25 



■who is entitled to the Avater, how are their rights to be protected? 

 The answering of these questions requires a study of the existing 

 systems of water rights in the States, and of the character of the 

 streams. 



EIGHTS TO WATER. 



In the arid region irrigation began before the adoption of any laws 

 regarding the diversion of water from streams and its use in agincul- 

 ture. As a result, the irrigation codes of the States have had a 

 gradual growth, laws being enacted from time to time in response 

 to changing conditions as the use of the streams for irrigation has 

 progressed, and decisions defining the nature of rights being handed 

 down as new conflicts have arisen. This process is still going on, 

 and, therefore, there are many things regarding rights to water which 

 can not be considered settled. However, some principles have been 

 recognized in the constitutions and laws of the States, and others have 

 been decreed and so often reaffirmed by the courts that they may be 

 considered finally settled. 



The early settlers found that they needed to put water upon the 

 land in order to grow crops. They therefore built ditches and took 

 the water from the streams without formality and without restriction. 

 This came to be called appropriation of water, and the right to take 

 water in this way was called the right of appropriation. 



As diversions were made, the time came when new diversions less- 

 ened the supply of some of those who had already used water. 

 Simple justice demanded that the person who had dug a ditch, im- 

 proved his land, and used water be protected in that use, since taking 

 the water away from him destroyed the value of his property. The 

 superiority of the right of the first users over the rights of those 

 making later diversions was recognized bv common custom and by 

 laws, and is known as the principle of priority. 



On the other hand, justice and the public welfare demand that the 

 holder of the early right shall take only such water as he needs, 

 leaving as large a supply as possible for later comers. It is, therefore, 

 required that the water taken from streams be put to a beneficial use 

 and not wasted. 



The right of appropriation and the principles of priority and bene- 

 ficial use have been recognized by the States of Colorado, "Wyonung, 

 and Nebraska. Each of these States has also recognized the necessity 

 of providing for the distribution of the water of its streams to those 

 entitled to it, and has provided officials for this puri)ose. These 

 general features of the laws have been fully discussed in previous 

 bulletins of this Office." 



a U. S. Dept. Agr.. Office of Experiment Stations Buls. 58, <50, 70, 96, 118, and 

 140. 



