OCR Text |
Show 518 ADJUDICATION OF WATER RIGHTS IN WATERCOURSES use. If under such circumstances "one seeks to appropriate the water wasted or not put to any beneficial use, it is obligatory that he find some physical solution, at his expense, to preserve existing prior rights, or if this cannot be done, and the water is to be appropriated, nonetheless, under the right of eminent domain, the riparian owners, prior appropriators and overlying landowners must be compensated for the value of the rights taken."413 4l3Gerlach Livestock Co. v. United States, 76 Fed. Supp. 87, 94-95 (Ct. Cl. 1948), affirmed, 339 U.S. 725 (1950). See particularly 339 U.S. at 752-755. |