BEAN V. MORRIS, 221 U. S. 485 (1911)

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U.S. Supreme Court

Bean v. Morris, 221 U.S. 485 (1911)

Bean v. Morris

No. 122

Argued April 11, 12, 1911

Decided May 29, 1911

221 U.S. 485


Where streams flow through more than one state, it will be presumed, in the absence of legislation on the subject, that each allows the same rights to be acquired from outside the state as could be acquired from within.

The doctrine of appropriation has always prevailed in that region of the United States which includes Wyoming and Montana; it was recognized by the United States before, and by those states since, they were admitted into the Union, and the presumption is that the system has continued.

In this case, an appropriation validly made under the laws of Wyoming is sustained as against riparian owners in Montana.

159 F.6d 1 affirmed.

The facts are stated in the opinion.

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