Arizona republican., 1900-10-26
A Review of Some Western
 Irrigation Laws
A Timely Paper On the Water Cues tion Read by Professor A. J. Nc. Clatchie Before 1he Agricultural Assoc :ation.

This subject may be considered from at least two standpoints: That of the state and that of the individual watsr. user. The state has general intsre t in The economic use of water, and the land owner an individual enc. In the following the question is consid r. q principally from the standpoint of the state
 In the western part of the United States the relation of water to land is different from the relation that exists Tn the eastern states and in parts of Europe. In humid regions surface wa ter is used for differ5nt purposes than II IS Tn the arid regions. Tn the former rainfall commonly supplies the watzr needed by crops, the principal use made Of streams and other surface waters being for manufacturing purposes-to grind wheat, to saw lumber 90 spin cotton and to perform other similar work
 In the west, surface water was first used Tor irrigation, and later. in addi- tlon to this, for placer mining, uses t1 which water had not been put in the eastern part of the country. These naw uses brought about the need of the es- tablisAment of new principl s. the declaration of new constitutional rights and the enactment of new laws. But notwithstanding the putting of water to these new uses in the west, it is r. Sarded in most of these states Gas else wh' re) as public property.
 In the humid part of the United states the doctrine of riparian rights prevails; that is, that a land owner may use any stream or other body Cf sur face water as he sees fit on his own premises. but must turn it. undmin- ishtd in quantity. to the adjacent land owner. The use to which water can be put under these circumstances is prin- cipally that of manufacture. as prevf- ous.y m ntiCned. In most of the wyst this doctrine is not held. as it is net in harmony with the needs of the irrigator. To use water for irrigation it is necessary TO diminish the quantity that iXistS in the stream or other body of water from which 1t is taken It is nevertheless considered public prooer- ", as is shown by declarations mada by a. large number of states of the arid west
 In the constitution of Colorado, with which it came into the union in 1876. the declaration on this point is that The water of every natural stream not heretofore appropriated within the state of Colorado, is hereby declared to be the property of the public" A stat ute of Nebraska declares that The water of every natural stream not h=re- rofore appropriated within the state of Nebraska is hereby declared to be the property of the public" and statute of South Dakota, enacted in 1897. tha. "All surface waters in the state of SoC.h Dakota are hereby appro- priated Co the use and benefit of the public" In tha Wyoming constitution adopted in 1S90 tn declaration on this point is that Water being essential to indus tria l prosperity, of limited amount, and easy of diversion from it's natural channels. Its control must b. in the state. which in providing for it's use shall equally guard all the various interests involv- ed. The water of all natural streams. springs. lakes and other collections of still water within the boundaries of the state are hereby declared to be the property of the state" A statute of our territory enacted in 1864 and sane tioncd by congress is as follows: All rivers. creeks. and streams of running water in the territory of Arizona ars hereby declared public and applicable to the purposes of irrigation and min ing" New M-Xico and Nevada have s.atutJs of the same import. The north