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Show 438 THE APPROPRIATIVE RIGHT avowed intention of appropriating a given quantity of water from a stream gives no right to the water unless this purpose and intention are carried out by the reasonable, diligent, and effectual prosecution of the work to the final completion of the ditch, and diversion of the water to some beneficial use; that the rights acquired by the appropriator must be exercised with reference to the general condition of the country and the necessities of the community, and measured in its extent by the actual needs of the particular purpose for which the appropriation is made, and not for the purpose of obtaining a monopoly of the water, so as to prevent its use for a beneficial purpose by other persons; that the diversion of the water ripens into a valid appropriation only where it is utilized by the appropriator for a beneficial use; that the surplus or waste water of a stream may be appropriated, subject to the rights of prior appropriators, and such an appropriator is entitled to use all such waters; that, in controversies between prior and subsequent appropriators of water, the question generally is whether the use and enjoyment of the water for the purposes to which the water is applied by the prior appropriator have been in any manner impaired by the acts of the subsequent appropriator. These general principles are of universal application throughout the states and territories of the Pacific coast. * * * PROPERTY CHARACTERISTICS Right of Beneficial Use The concept that use of public water must be made for beneficial purposes is fundamental in western water jurisprudence. In chapter 1 there is some discusssion of constitutional, statutory, and judicial declarations of the relation between the appropriative water right and the beneficial use of water. State Constitutions and Statutes The conceptual relationship of beneficial use of water to the right of its appropriation runs through much of fundamental as well as statutory water law of the West. Constitutions.- Briefly, in the constitutions of Arizona, New Mexico, and Utah, water rights for beneficial purposes are recognized and confirmed.2 Since riparian rights to the use of water of watercourses are generally not recognized in these States, the declarations relate to rights of appropriation therein. Other manifestations of the concept appear elsewhere.3 2Ariz. Const., art. XVII, § 2; N. Mex. Const., art. XVI, § 1; Utah Const., art. XVII, § 1. 13Cal. Const., art. XIV, § 3; Colo. Const., art. XVI, § 6; Idaho Const., art. XV, § § 1 and 3; Mont. Const, art. HI, § 15; Nebr. Const., art. XV, § § 5 and 6; N. Mex. Const., art. XVI, § § 2 and 3; Tex. Const., art. XVI, § 59a; Wyo. Const., art. VIII, § 3. |