Arizona republican., 1919-02-21
A Water Code

Arizona is the one state in the west where irri- gauon is practced extensively that is without water code. And there is no other that would more seriously need one if it had none The state of Wash ington kept company with Arizona in this respect until two years ago, when it adopted code
 Outside of this county and the lands under the reclamation project there are no adjudicated water rights in the state. In various localities there has been temporary adjudication. but no of water under any other than the Salt river project is of his position or is protected against the possibility that his water may at future time be taken lway from him.
 Such rights as he claims are not recognized by men who loan money on lands as security for, matter of fact they are not The farmers loan banks will not loan money them will anyone else who be absolutely that his loan will be protected
 There is identical bill in each house of the legislature proposing to give Arizona a code that every present appropriator of water may know pre- cisey where he stands; that water rights be made matters Of record titles to lands.
 It is the more necessary now that enter ing upon a new era of land reclamation more exten- than any that has before it, that Arizona should have a code. The refers not to the peo- pie of Arizona but to the people of the whole try for of Arizona enter upon such period until have a code Private capital will be in vested in projects large small, until water rights definitely established and we are informed that government aid will not be extended any project where rights remain in doubt.
 The present administration Of water far it exists lies in the counties that in the courts but county exercise control jurisdiction beyond it's own boundaries. The Gila- the Santa Cruz, the Verde and the San Pedro each runs through several counties. In fact all streams which lend themselves fo irriration arn streams Tbcre must therefore. be state control at all.
 The following outline of the proposed code is taken from circular the university extension serv- ice:
 The proposed law provides for a state water com mission whose duties to ascertain and record all existing water rights: to grant rights. for bene- ficial use of unappropriated waters, to those who make proper application. to protect rights by regulating diversions; and some miscellaneous duties which will be presented little further in this paper. These functions and authority may be placed a commission of three men. or. perhaps better still. they may be concentrated upon single officer in the interests Of economy. efficiency and speed, as in the case of our state land department The functions of such commissioner commission will be discussed in detail separately.
 First, the state water commission is empowered 10 determine and record all existing water rights This is done the initiative of the commission very few water users. Instead of accumulating thousands Of pages of personal testimony, much of which is prejudiced. conflicting. and nebuous as is done at present surveying parties put the field to determine the amount of water available the sys- tems Of ditches and their capacities, the of land in cultivation, the priorities the soil and crops raised. and the duty of An entire watershed IS taken at one time, since obviously all the rights on a single river system nterdependent All the data and testimony obtained are placed open to in- spection for definite time and in of contested appropriations public hearings are held FnalIv an order of determination, establishing several rights in priorfties and amounts is filed with the clerk of the state supreme court and with the county recorders in those counties through which the stream flows. The court then affirms the determination or feinands It to the commission for revision. Any water user has the right of appeal the court or within six months after the court has entered ifs decree, apply for a rehearing. There is no DOS sbity therefore of injustice being fastened upon any party or person. When the adjudication is com pleted, certificate in the of deed is ssued o each man who is found to have valid water right
 Among the functions of the commission are the control of new appropriations; the distribution of water to the appropriators the control of the states money within the state for the measurement of streams and other acts looking to the development of ,vatev the investigation of all water and power possibilities Inc protection of Arizona's interests which conflict with those of six other states in the Colorado river md the supervision of all plans for dams and head works
 The interests of Arizona in the Colorado have become vital It may be surprising to learn that long iso all the natural flow of river was appropriated SO that there is none for the large tracts of lands In the Yuma valley and at Parker. The reclamation ot those lands will depend upon the flood waters and 1T there should be too long delay they too may be ab sorbed
 At this time when counting upon CO., operation with the federal in soldier set tlement work, should put ourselves into position to cooperate.