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Show 175 Early Irrigation in the West While the time and place of its inception has been the sub- ject of dispute, the practice of irrigation is generally accepted to be one of great antiquity.139 Its origin has been variously placed in China, India, Armenia, the shores of the Mediter- ranean, and even upon the traditional lost island of Atlantis; and it is considered certain that the practice began at least 2,000 years B.C.140 Similarly, the practice was ancient and widespread in the New World.141 For example, the 1888 Arizona opinion in Clough v. Wing states that evidences of the practice of irriga- tion are found:142 all over Arizona and New Mexico in the ancient canals of a pre-historic people, who once composed a dense and highly civilized population. These canals are now plainly marked, and some modern canals follow the track and use the work of this forgotten people. The Court added that certain Indian tribes have for genera- tions appropriated and used waters "in husbandry, and sacredly recognized the rights acquired by long use, and no right of a riparian owner is thought of."143 Similarly, Kinney pointed out in 1912 that some of these pre- historic canals with their laterals "must exceed a thousand 189 See 1 Kinney, Irrigation and Water Rights, §§ 63-87, pp. 101-127 (2d ed. 1912). It has been said that the earliest writings concerning irrigation are those found in the Code of Hammurabi, who lived more than 4,000 years ago. Included among the provisions of that Code are laws defining the obliga- tions of water users, including penalties for one who neglects to keep his dam in repair, who opens his canal carelessly to the injury of his neighbor, or who steals a watering machine (fine five shekels) or a watering bucket (fine three shekels). Johns, The Oldest Code of Laws in the World, The Code of Laws Promulgated by Hammurabi, King of Babylon, §§ 53, 55, 259-260 (1903). See also Preservation of Integrity of State Water Laws, Report and Recommendations of Committee of the National Reclamation Association, App. G, pp. 165-168 (1943). 140 Id. § 63, p. 102. 141 Id. §§ 77-85, pp. 114-124. 142 2 Ariz. 371, 380,17 Pac. 451, 455-456 (1888). 148 2 Ariz, at 380,17 Pac. at 456. 911611-51------13 |