Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1910-03-05
RIGHT GOES
WITH THE LAND
SAYS COURT
SALT RIVER IRRIGATION
ON PERMANENT BASIS.
by Chief Justice Of Ar
zona Establishes Rights Of.
Users Under Great Roosevelt
Project,

\ Phoenix. Ariz.. dispatch to the
Los Angeles Times, says:
Today in the local district court,
Chief Justice Edward Kent. Of Ari-
IONA, made of record his decree in
what is probably the most important
irrigation suit even known within the
United States. The case has been
dockcted as Patrick T. Hurley, plain
tin, and the United States Of America,
intervenor, against Charles +. Abbott
and 1900 others. defendants"
Hurley was the representative OF
the salt River Valley water Users AZ
sociation. The corporation was
formed Tor the purpose of dealing
with the government, which Is con-
temnlating q water storage dam at
Roosevelt, and will repay the gov
eminent the sum of about 1900, 00e.
expended In the building Of storage
and diversion dams and IN the recon
struction of the canal systems. When
rrpayment has been made. tho assoc
citation VIII assume ownership OF the
whole water system, together with is
collateral water power, assets OF inn
mense value.
With these considerations IN view II
became evident. about five years ago,
that strict adjudication must be had
of an water rights ana prlorities In
this valley, on the advice of Judge
j. III. Kibbey, counsel for the Assoc
citation, il was determined to enter
suit against every land owner in the
valley. This suit has been in pro-
gress for nearly 1--WE years.
While the decree, which becomes
operative April / of this year. is of
the greatest importance locally, as abb
solutely fixing the relative rights to IT.
rigation water, each plot being sepa-
rately listed in its own order, there is
q far broader interest in the princi-
pies announced by Judge Kent as
governing the use Of stream waters
for purposes of retaining lane other
wise arid. Particularly is his ac-
ccptance OF the principle that no
canal corporation or association nor
any individual, may become possessed
than its attachment, i~ndissolubly, for
beneficial uses, To Il certain plot Of
land.
This is in line with the findings Of
the Kibbev decision Of 1892. in the
same court, though Judge Kidney aid
not at that time pass definitely upon
question.
An important feature is the deter
mination that, under the conditions
obtaining in Arizona, forty-elght
miners inches OF constant dow shall
be considered, when measured and de-
livered at the land. as Sufficient un-
der ordinary conditions for the pro-
per, economical ana successful irri-
cation of the average product as
grown in the district
IN California Il minors inch Is one
OF a cubic foot of water n
The accepted Arizona tand
service, standard is ac-
cepted IN the decree. which %stipulates.
The unit Of measurement Of a.
miners inch, as the expression Is used
herein, is defined to be oue-fortieth
part OF one cubic FOOT Of water low
per second of time.
AS no dispute Of was
known during the taking of the mass
Of testimony involved, there Is slight
prospect Of any appeal from tho man
dates contained, thowgh the court
states that II is to be expected there
shall be notifications of the decree.