| Show WATER AVATER RIGHTS AGAIN tue the annexed communication comes from grantsville Grants ville tooele thoele county from which place other letters have been published on this subject it may ebe ibe thought that the differences of opinion exi exl existing there can be settled locally and therefore need not be ventilated in a public journal butlre buethe questions involved are such as are arc likely to arise in other places and we therefore take up the subject again as requested for the benefit of autho are arc interested grantsville GRANTS VILLE feb 1884 1881 editor deseret news you have published some communications in late issues of the NEWS from citizens of this place on matters in connection with the water question which is a question of vital importance to all the settlers of this terri tory to and one about which there appears still to be a great deal of ignorance and in consequence is a source of many disputes and much ill feeling information or advice from a well informed and steadfast friend such as the NEWS has ever proved is an immense mense factor in allaying irritation and directing the minds of all concerned into the way of truth and j ustice justic cand and it is with this end in view that I 1 desire your attention to the following suppose a number of men settle on a small stream and cultivate what land lt it is capable of kirri gating in time through the favorable change of seasons the supply increases and other settlers make farms but the original settlers refuse to allow them to use any water unless it is purchased from them on the grounds that they the original settlers set tIers own all the water that come co messor or may come in the creek what right or claim on the supply lyof of water will those have who purchased the privilege or right of irrigating their farms fro from those original n a I 1 settlers when the supply of water is lessened by unfavorable seasons and is the claim of abBo absolute lute ownership of all ail water that may run into the ahe creek a correct one land after a few years of careful cultivation requires less water to produce crops can the owner of such a farm sell self what he conceives to be his surplus water claim and will the purchaser have the tho same claim upon water privileges in the amount purchased as the seller claimed or in other words if the owner of five acres of land finds he can irrigate six acres with the amo amount in the time allotted by the has he the right to sell or rent to others the extra sup supply ay above his needs and will the purd purchase constitute a claim can the original settlers dispose of their thee acquired water claims independent of their land it if meadow land that has a water right so long in the spring as the other crops do not require it is cultivated for other crops can it claim the right of water through the season in which those crops need it if so why does it abt also have the same claim while still under grass ENQUIRER it should be clearly understood that water rights differ in some respects from land rights the title to land is abs absolute blute the title to water is to some extent contingent water owners that is those who have established water claims bylaw dy law only hold the right to the use of a certain quantity of water to the extent of and reasonable necessity for such use thereof they do not own the water they merely own the right to its use and that use is limited by the claim established and certified to by the water commissioners if then the natural supply in any given locality increases the original sett lers do not own the increase by natural right light the use of the increase is open to a appropriation ti ion lon either by the original settlers or new comers the law laif rays gays says the increase must be unusual exceeding seven years average gow vow flow of the water 1 to make it subject to appropriation by others than the prior appropriators tors should the supply de ergash er pase gase returning to volume or les ies the new appropriators would lot not bg be ell pil entitled titled to the water to the detriment 91 the prior holders because jt it is only the right to the use of the water within pertain limits which is bield liel dby by the owners and priority of rights must be respected but should the od ola settlers sell the right to a acer tai tain portion of the source of supply then zhen in case of a decrease unless it mas was specially provided otherwise other pise in jahe the deed of sa sale saie lethe the new owners would 1 share with the old in proportion to the amount of their respective claims for athe the new owners acquire by purchase purchase bights as good as those of the old and ft whose hose rights must also be respected local customs have much to do with the determination of these question ques i is ifs s where the tho water is divided bymers by meas ur ure ment ement each claimant receiving reee iving so many cubic inches f for or a given period some of the difficulties arising arasin in the settlement of disputes like these trese may be avoided but the custom castora ing by fractional parts of the source of supply with a limitation as to time is the method in general use and on that basis we make our oar argument the owner of a farm has the right to s sell seli ell eli or rent the whole or a portion of h his is lawful claim to the use of water and the purchase will constitute a lawful f al claim if the water right is personal property and has not been made appurtenant pur tenant to the land this point must be considered by purchasers of water rights the law leaving it optional with the owner to have his claim ap appurtenant ur tenant to his land or established independently as personal property if the right is attached to the land we should say it can only be conveyed with the land but if it is separate of course a lawful purchase would constitute a lawful claim to the purchaser r iaser laser the right to the use of water for meadow land which is usually limited limite d to a certain season of the year is not changed in any way by the action of the owner in ref reference arence to his land if he chooses to plow his meadow and plant it with a crop needing irrigation at a later season that does not give him the right to change the time of the use of the water which he only held claim to for use in the spring ile he has no more rig night right ht to change the time of its use than t the h e quantity his right richt is defined both as to quantity and time and must be so limited or injustice would work towards other claimants the owners of water rights for field crops must not be curtailed in their rights because the owner of water for mearow meadow land chooses to convert his grass land to plow land ile he can pan only use the water to which he is entitled in the season thereof difficulties will rarely arise aris e I 1 e ven even in regard to the distribution 0 of f water which is a sensitive subject when the parties are animated by justice in respect for the rights of others it is when selfishness rules that trouble arises the golden rule is of beautiful application when water rights are involved let every irrigator seek his neighbors good as much as his own but if that higher law cannot be tully fully reach reached edg let every farmer at least respect the claims and rights of those who d depend as he does upon a share of the water supply for the means by which to live an and t thrive rive we have answered these questions without knowledge of the local customs and usages of the place where our correspondent lives and therefore have have had to be guided by general principles in caples and the plain intent of the er law w we trust that our replies replie will swill be found sufficient |
