El Paso herald. (El Paso, Tex.) 1901-1931, 1910-02-26

or any river or natural stream within
the arid portion of the state of Texas, in
which by reason of the insufficient rain
| fall, irrigation is necessary for agri-
| cultural purposes. may be diverted from
| Its natural channel for irrigation, do
/ nestle and other beneficial uses
| Provided. that said water shall not
son who claims, owns or holds, a possess
| sorry right or title to any land lying
| along the bank or margin of any river
| or natural stream Of the use thereof for
his own domestic use"
| Section 2. The unappropriated waters
Of every river or natural stream within
the arid portion of the state as de-
scribed in the preceding section of this
act, are hereby declared 10 be the prop
erty of the public. and may be acquired
by appropriation for the uses and pur-
poses as hereinafter provided
| Sections and 9. These sections con-
tain provisions regulating the manner
! and effect of the appropriation, and are
modelled upon the corresponding pro-
visions of the civil code of California,
! but differ from them in some particu-
| lass.
Outline of Code for Texas
In the brief synopsis of the statutory
systems adopted in other states, as Civ
en- above it is not intended to suggest
even an outline of code of laws which
would be applicable to the conditions
existing in Texas.
If the above conclusions concerning
the rights of private riparian propri-
etors. upon natural streams, are correct,
and especially upon their right TO use
the waters thereof for purposes of irri-
cation. it is plain that some legislation
is needed, not to define and establish the
fc-l,% hut 70 ,T.,%o flasr
exercise within certain limits.
In the application of these established
doctrines Of the common law to the use
of water for irrigation, the aid of Statu-
atory legislation is clearly needed.
If the rights. upon the same stream,
of prfvate' riparian proprietOrs. have
been correctly stated. if is evident that
some plain and practical method is nee
essary TO determine the relative rights
Of such proprietors, and the proportion
ate quantities of its water they are en-
titled to take and consume.
The difficulty presents itself of ac-
tually determining upon this proportion
ate amount before he takes the water
from the stream; and it is a difficulty
which can only be remedied by statu-
atory Legislation.
Common Law Doctrines.
Assuming the doctrines of the COM
suggested legislation should furnish
practical mode for the application of
these doctrines in the use of water for
the irrigation of land.
The provisions of such a statute should
not consist of vague generalities. out
lining some general right, but should
be detailed, specific and minute
But irrigation is of such paramount
importance to the agricultural Interests
of Texas, that legislation must add some
thing TO the mere common law doctrine.
for the benefit of the nOnriparian cuItf-
vators of the soil. Such nonripa rfan
owners must be provided for and salts
fled, consistently with the natural adj
vantage of the communities of riparian
proprietors.
Texas Irrigation Congress.
One of the important features of the
work to come before the Texas Irriga-
ton congress, and the legislature. is a
provision for the construction of reser-
voirs, not for irrigation purposes only.
but also to prevent the overfIoN-s com
mon because of the erratic behavior OF
some Of the streams within the borders
OF the state, and to furnish wafer 10
cities located along such streams for
domestic use and power
1t is not the intention Of this ar4io,a
TO crtticise, in any manner the existire,
laws, nor any individual who NAV have