Arizona republican., 1910-03-02

dated canal was begun and is serving approximately 1900 acres.
 This makes total of approximately l36.175 acres now served by these canals
 Some LOO inches of water was first used to operate the Hayden mill at Tempe in 1874, and has been con tinuously so used to this time.
 Judge Kent also notes the fact of the trial of the case of Wormser vs. The Salt River Valley Canal company. and the decree of the court in that case, in 1892. He states that that de- cree never had been cnf'<ced, but had been practically abrogated by an agreement among the various canal companies. He notes that several suits had been brought tO test the validity of this agreement, but that none of them had come to trial.
 He also notes the undertaking by the government, beginning in 1905 of the Salt River project, and the or ganization of the Salt River Valley Water Users association, and that by contracts between the. government and members of that association. the lat
 
 land their proprotionate share of the water that may be stored by the gov ernment in its impounding reservoir The court declares that the common law doctrine of riparian rights does not obtain in Arizona. That an owner of land has the right to divert water from a natural nonnavigable stream and apply it to his land for irriga- tion That such diversion and use is termed an appropriation of water. That the right is not q right to the water itself. but simply to it's use. That the application Of the water to the soil is necessary to complete the appropriation, and that therefore may not be completed by means merely of d declaration of intention or by the posting of notices, nor may it be made by canal company alone as such. independependent of it's owner ship of land. That such appropria- tion must be made by an owner of land or one having d possessory right to it. The right to appropriate is a right that belongs to the land owner but the water appropriated is appro- priated for the land. and when so dp- propriated it's use belongs to the land and not tu the apprupriator That the first in time of appropriation is the first in right to appropriate
 When it was found that the land owner had brought d part only uf his land into cultivation in given year. but with the intention of speedily re- claiming the whole of it. and in fact did in subsequent years within d req sonablc time bring all into cultivation the court fixed the date of the ap- propriation as of the year water was first applied to the land.
 The court treats of the water sup ply as that of the normal flow" Of the river. the "maximum normal flow: flood water; surplus water" and stored water"
 The normal flow" is the flow of water in the river at the various stages available for appropriation Maximum normal" is the total amount to be diverted for the culti- vation of all the lands to which the water has been appropriated. Flood water" is that flowing in the river over and above the maximum nor mal flow" "Stored water" is that in the Roosevelt reservoir.
 The actual maximum normal" is approximately 5s.000 miners inches. and the total capacity of all the canals is. roughly. s7.000 inches.
 The Tempe canal has carrying ca pacity of about 16,000 inches.
 The court fixes the duty of water at three and one-third acres to the inch. or. as expressed in the decree 4S inches to the quarter section. sub ject to modification if that be found too little or toe great in future prac- tice The measurement of the water should be made at the entrance of the lateral to the quarter section. When that is impracticablc the meas urement is to be made at the point of diversion from the river. When not made at the land, l per cent is to be added to the 4S inches for each mile of the fixed canal length of the main canal, to compensate for loss by evaporation and seepage The lengths of the canals fixed for this purpose are as follows:
 Utah. 15 miles.
 Mesa, II miles.
 Consolidated. 21 miles.
 Highland. miles.
 The Arizona. 36 miles.
 The Maricopa, the Grand and the Salt, measured from the head of the Arizona, each 36 miles.
 The Maricopa. from joint head. $ miles,
 The Salt. from joint head, miles.
 The Tempe. II miles.
 San Francisco. s miles.
 Broadway, 10 miles.
 It should be noted that these al- lowances are to be made for miles carried in the specified canals. so that as. for instance. the San Francisco water is carried through the Tempe. it would have the allowance of II per cent as for other Tempe water and per cent for subsequent carriage in the miles of the San Francisco itself
 The court divides the lands under all the canals into three classes, des ignating them as class A." class ''B" and class "C."
 Class A lands are those lands that have been continuously cultivated from the various dates of their reclamation to the present time, or so nearly to the