Where the citizens of a state through which the upper waters of a river ran di verted a substantial part of the water for irrigation,, in a bill filed by a lower state on the same river against the upper state, it was held that it did not appear that there had been more than an equitable use of the water in the upper state; Kansas v. Colo rado, 206 Ti. S. 46, 27 Sup. Ct. 655, 51 L. Ed. 956.
See BOUNDARIES ; FISHERY; RIPARIAN PRO PRIETORS; POLLUTION; IRRIGATION.
In International Law. A river which is en tirely within a state is part of its terri tory. Where a river forms a boundary be tween two states and flows to the ocean, it is "now generally considered that the right of navigation, for commercial purposes, is com mon to all the states inhabiting the different parts of its banks ; but this is a right of in nocent passage only, subject to the regula tions of the abutting state. These rights have usually been adjusted by treaty; the Rhine is free in its whole navigable length, under the Congress of Vienna; and so of most of the other large rivers of Europe. In 1795, the free navigation of the Mississip pi was secured to the United States by treaty. After much controversy, the St. Lawrence was, in 1871, stipulated to be free to the United States for the purposes of commerce, from the point where it ceas ed to be a boundary between it and Canada, to the sea, subject to the regulations of Great Britain or Canada, not inconsistent with such privilege. See 1 Halleck, Int. L., Bak er's ed. 171.
Levees. The construction and maintenance of levees is an important subject of legisla tion in the states bordering on the Missis sippi river and its tributaries. Such stat
utes usually provide for the construction of levees by some public authorities or under delegated power of eminent domain, and provide for a charge on the land benefited thereby for making and repairing the same. This tax is usually a lien on the land and ap plies to all lands lying within a certain spec ified distance of the Mississippi river. It has been held that such taxation is consti tutional and that the power, whether exer cised for general or local purposes, belongs to the legislature and is not subject to in terference from the court ; Williams v. Cam mack, 27 Miss. 20% 61 Am. Dec. 508. The legislature has power to' impose local taxa tion for such purposes, and laws imposing taxes upon certain districts, whether the citizens affected are of the same political division, subdivision, or district or not, are constitutional ; Alcorn v. Hamer, 38 Miss. 652.
The building of the levees is a proper sub ject of legislation and a general tax may be levied therefor ; State v. Clinton, 26 La. Ann. 564; Police Jury v. Tardos, 22 La. Ann. 58. In Louisiana, it has been made a crim inal offense to cut levees ; Laws 1875, 49. Crevasses in the district,, do not release the owner of the land from the levee tax; there is in such case a greater necessity for its payment; Templeton v. Morgan, 16 La. Ann. 440. Every sovereign state may construct and maintain levees ; Cubbins v. River Com'n, 204 Fed. 299.
See DRAINAGE DISTRICT; ASSESSMENT. See RIPARIAN PROPRIETORS.
RIXA (Lat.). In Civil Law. A dispute; a quarrel. Dig. 48. 8. 17.