Arizona republican., 1904-05-15
Complications In the Yuma Irrigation
 Project.

prOJect TOT the lrIlSdllOll O1 AVV'V'' acres of land in the vicinity of Yuma is the conflict of interests which is like ly to arise between the reclamation service and the private corporation which has in hand the irrigation of the district known as the Imperial coun . try" That corporation, the California Development company. has filed upon 10000 cubic feet of water per second, to be diverted from the Colorado river a few miles below Yuma and conveyed to the lands of the Imperial colony-somo of it into Mexico, itis understood.
 An important point, of course, is whether the mere filing upon 10000 cubic feet of water without the acquire ment of any franchises from the gov- ernment in connection with the filing, establishes in the California Develop ment company a legal ownership of that quantity of water. If it does, the next important question is to know to what extent the diversion of 10000 cubic feet of water per second would diminish the flow of the river-whether it would. in fact, leave enough water in the river to serve any purpose of the government. On this point there does not seem to be room for controversy. Ten thousand cubic feet of water per second is an enormous and almost in conceivable quantity, in making irriga- ton estimates. This volume of water would constantly cover 100000 acres three inches deep. It is the equivalent of 100000 miners inches" and while it would be difficult to arrive ac- curately at the duty" or amount of service such a flow of water would perform in the lower valley of the Colo rado, it is not unreasonable to estimate that it would suffice amply for one mill lion acres. To divert 10000 second feet from the river would take prac- tically all of the water in the channel for ten months in the year, according to the governments engineers.
 Near the close of the late session of congress there was a spirited discus sion in committee of some features of the situation. and it was asserted that, should the government proceed with it's Yuma project there would be conflict of interests between the government and the Imperial company. The secre- tary of the interior informed congress that measurements of the Colorado had been made through a long series If years, and the data showed that during three-fourths of the time covered the diversion of 10000 cubic feet per second would have left the river bed dry. The conclusion follows inevitably, that if the California Development company can retain control of the water it has filed upon. the government cannot carry out it's project without resorting to storage.
 The officials of the government insist, however, that ownership of the water in a stream cannot be acquired by merely filing upon it-by recording a notice that somebody or some com pany proposes to divert the stated quantity of water. It is insisted that beneficial use" is the only measure of right. And, indeed, this contention is in line with a great majority of the court decisions on the question. The doctrine has been developed rapidly and strongly, in late years, that "beneficial use" must Immediately follow a notice of appropriation of water in order to make the technical appropriation of any account. In truth, from the lay point of view it is difficult to discern much utility in filing or notice of ap- propriation. under the more recent de- cisions of the courts. The actual diver sion of the water is what counts. The logical deduction is, therefore, that the law will protect the California De- velopment company only to the extent of the water it has physically appro- priated and turned into it's canals, with this modification, probably; that a court of equity would give due consid- eration to any facts showing that the company had made bona fide prepara- tions by canal construction and other improvements, to divert an additional volume of water from the river. In other words. Uncle Sam will hold as his own, all the water in the river in ex- cess of the quantity already appro- priated and put to beneficial use by the development company.
 The San Francisco Chronicle is pro- testing rather vigorously against any infringement of the rights of the cor poration which has developed the thriving country around Imperial, and