| OCR Text |
Show ESTABLISHMENT OF THE APPROPRIATION DOCTRINE IN THE WEST 163 Apparently, there had been in this area certain large and to some de- gree indefinite land grants, but as a practical matter Mexican land and water law had not been extended into the area and had no effect upon the systems of property rights that were destined to become effective there.17 In the year following the arrival of the first pioneers, this region was ceded to the United States by the Treaty of Guadalupe Hidalgo, which was proclaimed July 4, 1848.18 Without direction or interference from the United States Government, the Mormons improvised a temporary system of land titles, pending the acquisition of definitive Federal grants, and the roots of a permanent system of water titles. This was done, and probably could only have been done under the circumstances, under a strong and effective church leadership, which altogether sponsored the material as well as the spiritual welfare of the members.19 The Mormon Church took possession of the country, laid out townsites and farm sites, and allotted parcels to members of the church. These early possessory titles were recognized successively by the State of Deseret and the Territory of Utah. Owing to the small size of the Mormon holdings, when Federal land laws became available many separately occupied parcels were actually located within a single minimum government entry. To meet this situation, an entryman chosen by the settlers obtained the patent and deeded the several parcels to their respective occupants.20 Establishment of a system of water titles likewise was a product of the environment. During the earliest years, in the absence of political law, the Mormon Church approved the custom of diverting water by group effort and applying it to beneficial use, and supervised these operations. Early legislation made grants of water privileges, authorized the making of grants, and vested in the county courts control over appropriations of water.21 A statute passed in 1880 recognized accrued rights to water acquired by appropriation or adverse use, but did not contain a specific authorization to appropriate water.22 The principle of priority in time appears to have been recognized by custom before there was any general law on the subject. "Hutchins, Wells A., "Mutual Irrigation Comapnies in Utah," Utah Agr. Expt. Sta. Bull. 199, p. 13(1927). l89Stat. 928 (1848). 19 The Mormon Church was the only authority, and at no time was this authority relaxed. See Geddes, Joseph A., "The United Order among the Mormons," p. 94 (1924). 30 Thomas, George, "The Development of Institutions under Irrigation," ch. Ill, "Land Systems" (1920); Brough, Charles H., "Irrigation in Utah," pp. 12-34 (1898); Hutchins, supra note 17, pp. 13-16. 21 Laws and Ordinances of the State of Deseret (Utah), Compilation 1851 (Salt Lake City, Utah, 1919). Thomas, supra note 20, ch. IV, "Water Legislation 1849-1880," and ch. V, "County Courts and the Control of Irrigation Water." "Utah Laws 1880, ch. XX. |
