OCR Text |
Show 158 summated, within a reasonable time, by the actual ap- plication of all of the water to the use designed, or to some other useful purposes. The steps taken toward acquisition must accord with the laws of the state where the water is found.38 And "every State is free to change its laws governing riparian ownership and to permit the appropriation of flowing waters for such purposes as it may deem wise."S9 It should also be noted that all of the western irrigation states excepting Montana have adopted comprehensive stat- utes controlling the acquisition, administration, and control of water rights.40 The Supreme Court of the United States has pointed out that the reason for passage of such statutes lies in the deficiency of the ordinary procedure and processes of law to meet the need for segregation, by various individuals or companies, of water taken by separate canals or ditches at different points along the same stream under appropriative rights.*1 Ground Water.-With the diminution of the quantity of unappropriated water in the normal flow of western surface streams, increasing attention has been turned to ground water for additional supply.42 It has been estimated that the 1945 daily use for irrigation of water pumped from wells reached an "Arizona v. California, 283 U. S. 423, 459 (1931). 88 Connecticut v. Massachusetts, 282 U. S. 660, 670 (1931). See also Camf. Const., Art XIV, § 3, specifying certain limitations on riparian rights. 40 State Water Law in the Development of the West, Report to the Water Resources Committee by its Subcommittee on State Water Law, National Resources Planning Board, pp. 99-111 (1943). nMontezuma Canal Co. v. Smithville Canal Co., 218 U. S. 371, 385 (1910), citing with approval Farm Investment Co. v. Carpenter, 9 Wyo. 110, 125, 61 Pac. 258, 260 (1900). ** In Utah, for example, "The U. S. Geological Survey has made a careful study of ground-water resources. The State Engineer's Office has devoted special attention to the clarification and recording of rights to ground water. Perplexing legal questions and costly water-right litigation have, neverthe- less, retarded ground water development." Irrigation Companies in Utah, Bulletin 322, Agricultural Experiment Station, Utah State Agricultural College, p. 30 (March 1946). |