Arizona republican., 1910-03-02
IN RE HURLEY Vs. ABBOTT
oContinucd from Page 7D

'n the south side Of the river the lard lying under the various canals is served by the canals independent of each other The land. therefore. does not form one general system. hut there are several systems. each under separate canals. The Utah. the Mesa. the Consolidated and the High land canals no longer maintain in- dependent heads. Tho water for these canals iS diverted from the river at tn" Granite Reef dam until d system of measuring at the land is adopted. Thc amount to be added to tine water diverted and measured to these canals for joss is therefore to be determined by the distance from the Granite Reef dam to the end of the main canal of each of these systems. This dis taucc is found to be for these can alS as follows:
 The Utah. IT. miles: amount to be added. 15 per cent.
 The Mesa. 1f miles; amount to be added, n per cent
 The Consolidated. s1 miles: amount to be added. 2l per cent.
 The Highland. : miles: amount to| bc added, per cent.
 The Tempe canal maintains an in dependent head and divcrts a portion uf the water it carries through such head. The water Sn diverted is to be measured under present conditions al the present place of measurement. to-wit. a point about three hundred wards below it's present head gates. To the water so diverted and meas urcd the amount to bc added for loss m subsequent carriage is to he de- termincd by the distance from such place of measurement to the end nf the main canal. This distance is hereby fixed upon as fl miles. and the amount is. therefore, II per cent \ portion of the water from the Tempe canal. by q determination of Court heretofore had. has been di- verted in the past at the Consolidat- cd Head (and recently at the Granite Reef damD and carried to the Tempe canal through the Tempe crnss-cut from the Consolidated canal. $" bong ss this method of diversion aud car riage is maintained the portion uC the water for the Tempe canal so diverted and carried shall be meas ured in such cross-cut at the place of measurement heretofore maintained. to-wit. point about "ne-thlrd mil" above its junction with the Tempe canal The amount to he added to such water for loss in subsequent car riage is to be determined by the dis iance from such measuring station to the end of the main canal. This dis tsnce is hereby fixed upon as II miles, and the amount is. therefore, II per cent.
 The Broadway aud San Francisco canals receive their water from the Tempe canal The amount Of water these canals are entitled to receive for the land lying under them is meas ured at the point of delivery to the San Francisco canal just below the Hayden mill The amount to be determined by the distance from such point of measurement to the end of each of their main canals, respec- lively. Such distance is found to be, for the San Francisco canal. miles; for the Broadway canal, 10 miles; and the amount is therefore per cent and 10 per cent. respectively.
 One of the essentials to the estab- |! lishmcnt of continuing right to the use of water is 2 reasonably con- 1 stant use The evidence in the case
 
 body of the land in question cul- | tivstion by irrigation has been con- 1 uous year by year from the various dates of the first reclamation of the several parcels down either to the present time or to time sufficiently | near to the present time as will permit Of a determination with req sonable certainty as to the intention !
 IA ant ff continuing cultivation. In many other instances the evidence shows that though such cultivation may not have been carried on in each and every ! year. the cultivation has been reason- | ably constant to such time. and there has been no intent to discontinue def | initcly such cultivation. No distinc- 1 ton as 10 right of present use oI the normal flow. except that of prior | ity. is perceived between such various ] parcels of land. They are entitled ac- cording to their relative dates of re- | clamstion. and by years. to the use of their normal flow of tine water in the | river to the extent necessary for their | economical cultivation. They form a distinct class preferred in their | rights to the use of such water over aud above the other parcels of land in the suit For the purposes of this ! suit they may be designated as land in class A A description of these | parcels uf land listed by years of date 1 of appropriation appears in tabuiated form in the tables designated , and | hereto attached. being tables for 1 the land on the North Side and South Side, respectively: they include | all land now being cultivated or upon | which cultivation was continued to i as late date as during the year of 1903. Where land has been cultivated | in the past, but such cultivation dis | continued prior to the new date ol | appropriation under which it ap- | pears in the table. the dates of such [ prior cultivation will be found in the table under the column entitled Ike | marks" This column also gives the | last date of cultivation, so far as the proof before the Court shows. when such cultivation, though not to the year 1909 is later than the year of 1902.
 The evidence shows that with re- | spect to large amount of land. water in the past was applied tlere- l to and the land cultivated in some | instances for one or two years and in other instances for a longer pe- riod of time. in some instances con-