Environmental Law

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Stock Water Rights on Federal Land

July 30, 2012

Local custons and practices for the use of stockwater began before the Treaty of Guadalupe Hidalgo and the Gadsden Purchase. Bur General Kearny, author of Kearny's code was a wise man and he incorporated Mexican land laws into his code and these concepts were adopted into the treaty and the Gadsden Purchase. One important concept was the idea of a separate estate for surface and minerals, and the separation of water rights from the land.

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