Show determining TITLE TO WATER THE HE legislature of 1884 passed an act compiling the laws then in force relative to the incorporation afi irrigation companies that act is f found in page of the session laws of that year and is the only territorial ml statute gearing bearing upon the subject under its provisions the people of any county or of any specified portion of a county may either for the purpose of obtaining an additional supply of water from sources not previously appropriated pria ted or tor for the purpose of properly controlling cont roling and distributing the waters already being used be organized into an irrigation district the process by which such organization is effected is set forth in the statute the advantages to t 0 be derived from organizing are ganv and most of them anem are obvious conflict and confusion in the use of water in the irrigating season are obviated and an authority is created I 1 in n the form of a board aboard of trustees which has power to keep beep canals etc in repair and to make and collect assessments for such purposes but no process of organization such as is contemplated in this law can have leave the effect to determine the title to water no board of trustees of df an irrigation district can do this such a hoard has bas authority to regulate the use of water of which farmers in the district may be the lawf ui owners but it has no jurisdiction to deter determine mire questions involving the ownership of writer rights such sach differences can be settled only oaly by agreement between the parties partial to them or by the decrees decree ol of the courts generally in i abis territory the value of the fe carroi farming far roi land depends more upon the wat katr r pertaining to it ahan han upon any other circumstance and the necessity of some means of determining titles tilles via to water has los loas been apparent appa hi everal years aso ago th abe legislature Legis lalure to meet this necessity provided lor for the establish went of a commission in ID each county whose daty it was waa to hear and determine claims to the waters ot of specified streams at reame and record their decisions it was thought this would definitely settle and make records of water titles but bat the courts coarts held the statute creating these com bemmiss miss ous ons to be unconstitutional tor for the reason that it conferred upon them judicial powers whereas such powers under the laws of congress applicable to this territory can only be exercised by the courts named therein the reia the law of 1884 above referred to i provides that disputes regarding the ownership of water may be by a commission appointed by the district court and the approval by the court of the commissions findings the action instituted tor for this pur purpose pose maybe may be either friendly or unfriendly it is sometimes desirable for neighbors who have no dispute to have their rights to water judicially determined as aa for example when a sate sale Is contemplated tem plat plated e d another excellent plan for reducing te to tangible form the water rights of settlers on a stream is IP for them all to sign a document conceding to each other an amount of water therein set forth such an instrument would oe ne au an informal affair so tar far as bein being g specially e provided tor for or recognized ed sab by the law is concerned but it it were signed by all the users of water vom tom a given at r am amit it would be very strong evidence e 8 of tar their respective rights and in most cases ample proof of title as each sinner signer would become a witness tor for each bac of the others such an instrument would settle disputes between the signers and would protect them from the ea croach ments of new comers A copy could be given to each inter e ested ted frequent inquiries verbal and written which have been put to us lead us to make the foregoing observations they are submitted with the hope tuat they may be of use in the intelli intelligent ent and just settlement of differences and in forestalling litigation |