46) Once vested, the appropriator would have the ability to perpetually use and consume the same quantity of water each year,(47) and the beneficial uses of that water form the boundaries of the claimant's usufructuary right
As such, it has been necessary to consider the particular text in pari materia with other legislative enactments and in light of the general historical relationship between the Indians and the federal government in general, and in relation to the particular relationship of the federal government and the tribe claiming usufructuary rights
For the English, the negotiation of usufructuary rights
to land was central to political authority.
Research on and discussion surrounding the establishment of water rights has emphasized that usufructuary rights
include both the right to use and the right to derive profit from water resources.
39) The final question was whether the tribe's usufructuary rights
were terminated when Minnesota joined the union.
stated that the interest of the natives in their land was a "personal and usufructuary right
, dependent upon the good will of the Sovereign.
25) During this period plots were provided to the settlers for cultivation and they were also given usufructuary rights
to la vega and la sierra.
are based on the "use it or lose it" premise in which the permit holders must justify their consumption as "reasonable and beneficial," a common requirement with water rights.
Under the new law the right to own land is reserved to the state, but the people now have access to the land in lifetime usufructuary rights
Depriving the MSBF of its usufructuary rights
to the 7-hectare property would violate Section 10, Article III (Bill of Rights) of the l987 Constitution, which proscribes the passage of any law impairing the obligation of a contract.
These aboriginal title claims are claims to land and the various usufructuary rights
practiced are parasitic on the underlying title.
Prescott held (1) that overlying landowners did not have vested ownership of the physical water beneath their lands, and instead only held usufructuary rights
to use that water; and (2) that those usufructuary rights
were appropriately subject to regulation.