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Show 246 APPROPRIATION OF WATER graduated into other forms of organization. In fact, the close association existing between the pioneer town, the farming community, and the irrigation system was similar in many respects in the early days in these two Territories.111 As western municipalities grew apace both in number and in population, and as they naturally required more and more water, it became the accepted practice to give them special treatment in appropriating water for the service of their inhabitants. This of course is entirely aside from their rights of eminent domain in acquiring existing water rights. The water appropriation statutes of a number of States specifically authorize municipalities to appropriate water. Whether or not the State statute refers in specific terms to municipal appropriations, a municipality in any western jurisdiction unquestionably is as fully qualified to appropriate water for its own beneficial purposes as is any other potential appropriator. On the other hand, as stated, they tend to have special consideration. The high regard in which the right of a municipality to provide water by appropriation for the requirements of its citizens is held in the West, where demand for water has steadily encroached upon supply, is evidenced by statutes and court decisions in various jurisdictions. Some situations in point are as follows: Policy declarations.- California: "It is hereby declared to be the established policy of this State that the right of a municipality to acquire and hold rights to the use of water should be protected to the fullest extent necessary for existing and future uses," but not with the right to waste water. "The application for a permit by a municipality for the use of water for the municipality or the inhabitants thereof for domestic purposes shall be considered first in right, irrespective of whether it is first in time."112 Texas: "The right to take waters necessary for domestic and municipal supply purposes is primary and fundamental, and the right to recover from other uses, waters essential to such purposes shall be paramount and unquestioned in the policy of the State," pursuant to constitutional and statutory law.113 111 See, Hutchins, Wells A.: "The Community Acequia: Its Origin and Development," 31 Southwestern Historical Quarterly 261 (1928); "Mutual Irrigation Companies in Utah," Utah Agr. Expt. Sta. Bull. 199, pp. 16-20 (1927). See also Thomas, George, "The Development of Institutions under Irrigation," pp. 92-116 (1920). 112Cal. Water Code § § 106.5 and 1460 (West 1956). U3Tex. Rev. Civ. Stat. Ann. art. 7472b (1954). The Texas Supreme Court has said "In our opinion, Article 7472b, supra, relates solely to the exercise of the power of eminent domain for acquisition of water for do- mestic, municipal and irrigation purposes and was not intended by the Legislature to be a directive to the Water Rights Commission in passing on competing applications for permits." City of San Antonio v. Texas Water Comm'n, 407 S. W. (2d) 752, 764 (Tex. 1966). See the discussion at notes 978-979 infra regarding articles 7471 and 7472c with respect to municipal and other preferences in appropriating water. See also the |
