34 



has cortiiinlv Ixhmi a serious (lni\v])ack to the irrioated section in 

 general. 



The present condition is hut a development of the conditions described 

 above, only complicated somewhat by one or two recent years of 

 short water supply'. The man on the lower end of the stream claims 

 those above him are using more water than their just share, while the 

 man above says he has no more than he needs, but the large incor- 

 porated canals divert water in excess of their rights or needs, and 

 allow the surplus to run back into the river at the ends of their canals 

 too low down on the stream for subsequent diversion. The officers of 

 the larger canals say there is water enough for all if only economical 

 use is practiced. Meanwhile new appropriations are being made each 

 year higher and higher on the tributaries. On some of the streams 

 the day is long passed when the abundance of the supply served to 

 prevent litigation, notably on Middle Creek. 



The necessit}' for litigation arises from the fact that rights are 

 acquired without public supervision and therefoi-e without public 

 records. While their existence is unquestioned, under existing laws 

 they must remain undetined either as to volume or time until detined 

 b}^ the courts as a result of litigation V)etween claimants. Naturally 

 such litigation will not arise until the supply of water is insufficient to 

 supph^ all demands. 



In 1885 a law was enacted requiring all parties wishing to acquire 

 rights to water to post notices stating the number of inches claimed; 

 the purpose for which it is claimed; the place of intended use; the 

 means of diversion, wnth size of flume, ditch, pipe, or atpieduct by 

 which he intended to divert it; the date of appropriation, and the name 

 of the appropriator. Within twenty days a copy of this notice, with 

 the name of the stream and accurate description of the point of diver- 

 sion, must be filed Avith the county clerk and verified by the affidavit 

 of the appropriator or some one in his behalf. Within forty days 

 after posting work must be begun, and must be prosecuted with rea- 

 sonable diligence to completion. "If the ditch or flume when con- 

 structed is inadequate to convey the amount of water claimed in the 

 notice aforesaid, the excess claimed above the capacity of the ditch or 

 flume shall be subject to appropriation by any other person.'' If this 

 law is complied with the right to the use of water relates Imck to the 

 date of posting the notice. 



It will be seen that the notice provided for is posted and filed before 

 the work is })egun and that the beginning of the work within fort}' 

 days and its diligent prosecution to completion are necessar}' to the 

 acquirement of a right, and that this right is limited by the capacity of 

 the works, not l)y the amount claimed. The record, therefore, is evi- 

 dence of the intention of the claimants only, and not in any way an 

 index of the rights acquired. 



