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Show 153 in the States of Arkansas, Florida, New Jersey, and Louisiana.12 The first three are generally considered common-law states,18 while the law of Louisiana finds its source in the civil law.14 All, however, generally recognize only the riparian doctrine.15 In the preface to the first edition to his work on Irrigation and Water Rights, Kinney observed in 1894 that, with the in- crease in irrigation undertakings and their involvement in the doctrine of appropriation, a departure from the common-law doctrine of riparian rights had already resulted in numerous water-right controversies and "a mass of court decisions and statutory law on the subject."16 Eighteen years later, he pref- aced his four-volume second edition of that work by noting the adoption in the interim by many irrigation states of water " Special Release Supplementing 1945 Census of Agriculture, Department of Commerce, Bureau of Census. a In this connection, see generally Missouri Pac. R. Co. v. McKinney, 189 Ark. 69, 72, 71 S. W. 2d 180,181 (1934): Knapp v. Fredricksen, 148 Fla. 311, 40 So. 2d 251 (1941); Girard Trust Co. v. Sohmitz, 129 N. J. Eq. 444, 467, 20 A. 2d21,35 (1941). Under a 1909 Arkansas statute, certain powers are available to corpora- tions created "for the purpose of furnishing water to the public for irriga- tion of any lands or crops." Abk. Stats. Ann., 1947, § 35-1201. A recent statute also provides for the establishment of irrigation districts. Abk. Stats. Ann., 1947, Cum. Sxjpp., 1949, §§ 21-901-21-933. In Florida, the riparian doctrine is generally applicable under a statute in force since 1856. See Fla. Stats. Ann., § 271.01 and cases there cited. Cooperative irrigation districts are also authorized. § 611.38. Moreover, the Florida State Improvement Commission may acquire and maintain facilities for irrigation, among other purposes. § 420.06(7). In New Jersey, a board of chosen freeholders may build and operate irrigation systems. N. J. Stat. Ann., 1940, § 40.31-1. For that purpose, such a board is authorized to take water "from any river, stream, lake or other source." § 40.31-2. "In this connection, see generally Dart's Civil Code of La. (1870 rev.) pp. iii-v. The right of drawing water is declared to be a servitude. Dart's Civil Code of La. § 720. Pertinent here is Kinney's statement that "the law of appropriation in principle follows the civil law more closely than it does the common law, although the California Courts and the Courts of some of the other States attempt to justify the diversion of water for irrigation and other uses which consume the water under the common law." 1 Kinney, Ibbigation and Water Rights, § 552, p. 959 (2d ed. 1912). M See generally, 1 Kinney, Irrigation and Wiateb Rights, § 507, pp. 870- 873 (2ded. 1912). M1 Kinney, Irrigation and Water Rights, Preface (1894). |