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Show Chapter 1 STATE WATER POLICIES ATTAINMENT OF STATEHOOD IN THE WEST The governmental histories of the 19 Western States (17 contiguous plus Alaska and Hawaii) have importantly affected the development of the water rights laws in the respective States. One facet of State governmental history, which will be referred to throughout this work, concerns the attainment of statehood. The dates on which the Western States were admitted to the Union cover more than a century-1845 to 1959 (table 1). On December 29, 1845, Texas became the first to be admitted, after having first been under Spanish and Mexican rule and then existing as an independent republic. With the outbreak of the Civil War in 1861, Texas seceded from the Union. Statehood was reestablished in 1870.1 California was admitted to the Union in 1850, without having had Territorial status (table 2). Over the next quarter century, five Western States were created out of Territories-Oregon in 1859, Kansas in 1861, Nevada in 1864, Nebraska in 1867, and Colorado in 1876.2 Toward the close of the 19th century, seven more States of the West came into the Union-in 1889, within a few days of each other, North Dakota, South Dakota, Montana, and Washington; in 1890, Idaho and Wyoming; and in 1896, Utah.3 In the early 1900's, the remaining three of the western block of 17 contiguous States were admitted-Oklahoma in 1907, and New Mexico and Arizona in 1912.4 Finally, in 1959, the two outlying States-Alaska and Hawaii-were admitted.5 ARIDITY AND WATER RIGHTS SYSTEMS The 17 contiguous Western States comprise a solid block extending from east of the 100th meridian to the Pacific Coast. As a result of features noted 'Admission December 29, 1845: 9 Stat. 108. Secession effective March 2, 1861: 3 Tex. Const. Ann. 597 (Vernon, 1955). Readmission March 30,1870: 16 Stat. 80. California, September 9, 1850: 9 Stat. 452. Oregon, February 14, 1859: 11 Stat. 383. Kansas, January 29, 1861: 12 Stat. 126. Nevada, October 31, 1864: 13 Stat. 749. Nebraska, March 1,1867: 14 Stat. 820. Colorado, August 1,1876: 19 Stat. 665. 3North Dakota, November 2, 1889: 26 Stat. 1548. South Dakota, November 2, 1889: 26 Stat. 1549. Montana, November 8, 1889: 26 Stat. 1551. Washington, November 11, 1889: 26 Stat. 1552. Idaho, July 3, 1890: 26 Stat. 215. Wyoming, July 10,1890: 26 Stat. 222. Utah, January 4,1896: 29 Stat. 876. 4Oklahoma, November 16, 1907: 35 Stat. 2160. New Mexico, January 6, 1912: 37 Stat. 1723. Arizona, February 14, 1912: 37 Stat. 1728. 5Alaska, January 3,1959: 73 Stat. cl6. Hawaii, August 21,1959: 73 Stat. c74. (1) 450-486 O - 72 - 3 |