The copper era and Morenci leader., 1922-08-04
THE MODEL CANAL. IRRIGATION DISTRICT

During the past two weeks there | has been launched new project [ which presents many interesting
 possibilities for the future of irriga-
 tion in the Upper Gila Valley.
 On account OI the scarcity of ! water during the dry seasons of the past two years, the farmers under l the Model canal have come to the realization that steps must be taken to secure an adequate water supply, and have decided upon. the forma- tion of an irrigation district under the irrigation district law past at the last general session of the legislature. They have had their attorneys, Elliott and Lynch of Clifton, upon the ground
 making the preliminary investiga tion for the formation of such a dis 1 trict. Under the plan proposed the district will be formed out Of lands
 now watered by the Model canal
 only The canal will be extended
 from it's present point of diversion to ! the Box, six miles above. A sub-
 surface diversion dam will be con structed at that point, and it is
 hoped that ultimately one big canal | will water the entire south side of the River as far down as Duncan.
 ulIc lAlS luOf CAChI hdo OCCA ih
 contemplation for several years, the impetus given to it at the present time has been brought about by a
 decision of the supreme court of the Il United States handed down in May
 of this year. the official reports of which have just been received. This is the case of the State of Wyoming !. against the State of Colorado and certain irrigation canal companies :. operating in the last named state,
 and in order that the rights incident to the appropriation of waters from rivers arising in one state and flow ing into another, which is the condi- tion applicable to the water users above the town of Duncan, may be understood by the people here, we , will give a brief statement of the
 case cited, and the opinion rendered , hy the supreme cour+
 The people of the Cache la Poudre } river near Greeley, in the northern , part of Colorado, have for many
 years been diverting water from that river upon lands irrigated by
 them and lying in the state of Colo rado. A few years ago this canal company attempted to appropriate and divert from the Laramie river l IHc WdLSIS Ol tudl TiN0T duu COuuuCt the same over and through a divide l thence upon the lands in the Poudre 5 basin. The persons living along the Laramie river and in the state of l Colorado at that time had diverted
 and made use of something like
 15,000 acre feet of water, while the people of the state of Wyoming had appropriated and made use of .prac tically the entire flow of the river l over and above the water then used
 by the Colorado appropriators. The
 entire course of the Poudre river is
 in the State of Colorado while the
 Laramie flows out of Colorado into
 Wyoming. The claim made by the
 canal company was that since the
 water arose in Colorado the people
 of Colorado had the exclusive righ
 to it's use until it crossed the stat,
 line. and were not compelled to re
 cognize any right of priority in tn, h Wyoming appropriators. This was n the issue before the Court The cas-, @ was eleven years in court before it h final determination and the suprem e court finally settled for once and fo z all this yeXed question by decidin. V, that state lines have nothing what .e ever to do with water appropriations d but the test of water right is pri le ority of appropriation, that is diver " sion and the application to benef lf cial use of water from a river
 Dl This question is the exact probler in that has confronted the people c Ol this section for many years. Tn to users of water in the state of Ne' er Mexico. have laid claim to tn
 water on the ground that it bt to longed to the people of that state a Ut long as it was within the stat, of while the farmers under the Mod, is canal have claimed it by virtue ,i- prior diversion and use. The hea
 of the Sunset canal in New MexiC ol being above the head of the Mod' ar canal the former company has sin d. ply taken all the water in times ve scarcity leaving the latter compar
 fContinued on Page Three)