The Coconino sun., 1924-08-22

That is merely an affirmation of
the law which has been in effect and
recognized by our courts as the law
since the organization of the territory
of Arizona
The constitution of Arizona grants
full acquiescense in the United States
reclamation act and the authority of
congress to carry out the provisions of
the same, to the same extent as if
this state had remained territory.
One of the decisions clearly defin-
ing the priority right to the use of
the public waters in Arizona is in
the case of Clcugh v. Wing, 2 Ariz.
371, in which the court, among other
things, said:
"The waters of non-navigable
streams are public, and may be APP
propriated for Individual use, for ir-
rlgation and other purposes, and 9TH
ers may only mean appropriate the
same subject to the rights Of prior APP
propriators.."
That a right to use the public
waters of the state of Arizona may be
obtained and must now be obtained
under the water code as follows.
"Sec. i. The water of all sources
of supply, flowing in natural streams,
canyons, ravines or other natural
channels, or in definite underground
channels, whether perennial, intermit-
tent or flood waters, waste or surplus
water, and Of lakes, ponds and
springs, on the surface, belongs to the
public, and is subject to beneficial use
as hereinprovided. Beneficial use
shall be the basis and the measure
and the limit to the use of water in
the state, and whenever hereafter the
owner of a perfected and developed
right shall cease or fail to use the
water appropriated for period OF
five (5) successive years the right to
use shall thereupon cease and revert
to the public again subject to appro-
priation in the manner herein pro-
yided." $ < =
"Section 5. Any person, association
or corporation, irrigating district, mu-
nicipality or the state of Arizona or
the United States of America here
after intending to acquire the right to
the beneficial use of any waters shall
make an application to the COM
missioner for permit to make such
appropriation"
The right to the beneficial use of
the waters of the Colorado river with
in the borders of the state of Arizona,
or the right to take the waters from
within and beneficially use the same
without the borders of the state, or
from any other source of supply of
ae3, ,41
obtained from the state under the
| above provisions.
This is recognized by the federal
| government in the u. S. reclamation
act:
Sec. s. That nothing in this act
shall be construed as affecting or in
tended to affect or to in any way in
terfere with the laws of any state Oh
territory relating to the control, ap-
| oropriation, use or distribution, ot
water used in irrigation, or any vest
/ ed right acquired thereunder, and the
| secretary of the interior, in carry
ing out the provisions of this act
shall proceed in conformity with such
1 laws, and nothing herein shall in any
way affect any right of any state OF
1 of the federal government, or usel
| IF water in, to, or from any inter
/ state stream or the waters thereof
! Provided, that the right to the use Cd
! the water acquired under the provis-
ions of this act shall be appurtant tc
| he land irrigated and beneficial USE
| shall be the basis, the measure, anO
1 the limit of the right" i32 Stat. 390.)
! A similar provision in the federal
water power act under which the
| federal power act commission was or
| ganized:
Sec. 4. Exhibit d. Evidence that
The applicant has complied with the
laws of the state or states within