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Topic: Appropriation (law)

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	Water Rights Law -- Prior Appropriation
		The appropriator may obtain a decree or permit to protect his priority before completing the appropriation in order to assure that water which was available in priority at the time the project was initiated will still be available after its completion.
		When a firm intent to appropriate certain water is established and certain acts in furtherance of the project are undertaken, a conditional water right may be recognized, with a priority date as of the date the first step in the project was initiated.
		The laws of several of the western states provide for replacement plans which are schemes to balance new uses of water with the dedication of other existing water rights to the stream, so that the stream, as a whole, suffers no net decrease.
	library.findlaw.com /1999/Jan/1/241492.html (1752 words)

	ABRIDGED DICTIONARY OF PARLIAMENTARY TERMS
		The appropriations may be authorized for one year, several years, or an indefinite period of time, and the authorization may be for a specific amount of money or an indefinite amount ("such sums as may be necessary").
		Contingency appropriations in general appropriation bills are not in order in either house if points of order are raised against them, although their frequency has increased in recent years in contentious policy areas.
		Appropriation laws usually make funds available for obligation for one or more fiscal years but do not require agencies to spend their funds during those specific years.
	www.rules.house.gov /archives/glossary_fbp.htm (11591 words)

	Appropriation (law) - Wikipedia, the free encyclopedia
		In ecclesiastical law, appropriation is the perpetual annexation of an ecclesiastical benefice to the use of some spiritual corporation, either aggregate or sole.
		Appropriation may be severed and the church become disappropriate, by the presentation of a clerk, properly instituted and inducted, or by the dissolution of the corporation possessing the benefice.
		In default of appropriation by the debtor the creditor is entitled to determine the application of the sums paid, and may appropriate them even to the discharge of debts barred by the Statute of Limitations.
	en.wikipedia.org /wiki/Appropriation_(law) (503 words)

	Schroeder Law Offices - Transactional Due Diligence
		Unlike general property and commercial law, which is governed by legal principles that are largely uniform (or at least recognizable) from jurisdiction to jurisdiction, legal concepts governing ownership of water and water rights vary greatly from state to state.
		Where water has been appropriated for use upon certain land which cannot be used advantageously without it, the water right is an adjunct to the land and passes in a conveyance of the land as appurtenant thereto, unless otherwise provided.
		Under the new law, agricultural water rights appurtenant to land converted to urban use, which have been dedicated to or acquired by a water purveyor, public utility or public body for municipal use are not subject to abandonment.
	www.water-law.com /resources/due_diligence.htm (12102 words)

	[No title]
		Colorado's minimum stream flow law was a pioneering piece of legislation for a prior appropriation state whose practitioners and advocates were rooted in a tradition opposed to the common-law doctrine of continuous flow that came out of the Justinian Code.
		Colorado's instream flow law was implemented by a carefully drawn statute and was not tantamount to the institution of the doctrines of natural flow, riparian water law, or the public trust.
		Laws 1784, the General Assembly added criteria requiring protection for any senior right, whether or not decreed, and that the Board determine that there is a natural environment that can be preserved with the water available to be appropriated.
	cwrri.colostate.edu /pubs/newsletter/1996/oct/oct968.htm (4016 words)

	B-302582, Special Counsel and Permanent Indefinite Appropriation, September 30, 2004
		However, the permanent indefinite appropriation remains available to pay the expenses of an independent counsel (1) who was appointed by the Special Division of the United States Court of Appeals for the District of Columbia pursuant to the provisions of 28U.S.C. et seq.
		In a meeting with Department of Justice officials, [12] the Department explained its view that use of the permanent indefinite appropriation to pay expenses of a U.S. Attorney appointed to serve as Special Counsel who continues to perform his duty as a U.S. Attorney is appropriate.
		It should be noted that we have not objected to the use of the permanent indefinite appropriation to fund the expenses of regulatory independent counsels appointed from outside the government pursuant to such authority.
	www.gao.gov /decisions/appro/302582.htm (2743 words)

