The Holly chieftain., 1905-04-21

the case that canal superintendent
is guilty OF unfairness.
No man could make use OF an ordi-
nary water right all the time upon Il
farm. II Is therefore the custom along
most canals To divide the canal into
divisions, and to give notice To di-
division that that will have
water On a certain date and for GER
tain length Of time After they have
used the water the supply is then
turned into the next division, and
they in turn are irrigated, etc.
The kiv provides that the superin-
tendent of IA canal shall have charge
OF its banks and of the head gates
from which the water user draws his
water These head gates must not he
Itampered with or disturbed in any
way by any che but the officers Of the
canal becatise II this were not 81 the
Superintendent could not make IA
proper division OF the water.
Working under the superintendent
and subject to his orders, there are
connecied with the operation of can
ais. head-gatc keeper who controls
the aincunt of water To be taken from
The river. and a series Of ditch riders.
yaryin. in number as to the length
and size OF the canal. and the amount
of water which Is taken through il by
the water users.
1t is the duty Of the ditch riders
under the direction of The superintcn
dent ide the water ON their dl-
vision among the water right users,
and they absolutely control all the
head-gaies through which the later
ais OF the farmer, receive water.
KELATloS OF wATEH-hIGHT OWNER:
TO THE CANAL COMPANY.
The company which originally
builds anal sells given amount Of
water from it to the water users The
|evidence of this sale is usually in the
form of q contract, wherein the com
Ipany agrees to operate the canal ut Il
fixed annual charge per water right.
This contract is like a deed to water
land practically conveys To the pur-
chaser an ownership in the carrying
capacity of the canal. The contract
attaches the water to given piece of
land. and the water cannot be Hsed
upon any other land. 1t is Gus omary
and necessary for an abstract To he
given 10 the water us well as to the
land, and 1t Is important for pur-
chaser tUsee that all assessments for
the maintenance Of the main canal
have been paid as IL is TO see that the
taxes on his land haye been paid.
water right il measured in the
following terms: So many feet per
second Of time, so many acre-feel dur
ing seaspn, or so many inches. One
s+cond-foll Of water running 24 hours
will cover in acre Of land two feet
deep, or is equal to two acre-feet.
Under the headlng water rights" is
given the different amounts which
one cubic foot per second is equal in
miners inches.
In most cases the land and water
are conveyed in the same deed "r by
the same person, in which case the
water would have been previously at
, tdched to the land and the land woulc
, be ndercultivation. In few canal.
of the west water is rented to the lane
owner, but the instances of this sorl
are SO few that it is hardly wortI
while to refer to them. The contrac
:. for the water should prove that tn,
9 company las right to sell from it
: canal no more water than it has
capacity ef carrying.
Upon the purchase Of this right th
" purchaser becomes a water-right own
:, er in the canal The contract will
the canal company usually provide
that when certain amount of waite
:. SAY, for example, three-tifths OF 1t
" capacity from the canal has beel
sold, the watc:-right owner shall b
!. stockho,der In Il company which
y :, then to be formed and shall vote hi
!, own stock and assess himself for Tn
= amount that he thinks proper fer tli
70 operation and maintenance. Thi
% charge for maintenance takes tn
>. water fium thcriyer and delivers /
# ME head-sa,c of the water right owl
~ er'S lateral. phys the salary Of ditc
riders. and pays for breaks. repail
and general maintenance. The watt
70 right owner then takes charge of til
t. water aud conveys it through his Ia
le ,eral or the lateral in which he h;
rs AN Interest, to his land
re LATERAL MANAGEMENT.
e. We have now followed. the watt
a. from its appropriation by the cana
as Thereby establishing its priority, inl
al the head-gatc and down the canal to
,e nnint Mt u,l,i,lf ~ ;c tn ho f.kap fr,,