local statutes of the various States and Territories prescribing the specific steps that must be taken in order to acquire a valid water-right within their respective jurisdictions.

These local laws, as will be seen in a subsequent portion of this work, vary in the different States quite extensively, according to the supply and demand of water, the topographical and physical features of the country, the objects for which the water is to be used, and various other matters that are supposed, at least, to be of local importance. In some of the States and Territories practically no statutory laws have been enacted regarding the use of water, while in others the most elaborate rules are laid down which attempt to cover all branches of the subject. But simply a glance at some of them will be sufficient to show the most cursory reader that there is still room for a great deal of legislative improvement upon the subject. These statutory laws will be discussed under their respective heads in another portion of this work.1

§ 171. Summary of Chapter.-In this chapter we have seen that at the very inception of a valid appropriation of water from a natural stream or lake, there must be a bona fide intention upon the part of the one attempting to appropriate the water, to apply the same when his appropriation is completed to some of the beneficial uses or purposes; there must also be sufficient notice to the public of that intent to appropriate the water to put a reasonable mau upon his guard; and within a reasonable time after the notice has been given the appropriator must commence his works for the actual diversion of the water, and the same must be prosecuted until they are completed, with all due and reasonable diligence; then there must be an actual diversion of the water into the ditches and works of the appropriator; then all of the water, when so diverted, must be applied to some one of the beneficial or useful purposes. We have also seen that when the appropriation is completed, if the work or the diversion of the water has been prosecuted with all due and reasonable diligence, by the doctrine of relation the appropriation relates back, as against

1 See Part Second.

the rights of all others subsequently attempting to appropriate the waters of the same stream, to the time when the first step was taken-or in other words, the notice of the appropriation was given.

§ 172. Scope of Present Chapter.-The present chapter will be devoted to a discussion of the rights acquired by appropriators of water, as against others, under the following divisions of the subject: First, the rights acquired by persons who claim the waters of a stream or lake flowing through the public lands by virtue, merely, of an appropriation of the water itself. Second, The rights acquired by the appropriation of water, as against a Congressional grantee of the Government, both prior and subsequent to the appropriation. Third, The rights acquired in waters flowing over the lands granted, where there is a controversy regarding the same between Congressional grantees. Fourth, Questions in controversy between those who claim the waters of a stream by mere appropriation, as against settlers upon the public lands who acquired their title, which finally culminated in a patent to lands bordering upon the streams, by the regular disposal of them through the land office.

I. Rights Acquired in Waters by one Appropriator, as against other Appropriators.

§ 173. The prior Appropriator.-As between persons who claim the waters of streams or lakes flowing through the public lands, merely by prior appropriations of the water itself, he who is first in time has the best, and sometimes the exclusive right to the use of the waters of a certain stream, to the full extent of such appropriation. This principle, as has been seen, is a comparatively new one, and is entirely contrary to the common law theories, where priority of appropriation of water of a stream by a riparian proprietor confers no exclusive right to the use of it as against any one or all the