	Appropriation - Wikipedia, the free encyclopedia
		Appropriation (sociology) in relation to the spread of knowledge
		Cultural appropriation is the borrowing, or theft, of an element of cultural expression of one group by another.
		The tort of appropriation is one form of invasion of privacy.
	en.wikipedia.org /wiki/Appropriation (172 words)

	DCBA Brief, March 1999 Issue - The New Illinois Right of Publicity Act
		In order to fully understand the impact of the Act upon the law of Illinois, it is important to understand the development and state of right of publicity law in Illinois prior to the Act’s effective date.
		Common law right of publicity caselaw has been anything but unambiguous, and courts dealing with the appropriation2 tort have based their decisions in a mixture of tort, constitutional, property, contract and copyright law.
		After a discussion of the parallels between right of publicity and copyright law, the opinion states that "republishing uncopyrighted photographs of celebrity is not violative of the right of publicity." This, the court concludes, is because publishing such pictures is similar to "fair use" in copyright law and is justified by the newsworthiness of celebrities.
	www.dcba.org /brief/marissue/1999/art10399.htm (2777 words)

	[No title]
		Under California law, the landowners have a compensable interest in their riparian rights, which must be included in calculating just compensation for the condemnation of their lands.
		According to history of California water law, the use of spring runoff water to irrigate pasture lands is considered unreasonable (consider Herminghaus, and the resulting constitutional amendment requiring riparian use to be “reasonable.”) XV.
		Appropriations before that time were grandfathered in, and are not subject to the SWRCB’s permitting authority (although the board may regulate “reasonable and beneficial use” of such waters).
	users.cwnet.com /keithw/waterlaw.doc (22251 words)

	WATER LAW REVIEW (Site not responding. Last check: 2007-10-22)
		The preservation interests are addressed primarily by state and federal land use law and environmental regulatory law, such as is evidenced by the acquisition of open space and parks by public entities, as well as federal land reservations for national parks, monuments, wilderness areas, and wildlife preserves.
		Even the most ardent proponents of Western prior appropriation law were thunderstruck with the nerve shattering implications of a first in time–first in right state anchoring the interstate river and controlling the destiny of its elevated neighbors.
		Riparian water law, unlike prior appropriation law, is not well suited to a market approach because that legal system restricts the use of water to riparian landowners within the watershed, severely limits the amount of water that can be consumed, and does not promote the efficient allocation of water.
	www.law.du.edu /waterlaw/HOBBS_Article.htm (7236 words)

	[No title] (Site not responding. Last check: 2007-10-22)
		In the FY 91 Appropriations Act, Congress appropriated a lump-sum of more than $9.1 billion for DoD research and development activities; those monies were made available through fiscal year 1992.
		The FY 91 Appropriations Act did not specifically refer to the Institute as one of the activities or projects covered by the lump-sum appropriation.
		As we have explained, it is a fundamental principle of appropriations law, repeatedly enunciated by the Comptroller General, that Congress is not required to enact a specific appropriation for a program.
	biotech.law.lsu.edu /blaw/olc/damus.16.htm (3018 words)

	CRS Report: 96-973 - The Line Item Veto Act: Procedural Issues - NLE
		The new law also requires that, where applicable, the special message identify the specific states and congressional districts affected by the cancellation, and the total number of cancellations imposed during the current session on these states and districts.
		All disapproval bills are to be referred to the appropriate committee or committees in the House and Senate.
		However, the public law and the conference report are silent regarding the procedure to be followed when Congress votes to override the President's veto of a bill or joint resolution of disapproval.
	ncseonline.org /nle/crsreports/government/gov-6.cfm (2528 words)

