302 IRRIGATION FARMING. 



right to the use of seepage or spring waters is given to 

 the person upon whose lands the same first rises, but the 

 term spring waters as used in the act doubtless refers to 

 artificial springs, produced by seepage or waste water. 

 If however it should be held to apply to natural springs, 

 it might be of doubtful constitutionality. Anything 

 which tends to diminish the source of supply water in 

 a natural stream to the detriment of prior appropria- 

 tors is prohibited, hence the digging of wells close to a 

 stream, so that the water from the stream percolates into 

 the same, is held to be but indirectly appropriating water 

 from the stream. 



McClellnn r*. Hurdle, 33 Pac. Rep. Col. App. 



And so if a source or supply of a natural stream 

 were a lake, to take water from the lake would be an in- 

 fringement of the rights of prior appropriators from the 

 stream. Any body of water in whatever form, originat- 

 ing from natural causes, and supplying and having an 

 outlet through a stream with well-defined channel, i- ;i 

 part of a " natural stream," and the waters are subject 

 to appropriation in the same manner. 



Carrier's Diversion. Canals or common carriers 

 are permitted to divert water from streams, to be appro- 

 priated by their patrons, and many thousand of acres of 

 valuable lands are irrigated and made productive ly 

 this means, where otherwise it would be impracticable. 

 In such case the right of use is in the consumer. Tho 

 Tamil Company is in one sense a quasi public servant, 

 and is entitled to reasonable compensation for the car- 

 riage. When a canal is commenced and completed 

 within " reasonable time," the consumers who thereafter, 

 wit hin a " reasonable time," appropriate waters therefrom 

 to beneficial use, have priorities dating from the carrier's 

 diversion. 



Ditch Rights. The right of way for ditches is 

 easily and oftentimes confused with water rights the 



