WATER SUPPLIES FOR IRRIGATION. 



199 



water-shed by a system of triangulation 

 and then approximate the boundaries from 

 these. 



More frequently it is the case that close 

 figuring is required to determine the suffi- 

 ciency of the water-shed, in which case its 

 area must be ascertained with great exact- 

 ness. It is then necessary to traverse the 

 boundaries with a transit line and calcu- 

 late the latitudes and departures in order 

 to check the correctness of the work and 

 calculate the contents of the water-shed. 



AMOUNT OF PRECIPITATION. 



The amount of moisture falling on the 

 tributary water- shed in the form of rain 

 and snow should be observed and a record 

 kept. The method of making these obser- 

 vations has already been discussed herein 

 in connection with natural streams and the 

 same rules will apply to observations on 



the water-shed tributary to a proposed 

 storage reservoir. Stations at which ob- 

 servations are taken should not be over 

 a mile apart. These stations should be 

 correctly located on the plat of the water- 

 shed, so that a daily record of the results 

 of each observation with the number of 

 the station at which it was made can be 

 kept for future reference. 



The value of such observations even 

 made for only one year is considerable, but 

 in order to fix a minimum and maximum 

 rainfall they should be kept for a number 

 of years. Statistics show that dry and 

 wet years occur in groups of from three to 

 ten years. Hence observations must be 

 made for a period covering half a score of 

 years or more in order to ascertain the 

 fluctuations of rainfall with certainty. 



(To be continued.) 



CASE WHERE AN INJUNCTION DID NOT LIE, 



BY CLESSON S. K1NNEY. 



I SEE by the reports that my friend A. 

 J. Chandler of Phoenix, Arizona, has 

 finally won his case in the supreme court 

 of that Territory by reversing the judg- 

 ment of the district court. Well, he 

 ought to have won. In the face of ex- 

 press statute of Arizona, and in the face 

 of the almost universal decision of the 

 supreme courts of the Western States and 

 Territories upon the subject the district 

 judge must have spent many a sleepless 

 night in digging up an old common law 

 theory which he thought would fit the 

 case. " Water should, and by right ought 

 to flow where it has been accustomed to 

 flow." A theory so ancient and mil- 

 dewed that it smells of the peat bogs of 

 England, where the principal question is 

 how to drain the water off from the land 

 and not how to permit to run over them 

 in such a manner that it will do the 

 greatest good to the greatest numbers. 



In the case before us, the plaintiffs and 

 appellees were the prior appropriators and 

 users, as between themselves and ap- 

 pellants, Mr. Chandler and associates, of 

 certain water of the Salt river and con- 

 ducted the same through what is known 



as the " Tempe Canal" to where they 

 used it for the purposes of irrigation, and 

 turning a grist mill. Appellants having 

 appropriated, and otherwise secured, the 

 use of water from the river, subsequent to 

 the appropriation of the appellees, at a 

 point in the river several miles above the 

 point of diversion of appellees, for the 

 purpose among other things,of ' ' creating, 

 generating, and perpetuating, for public 

 and private use, a water power of not less 

 than 800 horse power," then sought to 

 mingle the water of the appellees with 

 their own, and run it from the river 

 through their canal over a precipice having 

 a fall of forty to fifty feet where their 

 power plant was located, and afterward 

 delivered it back to the appellees' ditch at 

 a point above any place where the water 

 was used by them, and at the time when 

 this action was commenced to enjoin ap- 

 pellants they were so actually running and 

 delivering said water. An injunction was 

 issued by the district judge and upon the 

 final hearing of the case the injunction 

 was made perpetual, and restrained ap- 

 pellants from interfering with the water 

 of the appellees, except to use it for 



