72 SECOND THOUSAND QUESTIONS IN AGRICULTURE 



way, the cost of which would have to be fixed by a jury. It would un- 

 doubtedly be in excess of the ordinary acreage price of the land. The 

 only way to avoid being a public utility in such a case would be to sell 

 an interest in the pumping system to those whose lands are to be irri- 

 gated. Under such conditions the system would no longer be considered 

 in public service, and it would therefore not have the right of condem- 

 nation. It would have to pay whatever the owner of the land desired for 

 the right-of-way. 



Riparian Rights and Winter Irrigation. 



I have land on a creek which flows a good part of the year. I want 

 to put in a pipe so that in the winter, when there is a good stream Hawing 

 I can give irrigation and be sure that no one can stop me after the 

 pipe has been installed. I plan to buy land on both sides of the creek 

 above me, to give me the necessary head. If I file a water right on 

 a certain part of the water, will that give me a clear right to use it? 



As a riparian owner you have a right to take and use water flow- 

 ing in the creek, which right must be shared with other riparian owners. 

 As you desire to irrigate when there is "a good stream flowing," the 

 probability is that at that time there will be sufficient for all riparian 

 owners who care to use the water. If any lower riparian owner objects, 

 a division must be made so that each will have a reasonable use of the 

 full flow. There is no necessity of filing a notice of water appropriation, 

 as the right acquired thereby is inferior to the riparian right. Any riparian 

 owner can enjoin the diversion of water by a mere appropriator. 



Riparian Rights. 



I have a water right on a creek that flows through my lands. A 

 neighbor above me, who has never filed a water right, claims that lie is 

 entitled to take water from the creek from the fact that he has been 

 taking water from it for a good many years prior to my filing a water 

 right. Is he right? 



From the statement that the creek flows through the land, it is as- 

 sumed that all of the land lies along the bank of the creek and is, there- 

 fore, riparian thereto. As a riparian owner you are entitled to a reason- 

 able use of the waters of the creek in common with all other riparian 

 owners. A riparian owner, or an appropriator above you may have se- 

 cured a better right to the water by using it to your detriment for a 

 period of five years thus acquiring a so-called prescriptive right. There 

 are a number of elements entering into the determination of a prescriptive 

 right and the one so claiming it must submit proofs. It is therefore cer- 

 tain that where an upper owner has within the past five years started to 

 divert the water from the creek and use it upon his land, he has no 

 greater right to do so than any other riparian owner below him. 



Irrigation or Fertilization. 



// it is advisable to keep the tree growing and tints hold its foliage 

 till as late in the season as possible in order to strengthen the fruit 