	Marten Law Group: Environmental News
		The Washington Court of Appeals recently declined an invitation to adopt a common law doctrine of water law appropriation called the “futile call” doctrine, leaving any change in water appropriation rules to the legislative branch.
		The futile call doctrine provides that a senior water appropriator may prevent a junior appropriator from diverting water only when doing so will be of some benefit to the senior.
		Under the doctrine, the junior water rights holder is not required to cease using the water if he can prove the water would not reach the senior.
	www.martenlaw.com /news/?20060614-court-stays-course (946 words)

	AUTHORIZATION FOR CONTINUING HOSTILITIES IN KOSOVO (Site not responding. Last check: 2007-10-22)
		Section II shows that the relevant case law, historical practice, and basic principles of constitutional law lead to the conclusion that appropriation laws may authorize military combat.
		Another instance in which appropriation laws or procurement statutes were thought by some members of Congress to provide some measure of authority for the use of force occurred in the course of the Monroe Administration's efforts to annex Florida.
		On the question whether an appropriation statute enacted by a subsequent Congress constitutes authorization for continued hostilities, it is the intent of the subsequent Congress, as evidenced by the text and legislative history of the appropriation statute, that controls the analysis.
	biotech.law.lsu.edu /blaw/olc/final.htm (15140 words)

	Eastern Book Company - Practical Lawyer
		"The appropriation by the House of Commons of the individual sums granted as supply to the specific services for which they were voted in the estimates is secured annually by legislation in the form of the appropriation Act.
		It authorises Parliament to pass a law creating the Contingency Fund, and determining the sum to be kept in it.
		The legislative act of introducing the Bill for enacting a law for appropriations out of the Consolidated Fund of India is a mere matter of completing the formality of giving the grants made by the House of the People a statutory status.
	www.ebc-india.com /lawyer/articles/2001v1a1.htm (4372 words)

	FocusWest: Draining the West? Tribal Water Rights and the Law Lesson Plan
		Water Rights Law - Prior Appropriation also called first in time, first in right because the priority date determines who gets water when there is not enough to go around.
		If so, their reserved rights would be considered "aboriginal rights," and under prior appropriation law would take precedence over the rights of any other user.
		If this is the case, then their rights are limited by the terms of their treaties, as ratified by Congress, and any other congressional laws governing Indian rights and activities.
	focuswest.org /learn/water/triballaw.htm (522 words)

	Chapter X and Chapter XI
		expenditure and the appropriation of those sums for the purposes specified in the Bill.
		Appropriation law, or for a purpose for which no amount has been
		established by law, the accounts of that body corporate shall be audited and reported on by
	www.intnet.mu /iels/constitution_ch10_mau.htm (3367 words)

	Chapter VIII
		There shall be in and for Jamaica a Consolidated Fund, into which, subject to the provisions of any law for the time being in force in Jamaica, shall be paid all revenues of Jamaica.
		(a) any monies are expended or are likely to be expended in any financial year on any services which are in excess of the sum provided for that service by the Appropriation law relating to that year; or
		(3) The House of Representatives may, by resolution approving estimates containing a vote on account, authorise expenditure for part of any financial year before the passing of the Appropriation law for that year, but the aggregate sums so voted shall be included, under the appropriate heads, in the Appropriation Bill for that year.
	www.ziplaw.com /constitu/chap_8.htm (1016 words)

	Chapter 207 - 432R - S Ver of HB2618 - Title: appropriation; elder law representation (Site not responding. Last check: 2007-10-22)
		Chapter 207 - 432R - S Ver of HB2618 - Title: appropriation; elder law representation
		The sum of $100,000 is appropriated from the state general fund in fiscal year 1998-1999 to the supreme court, administrative office of the courts to establish an elder law statewide telephone hotline.
		The appropriation made in subsection A of this section is exempt from the provisions of section 35-190, Arizona Revised Statutes, relating to lapsing of appropriations.
	www.azleg.state.az.us /legtext/43leg/2r/laws/0207.htm (124 words)

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