Tombstone epitaph. (Tombstone, Ariz.) 1887-current, 1919-04-06
ARIZONA WATER CODE
PASSED ev LEGISLATURE


TUCSON. Ariz.. April At a re-
cent assembly OF the University an
Instructive discussion of the Arizona
water code was given by Professor
G. E. p. Smith. who assisted in the
preparation OF the code. and spoke in
favor OF il before the recent leyisla-
tuer.
The modern water code. saii Pro
fessor Smith. is a complete system of
protection to these who use water 70.
irrigation. power. mining and other
purposes Where hundreds of water
users are drawing from common
source of supply. it is inevitable that
in::s:ice will result unless provision
is made for the orderly distribution
Of water TO those entitled TO its use.
The farming communities of Arizola
and Kenilworth reverted to desert
when the water supply was inter
copied and used in counties further
upstream on the river. The water
supplies belong 10 the public; the
public is concerned that they be
used 10 the fullest extent. and there
fore the public must see 10 it ,hs;
ver;ed rights in the use of water are
protected.
The water code provides fer the
determination OF all existing water
rights. in priority and extent. in the
Quickest. cheapest, and most direct
and business-like manner. for the con
troll of future appropriations in sucn
a sy that prior users will not be in
jured; and for the exercise of such
control in the distribution OF water
that each user will get his Just al,
lowance.
A; the present time a new appro-
priation is made by posting con
spicuous" notice on a tree at the pro
posed ditch heading This is usually
at some lonesome place on the stream
where the notice is seen by nothing
but coyotes. Presumably its effec;
is 10 rob some one twenty or fifty
miles farther DOWNSTREAM of his va.
ter supply Under the new law. Ar
IONA. Ike the other fifteen arid states
viii have central Office 4: which
farmers and investors can ascertain
whether there are any unapprppriat
ed waters in a stream This Is a
great help to the honest investor
while il effectually prevents water
stealing. Every valid appropriation
will be evidenced by commissioner:
certificate, which is analogous TO q
deed TO land
The immediate necessity for tn,
code is that Arizona needs fedora
aid TO build more storage reservoirs
enterprises too big for private CAPT
tai Storage on the ella is needed
especially. but the federal govern
ment refuses TO assist until the wat
er rights are determined. and. up u
the present time, there has been n,
adequate legal machinery whereby thu
adjudication could be made.
The new code places Arizona on
parity with the ether six states whic!
utilize the waters OF the Colorado riy
er. and will facilitate in a great meas
ure. the development OF the conpre
hensive plan for storage and utiliza
tion OF the food aters of the Amer
can Nile
Under the plan Of the law, the Gil
watershed will be adjudicated first
after which will come the Yuma va
ley, the Little Colorado, and othe
areas Ultimately every water RICH
in the state will be definitely estat
lished, water litigation will cease. 3
legal practices. such as the barter @
excess water rights. will be stoppe
and our water supplies will be full
conserved and benefcially used.