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PART m - OVERVIEW: THE HISTORY OF UTAH'S WATER MANAGEMENT INSTITUTIONS 1847 THROUGH 1947 CHAPTER IX UTAH: UTILIZING COMMON GOALS TO DEVELOP WATER RESOURCES, 1847 THROUGH 1947 The Pioneer and Territorial Experience Utah's first water administration and development institution was the church- directed and - sponsored method of pioneer cooperative colonization. This method initially involved community development of water resources and involved directed efforts of all community members. Private ownership of land and water rights was eventually adopted as the system evolved. The values that grew out of this method of development became a part of a collective experience for most of the communities within the state. Pioneer water management emphasized church coordination, community cooperation, collective rights, arbitration of conflict, small holdings of land resources, and water rights appurtenant to the land. With slight modifications, the pioneer method was applied by successive waves of settlers/ colonizers as the church directed settlement spread over much of the Great Basin and beyond. Church leaders typically appointed a local leader who would oversee the distribution and development of water resources in new colonies. The central church often assisted in planning for water utilization and subsidized initial development projects. Projects were typically small, temporary diversion structures combined with canal and lateral systems that would be expanded as populations increased. The pattern and methods of settlement promoted by the pioneer method left an indelible mark on the laws of both the territory and the state. Utah's water users are required to use water resources in a manner consistent with the interests of the community or area; the foundation for this policy was the cooperative experiences of the settlers/ colonizers as they developed water systems in Utah's arid valleys. They utilized cooperative institutions which placed priority on community rights. The territorial government established the second major form of water administration in 1852. This was the county court system of water administration that for decades complemented and overlapped pioneer cooperation rather than supplanting it. The county court system utilized on- site inspection and common sense methods to allow the three- member courts to allocate and distribute water resources throughout the territory. Although the system was not utilized in all areas of the state ( because the pioneer/ church administration functioned to the satisfaction of most water users in outlying areas), it established legal safeguards for the public interest, and initiated government involvement in the process of water administration. |
