OCR Text |
Show -27- Association to pump water in excess of such quantity as would be necessary to regulate the ground water table and prevent danger of water-logging, presents the same questions involved in the case of Brewster v. Salt River Valley Water Users' Association, 27 Ariz. 23, 229 Pac. 929. The Court found that the Salt River Valley Water Users' Association had the right to pump from underneath the lands belonging to members of the Association for drainage purposes. It is my opinion that the same reasoning would apply to pumping water for irrigation during water shortage as pumping for drainage. I think this case clearly disposes of this contention. The Court in the Brewster case used the following language: "If, however, it be determined that each shareholder of the Association is as much the owner of the water that forms in it from irrigation as he is of his land, still we think on account of his contractual relation, arising by virtue of his membership in the Association, he is or ought to be bound for the common good to surrender ownership and dominion of such water when the Association has concluded it to be to the best interests of all to drain the water out of the lands of the project. Orme v. Salt River Valley Water Users' Assn., supra. As such owner has submitted by the terms of the charter to employ the Association to carry from the river and the reservoir, and distribute to his lands this proportionate share of irrigation water, in order that he may realize on his lands, so likewise when his land becomes so thoroughly saturated with water as not to be productive, he has consented that the same organization may "construct, install, operate, |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |