Arizona republican., 1910-03-02

! valley. From the general testimony in respect to the cultivation in the Verde valley. it seems that such cul- l tivation. though in actual point Of time and relative date of priority. in some instances later than that of land in the Salt River valley. is not of suf ficient area and acreage at the pres ent time to interfere seriously with the prior rights. if any. of the land in the, Salt River valley Such being ! the case. it does not seem desirable to delay the promuIgation of the de- cree herein to await such testimony. nor at .the present time under exist , ing conditions does there seem to be d necessity for determination Of such relative priorities. if any, "i rights between the two widely sepa rated areas of land. The owners of the land in the Verde valley are | party defendants to this suit and i. 1 is conceived that if hereafter cOndi- tions shall arise by increased culti vation or otherwise. which shall make it necessary for q determination of the rights of the land in the Verde valley to the water in the Verde river as against the rights of the l land to which water is by the decree herein shown to be entitled. the necessary steps for such determina tion can hereafter be taken, and such rights and their relation to those hereby decreed may be established by q supplemental decree hereafter to be entered in this suit.
 Evidence has been given of the cX istencc of number of pumping plants by means of which the supply vf water from the river to which the land is entitled in times of scarcity Is supplemented by an underground supply thus made available. In other instances water SD pumped materially lcsscns the flow in the river. such rights as the land and the owners of such plants may have in the water so pumped will not bc intcrfered with by this decree. but as the es- tablishmcnt of such rights, if any. is not within the issues herein. no finding will bc made with respect thereto.
 At the date of this decision the Highland canal has been definitely discontinued as q carrying canal, it's place as such carrier having been taken by the Eastern canal serving the land heretofore served by the Highland
 The unit of measurement of q miners inch. as the expression is used herein. is defined to he ouc- fourth part of one cubic foot of water flowing per second of time.
 The standard of Sycn number of miners inches constant flow as the duty of water is taken because of the familiarity herewith of tue water users in tho valley. and because know Of no other wclI-known adap table standard of measurement. In practical and economical use of water for irrigation and cultivation. how ever no parcel of land is given a constant flow. but the water for a number Of parcels is given to each in rotation. thus giving a larger. a moro scrviccablc and more eco- nomical head of water.
 The various tables and maps at tached hereto have been prepared un- der my direction by the Water Com missioner. Frank P. Trott. Esq. who in many ways has been of material assistance to me in the preparation of this decision.
  case. from the nature thereof. is of necessity a continuing one. The Court retains Jurisdiction of the case and of the issues embraced therein. From time tO time. as conditions may require an enlargement or modifi- cation of the decision and decree. application fur such modification Or enlargement -rlay he made to the Court. and if granted. the same shall be entered at the foot of the decree herein.
 In order tu afford an opportunity 10 make such changes and such prep aration as may be necessary to carry out and conform to the provisions of this decision and decree. the same shall not be effective as of this date but the same shall be effective on and after April 1. 1910.
 Dated. Phoenix, March 1. 1910.
 EDWARD KENT.
 Judge.