campbell
District Court, D. Alaska
The plaintiff claims the right to use the waters of Baker’s Pup, a tributary of Mastodon creek, in the Circle precinct, to the extent of 400 miner’s inches, taking the water from a point about 50 feet below the upper boundary line of discovery placer claim on said stream, and carrying it by a ditch, about one mile in length, along the left limit of Mastodon creek to claim No. 19 above discovery on said Mastodon creek.
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The plaintiff claims the right to use the waters of Baker’s Pup, a tributary of Mastodon creek, in the Circle precinct, to the extent of 400 miner’s inches, taking the water from a point about 50 feet below the upper boundary line of discovery placer claim on said stream, and carrying it by a ditch, about one mile in length, along the left limit of Mastodon creek to claim No. 19 above discovery on said Mastodon creek. It appears from the allegations of the complaint, and from the undisputed evidence upon the trial, that the plaintiff’s right was initiated by notice of location or…
1Opinion of the Court
FUEEER, District Judge.
The right to use the waters of such a stream as Baker’s Pup for mining purposes is, of course, conceded, and forms the basis' of the claims of both parties. This right is acquired by taking unappropriated waters and diverting them from a stream and conveying them to a place where they are applied to a beneficial use, such as hydraulic mining operations. The evidence shows that the plaintiff did make such diversion and application of the waters of Baker’s Pup; that his right was initiated by a notice of appropriation, posted July 24, 1911; that the ditch was constructed…
2Cases cited5 opinions
- Van Dyke v. Midnight Sun Mining & Ditch Co.Court of Appeals for the Ninth Circuit · 1910
- Miocene Ditch Co. v. JacobsenCourt of Appeals for the Ninth Circuit · 1906
- Madigan v. Kougarok Mining Co.District Court, D. Alaska · 1906
- Thorndyke v. Alaska Perseverance Mining Co.Court of Appeals for the Ninth Circuit · 1908
- Miocene Ditch Co. v. Campion Mining & Trading Co.District Court, D. Alaska · 1908
3Cited by1 opinion
- Slate Creek Mining Co. v. SundtDistrict Court, D. Alaska · 1932