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Show 538 THE APPROPRIATIVE RIGHT brought livestock with them. Conditions surrounding the early uses of wa for agricultural purposes in Carson Valley, Nevada, in the early 1850's w< described graphically in an opinion by a Federal judge who himself crossed t plains to this area in 1852.496 Carson Valley attained a place in western histo in the middle of the 19th century, for a large proportion of the mai thousands of people who crossed the country from the Missouri River to tl far West from 1841 to 1859 used the Carson Route.497 Stockwatering is expressly listed in some of the water rights statutes as purpose for which water may be appropriated.498 Courts have specifical recognized it as a beneficial use.499 Special attention is paid to stockwatering in some of the water righ statutes. A Nevada statute enacted in 1925 supplements the general wat< rights statute by prescribing certain conditions with respect to the acquisitio of rights for watering livestock, particularly range livestock (see the end of th; subtopic).so° New Mexico extends to travelers the right to take water for thei own use, and for their animals, from waters flowing from natural sources ani also exempts from the statutory requirements for appropriating water thos who may construct tanks or ponds having capacity of 10 acre-feet or less fo the purpose of watering stock.501 Oregon accords special treatment in case o an application to appropriate water for stock ponds or other small reservoir; from which water is not to be diverted or required to flow through th( ponds.502 South Dakota makes special provision for appropriations from minoi streams for irrigation or stock purposes.503 A Texas statute authorizes an> landowner to construct on his own property a reservoir to impound not more than 200 acre-feet of water for domestic and livestock purposes "without the 496 Judge Thomas P. Hawley, Union Mill & Min. Co. v. Dangberg, 81 Fed. 73, 100-103 (C. C. D. Nev. 1897). The account is based not only on the record in the case, but also on the judge's own experiences. The earliest settlers were squatters on the public domain, raising cattle which roamed at large and taking advantage of stream water for agricultural purposes chiefly by means of its overflow. The water flowed in sloughs and spread over the lowlands at high stage; cuts were made through the banks to let the water out when the stream was not flowing bank-full. In general, there were no specific appropriations of the water and but few genuine ditches and substantial diversions. ""Stewart, George R., "The California Trail" (1962). 498 For example: Ariz. Rev. Stat. Ann. § 45-141(A) (Supp. 1970); Nev. Rev. Stat. § 533.340 (Supp. 1967); Tex. Rev. Civ. Stat. Ann. art. 7470 (Supp. 1970). 499 For example: First State Bank of Alamogordo v. McNew, 33 N. Mex. 414, 422, 269 Pac. 56 (1928); Farmers' Development Co. v. Rayado Land & In. Co., 28 N. Mex. 357, 371, 213 Pac. 202 (1923). See also Stevenson v. Steele, 93 Idaho 4, 453 Pac. (2d) 819, 826 (1969). S00Nev. Rev. Stat. §§ 533.485 to .510 (Supp. 1967). Constitutionality upheld, under attack: In re Calvo, 50 Nev. 125, 131-141, 253 Pac. 671 (1927). See Adams-McGill Co. v. Hendrix, 22 Fed. Supp. 789, 791 (D. Nev. 1938). 501N. Mex. Stat. Ann. § § 75-1-4, 75-1-5, and 75-8-3 (1968). 502Oreg. Rev. Stat. § 537.300(2) (Supp. 1969). 503 S. Dak. Comp. Laws Ann. § § 46-1-6(3) and 46-4-1 to 46-4-8 (1967). |