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Show 200 WATER RIGHTS SYSTEMS PERTAINING TO WATERCOURSES INTERRELATIONSHIPS OF THE DUAL WATER RIGHTS SYSTEMS A Century of Conflict and Adjustment Several years ago the author prepared a paper in which the conflict between riparian and appropriative rights in the West was discussed from an historical standpoint.201 For convenience in tracing the threads of the farflung conflict and the trends, the approximate century was divided into four periods of about 25 years each, followed by general observations. Some general matters included in this present discussion were first written in that paper, and the subtopic "Some Features of the Conflict," below, reproduces the conclusions with but few changes. Reasons for the Conflict The riparian right to the use of water of watercourses inheres in the ownership of riparian land solely by reason of its contiguity to the source of water supply; hence, one who acquires title to the land acquires ownership of the water right as well. In its early common law form, the riparian doctrine accorded to the riparian landowner the right to the flow of water in the channel as it had been accustomed to flow, undiminished in quantity and unpolluted in quality. Although that rule was adequate for propulsion of mill machinery, for floating logs, or for recreational purposes, it obviously was not adapted to consumptive uses of the water on a substantial scale. Increasing demands upon water supplies for utilitarian purposes resulted in so modifying the doctrine in various jurisdictions as to allow consumption of water not only for domestic uses, but also for irrigation of agricultural land and for industrial needs. At this stage there arises a potential conflict, not only between riparian landowners who seek use of the same source of water for increasing their crop production, but also between, on the one hand, riparian proprietors and, on the other hand, possessors of noncontiguous lands with agricultural possibili- ties. This is the general situation that developed in the middle of the 19th century, in the early stages of the formidable westward migration and settlement of arable farmlands both along and distant from stream channels. So there began during this western expansion, and there has continued to the present time, a century (and more) of conflict between the now familiar riparian and appropriation doctrines. In some of the States, as already noted, the conflict never progressed far, or was speedily or gradually terminated by 201Hutchins, Wells A., "History of the Conflict Between Riparian and Appropriative Rights in the Western States," Proceedings, Water Law Conferences, Univ. of Texas, pp-. 106 (1952, 1954). |