Arizona republican., 1910-03-02

users. This land has acquired d prior right over and above all others to this amount of 800 inches. The amount of land to which this water has been applied is about 2.500 acres This amount of water is insufficient properly to cultivate this amount of land. The evidence shows that for the cultivation thereof at least 100 miners inches is necessary. Strictly. the additional 200 inches necessary could be decreed to these lands only after others prior in right had received the water to which they are entitled In consideration. however. of the fact that the 5O0 inches to which the land at low stages is entitled is not in- creased. even when at the higher stages of the river the land by it's acreage and early date of reclamation might be entitled to more than such 800 inches. and in order to avoid the practical difficulty of method of distribution which would combine q definite fixed quantity at all stages with q varying quantity given sc- cording to priority. by consent of all parties in the suit. 700 miners inches of water is tn be given the Indians for use upon these lands at all stages in the river. and prior to the distribu- ton and diversion of the remaining water in the river, such water to he measured at the lateral ditch or ditchcs to such land at their point of diversion from the Arizona canal. Certain other parcels of land in this reservation not embraced in the area n ,f in cultivation from time tU time by these Indians, but these parcels arc not included in the area for which the 110 inches are appropriated, but form a part of th" land in class en- titled only to the right to obtain water dppcrtaininE to the land in that class. and arc found in the tabulatcd state mcnt of such land.
 For many years last past q number of Indians living "n land within inc Camp Mcdowell Indian Reservation, situated along the Verde river above it's cunfluX with Salt river. have Culti- yaicJ such land by means of water di- vcrtcd from tine Verde river The extent of such cultivation is approxi- matcly l.3O0 acres. The maximum amount of water to which this land is entitled is 390 miners inches constant flow As q matter of fact, for some years last past. because of the insult ficicnt means of diversion of the water from tho river. and for other causes. these Indians hay" not been able tO divert from the river the amount If water necessary for the proper ir- rigation of the land. II is the cX pressed purpose and intention of the government within the next year to remove these Indians from this rcs"r- ration to the Salt River Reservation. and to have them settle upon land within that reservation to he irrigated by means of the proportionatc share in the stored water in the Roosevelt reservoir, to which such land. as land in class r. or class C may acquire the right to share. In the expectation of this change of domicilc and discon- tinuance of use of water as at prcssn; made from the Verde river by these Indians. and until the further order of the Court upon application with re- spect thereto in this suit. if herein- after necessary. the present diversion and use Of water upon the said land in the Camp Mcdowell Reserva- ton by these Indians may be main- tained.
 Evidence has been given in the suit with respect to the cultivation Of land on the south side of the river in sections 25. 26, 27. es, 33 and g.. township l north. range east. and % acres in section 90. township 1 north. range east. The facts show that the cultivation of these various parcels Of land vas either by mdc- pendent ditcheS from the river not embraced in this suit or hy waste water. There is no such evidence of appropriation Of water to these parcels of land as will permit of an. establishment of their right to water diverted from the river in the canals that have their heads at or above the Joint Head, to which the issues in this suit are confined. This land. as likewise other land in the western portion Of the valley not embraced in this suit. has had. and may still be entitled to have, for it's source of supply the water rising in the river below the Joint Head. which supply is not within the issues here. These
 
 under the testimony. entitled to a de- cree establishing their pruportionatc right of water under class A, or their right to a preferred application under class n, where they have been or shall be listed in the water users and become thereby priv ilcgcd to enter into contractuat re- lations with the government with re- spect to the stored water. arc entitled to the rights appcrtaininS to land in class C.
 Water has been applied for num- bcr of years upon several tracts of land otherwise uncultivated for rows of ornamental and shade trees grow ing thereon. Such an appropriation is. valid one. The evidence shows that under ordinary conditions of planting. water sufficient for five acres of land is sufficient for one mile of such rows of trees. In de- tcrmininS the amount of water to be delivered to such trees. such standard of measurement has been taken.
 Proof has been given in this case and the fact established of an appro- priation uf water to the land described as southeast quarter of section 25. township i north. range : east, by means of subterrsnean flow of water independent of the water in inc river. through q ditch leading from the source of such supply in section 20. township north. range { east The issues in this ease being