Arizona republican., 1910-03-02

rendition of the Wormser decree, by individual land owners not content with the action of the canal company serving them with water in that re- gard, and various suits have been in- stituted from time to time in this Court to test the validity of such dis tribution of the water under such ar rangemcnt. none of which suits have ever come to final judgment. and one of which. at least. is still pending awaiting the determination of this pro ceeding.
 In the year 1903 the United States Government. acting by the authority of Congress under what is known as the reclamation act. commenced the construction of an impounding dam. known as the Roosevelt dam. upon the Salt river just below the cunflux of Tonto creek with the Salt river. at q point about scVcnty-fiVe miles east of the city of Phoenix. for the purpose of storing the waters of the Salt river in a reservoir at that point This dam, now rapidly approaching its completion. will he approximately 2S0 feet in height above bedrock. will create q reservoir lake of some twcn- ty-livc miles in length and an average of more than one mile in width, and will impound approximately 1900. O00 acre feet of water. The height of the dam is already sufficient to impound at present d large body of water. and its completion is expected within the next few months. The object of the dam and the purpose Of the Govern ment in its erection is to store in the reservoir the surplus water in the Salt river over and above the amount of the normal flow of the river appro- priated and used. The Government also finished the construction in the year 1908 Of d permanent diversion dam across the Salt river. known as the Granite Reef dam. at a point about twenty-fivc miles east nf Phoenix. three miles below the cunflux of the Verde river. from which dam water is now being diverted into the Arizona canal for the use of the land lying on the north side of the river. and which now diverts large portion and which is capable of diverting all of the water necessary for the land on the south side of the river.
 An association of land owners known as the Salt River Valley Water Users Association was formed. comprising nearly all the owners of the land lv- ing on the north side of the river crn- braced in this suit. capable of irriga- tion. and the owners of a maiority Of all the land lying on the south side of the river. The owners of large ma jority of the land lying under the Tempe and san Francisco canals how ever, have not joined the association. By contracts between the Government and the members of the Water Users Association. the latter will be entitled to receive for their land their propor-- tionate share of the surplus water that may be stored by thc Government in it's impounding reservoir. Those not in the association will have no con tractual rights with the Government with respect to the water thus inn pounded.
 In the year 1905 this suit was in- sututed by the plaintiff. r. T. Hurley. he claiming to be an early appropria- tor of water. and asking to have his title quieted to the use Of an amount of water sufficient to cultivate the land owned bv him. He made as de- fendants in the suit q large number of other individual land owners in the valley. After the commencement of the suit the United States having aC- quired the possession and ownership of the canals on the north side of the river and being interested in it's ca pacity as guardian of number of Indian settlers on the reservations situated in the valley. by leave of Court first obtained. intervened as a party in the suit and filed it's answer and cross complaint and sought and obtained process to make party de- fendants to its cross complaint all land owners in the district in the valley irrigated by the canals above men tioned, and prayed for q judgment es- tabishing the rights of each individual defendant and each parcel of land to the water in the river. and the cS- tabishment of the various dates of appropriation of water by each ndi- vidual land owner. These various in- dividual land owners. some four thou sand eight hundred in all. were served with process in the suit and evidence has been taken before the Court re specting the duty of water and the dates of reclamation of the various parcels of land in the irrigablc district in the valley in question from the year 1869 to and including the year 1909 the testimony being taken intermit- tently during q period of two and one half years. The case is now before the Court for adjudication.
 The purpose of this suit is tp nb- tain q judicial determination and defi- hilton of the rights of the various par cels of land and the owners thereof under the various canals above men toned in and tO the use of the water flowing in the Salt and Verde rivers For q complete and effective adiudica- tion of such rights it is necessary not only to determine the date of appro- priation of the water to each parcel of land, but also the amount of the water appropriated and the relative right of each parcel to the other
 The doctrine of riparian rights does not obtain in Arizona. The right of the owner of land to divert from natural non navigable stream the flow of the water therein and to apply the same to beneficial use upon such land is and always has been recognized in this Territory. Such diversion and use. is termed an appropriation of water Whatever may be the steps necessary to take to initiate such q right or to evidence the intent to ini