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Show 240 APPROPRIATION OF WATER "person" includes the United States, the State, or a municipality.75 Nevada also includes these classes, with the exception of a municipality, as well as a corporation and association.76 And in Kansas and South Dakota, all the foregoing, with the addition of a partnership, are included in the definition of "person".77 In various other States, the term "person" is impliedly a natural person and other classes are specifically added, such as "any person" and "the United States, the State, and any entity or organization capable of holding an interest in real property in this State."78 A simple grouping such as "Every person, association or corporation"79 is used in many statutes. In other words, a broad statement in a water rights statute as to who may appropriate water propounds qualifications of an appropriator, but not always necessarily all essential qualifications. Landownership in relation to appropriator qualifications.-This matter is discussed later under "The Land Factor in Appropriating Water," in connec- tion with private lands. It is there brought out that in Arizona there is a judicial rule to the effect that an appropriator of water for irrigation must be either an owner or a possessor of land susceptible of being irrigated. The general subject has been involved in litigation in some other States as well. Group Organizations Early statutory and nonstatutory appropriations.-The history of water appropriation law in the Western States begins with appropriations of water made not only by individuals but by group organizations of various kinds. Before New Mexico became a part of the United States, diversions of water from the Rio Grande and tributary streams had been made for many decades by many community acequias.80 The Kearny Code, promulgated during the war with Mexico, undertook to protect the laws governing watercourses then in effect and to continue their enforcement.81 The first Territorial legislature of New Mexico declared that all inhabitants should have the right to construct either private or common acequias and to divert water through such acequias.82 Earliest diversions of water by the Mormon settlers in Utah were made as the result of grants or appropriations of water. Originally, the diversions were made through the media of groups of settlers then unorganized, but which "Ariz. Rev. Stat. Ann. § § 45-141(A) and 45-142(A) (Supp. 1970). 76Nev. Rev. Stat. § § 533.010 (Supp. 1969) and 533.325 (Supp. 1967). "Kans. Stat. Ann. § § 82a-701(a) (1969); S. Dak. Comp. Laws Ann. § 46-1-6(1) (1967). 78Cal. Water Code § § 1252 (West Supp. 1970) and 1252.5 (West 1956). "Colo. Rev. Stat. Ann. § 148-1-1 (1963). 80Hutchins, Wells A., 'The Community Acequia: Its Origin and Development," 31 Southwestern Historical Quarterly 261 (1928). 81 Kearny Code, § 1. 81N. Mex. Laws, July 20, 1851. |
