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Show 6 coordination. Within five years, these attributes were sufficiently established to be recognized as what may be called the pioneer mode of water administration. 11 This pioneer mode was repeatedly applied by newly arriving settlers in the Utah area for the next six decades. 12 At the same time, the more established areas refined the pioneer mode and developed more formal legal institutions. 13 The characteristics of the pioneer mode of water administration and utilization included the following: First, pioneer irrigation spread ahead of the formal law when cooperating groups of colonists established towns. 14 Second, pioneers blended practices based in their common law heritage with concepts of what later became known as appropriationism in water development, allocation, and administration. 15 Leonard J. Arlington and Dean L, May, " A Different Mode of Life," Agricultural History, Volume XLIX Number 1 ( January 1975), pp 3- 20. Milton R. Hunter, Brigham Young: The Colonizer ( Santa Barbara and Salt Lake City: Peregrine Smith, Lie, 1973), pp 158- 159. Hunter quotes John Taylor and Joseph F. Smith writing to William B. Preston, date December 26, 1882. Letter located in Fremont Stake Manuscript History. They endorse Brigham Young's colonizing policies. Emphasis added. Li all cases in making new settlements the Saints should be advised to gather in villages, as has been our custom from the time of our earliest settlement in these mountain valleys... . They can ... cooperate for the good of all... . It would be well... for you ... to visit the country and make such locations of settlements as may be desirable and as the circumstances may require, and have your town lots surveyed by a competent person and such arrangements made for this kind of settlement as you . . . may deem advisable. In doing this, however, it would be well not to interfere with homestead entries, or to embarrass new settlers too much, but to have it positively understood that this method must be adopted in your settlements. We know of no reason why the methods that have been pursued in the past on these matters are any less applicable to the Saints in Idaho or Wyoming than they have proved to be in Utah and Arizona. While the families are gathering in settlements there can be no disadvantage in having the farms outside, within easy reach, as the peculiarities of the country may admit, the same as in older settlements. A spirit to spread far and wide out of sight and reach of the authorities of the Church, must be discountenanced. As all Latter- day Saints must yield obedience to the laws of the Gospel, and the order of the Kingdom of God, and a methodical comprehension and intelligent system be inaugurated that we may gain influence ( and not lose strength) by strengthening the cords of the Stakes of Zion. . . . 13 Leonard J. Arlington, Great Basin Kingdom, Chapters II through VTJ passim. 14 Settlement utilizing the pioneer mode continued through the first six decades of settlement, therefore even though there were many legal and social changes taking place in the territory the initial experiences of new settlers with water administration remained remarkably similar. Morton Horwizt, Transformation of American Law: 1780- 1890 ( Cambridge: Harvard University Press, 1977) pp 31- 43. Also see Donald J. Pisani, " Enterprize and Equity: A Critique of Western Water Law in the Nineteenth Century," Western Historical Quarterly Volume, XVTU Number 1 ( January 1987), pp 28- 29; and Arthur Maass and Raymond L. Anderson, The Desert Shall Rejoice, p 325. Speaking of this blending the authors state: It was obvious to the Utah settlers that the riparian doctrine of English common law used in the eastern United States, which gave water rights only to lands adjacent to the streams, was not suited to irrigation farming and it was promptly discarded.... At the same time, because all settlers were members of the same religious order that had come to establish new cooperative communities, the Mormons could agree that no users or groups of users should be allowed to enjoy exclusive rights to water to the disadvantage of other users in similar circumstances. Thus, while Utahans adopted a system of appropriation in place of riparian rights, they deemphasized absolute priority of use, which is a typical characteristic of the appropriation doctrine, and proportionate sharing became an important principle for appropriating and allocating water. . . . Beneficial use was declared to be the basis, the measure, and the limit of a water right ... and no man could gain a right to more than he could use in a beneficial manner. |