37 



1895. In addition to these, applications have been approved by the 

 board as follows: 



AppUcatioH.s (ijiproved for the diversion of icater from the South Platte River in 



Nebraska. 



I8a5 



1K96 

 1897 

 1898 



Final proof has not yet been made on the rights for which the 

 above permits were issued; hence it can not be stated what rights 

 actually exist here. 



These are the only rights on the South Platte in Nebraska acquired 

 by appropriation. Under the doctrine announced in Crawford Com- 

 pany /•. Hathaway (see p. 85). riparian lands in the State acquired 

 from the Government prior to 1889 have rights to a reasonable use 

 of water for irrigation dating from the time of their acquirement 

 from the Government. The lands along the stream, with the excep- 

 tion of very small tracts, were acquired from the Government before 

 1894, the date of the earliest right in Nebraska acquired by appro- 

 priation. The date of the first acquirement of any lands from the 

 Government in the vicinity of the junction of the North and South 

 Platte rivers was 1871. The railroad lands between the junction of the 

 rivers and the west line of range 32 west, in the neighborhood of the 

 town of Hershey, were selected in 1874. West of that private lands 

 were acquired from the Government mostly after 1888, while the rail- 

 road lands in the four townships next west were selected in 1890 after 

 the passage of the irrigation law which the Nebraska court has held 

 abrogated riparian rights, and therefore have no such rights. Private 

 lands in this section were mostly taken up later than 1883. The rail- 

 road lands in ranges 37, 38, 39, 40, and 41 were selected in 188r>. Pri- 

 vate lands in these ranges were taken after 1883. In range 42, imme- 

 diately below the Colorado-Nebraska line, railroad lands were se- 

 lected in 1892, and therefore have no riparian rights. Private lands 

 in this section were acquired between 1883 and the present time. 



Under the decision in Crawford Company /•. Hathaway it is held 

 that riparian rights extend only to the land acquired from the Gov- 

 ernment under a single patent, and that in case of railroad lands it 

 does not extend to the entire section, but only to the subdivisions 

 usually disposed of by the Government. The South Platte River is 

 a meandered stream, and most of the riparian lands were disposed of 



