III. Irrigation District Law. § 453. Organization of Irrigation Districts. As Utah was among the first to adopt the active practice, in the arid West, of what is known as modern irrigation, it was also the pioneer State or Territory in that region to enact what is known as an Irrigation District Law. On January 20th, 1865, there was approved an act for the formation of irrigation districts, which was so adapted to the needs and necessities of the people of that Territory that it has existed almost intact, with very few amendments, to the present time.1 Section 2403 of this Act provides: That upon a majority of the citizens of any county, or any part thereof, representing to the County Court that more water is necessary, and that there are streams unclaimed or unused which can be made of value to the interests of agriculture, the County Court may proceed to organize a county, or a part thereof, into an irrigation district; "and thereafter the land-holders of such district shall be equally entitled to the use of the water in, or to be brought into, such district, according to their acknowledged rights; provided, such land-holders pay the proportion of such expense incurred in the construction and keeping in repair of the necessary canals, flumes, dams or ditches." § 454. Officers of District-Duties of Trustees-Duty of County Court.-Sec. 2404 provides that the citizens of an Irrigation District, when so organized, may in mass meeting proceed to the formation of a company, by electing viva voce not less than three nor more than thirteen trustees and a secretary and treasurer. The duties of the trustees are prescribed to be to locate the proposed canal or ditch, determine the amount and quality of the land to be benefited thereby, to estimate the cost for the construction of all works and to estimate the amount per acre on taxable property which will be necessary to construct the same. It shall then be the duty of the trustees to make a report to the County Court of their investigation, also to call a meeting 1 See Compiled Laws of Utah, 1888, Sections 2403-2427, of the holders of the lands to be benefited by the proposed canal or ditch, at which a copy of said report shall be presented and the said land holders shall vote "Yes" or "No" upon the following questions: 1. Do you mutually agree to pay construct the proposed canal or ditch? per acre land tax, to 2. Do you approve the action of the mass meeting in the election of the officers? Notice of said election must be duly given, and the Act provides rules for the conduct of the same. And if upon counting the votes it shall appear that two-thirds of the votes polled shall have been answered in the affirmative then the tax so agreed upon shall become a law in the said irrigation district. If less than two-thirds of the votes polled are answered in the affirmative then all proceedings under this Act shall be null and of no effect. Sec. 2411 provides for the date of elections and notice of the same; and also that: "The votes at said election shall be by acreage and not per capita. The right to use the water for one acre of land shall entitle the owner to one vote. The tax voted by a majority vote at said election shall be a lien on all water rights until paid, from the day of assessing the same, but not upon the land." $455. Power of Trustees-Lakes and Ponds.-Sec. 2413 provides that the trustees shall have power to sue and be sued, and to have and to hold all such real estate and personal property as will be necessary to construct the contemplated ditch or canal. Section 2416. "Where lakes or ponds in natural basins have outlets, or where such can be made by dams across hollows, such lakes or ponds may be used as reservoirs to store water for lands lying on lower levels, and the people of any irrigation district may, under the provisions of this Act, construct such artificial or use such natural basins for irrigation purposes; provided the waters of such lakes or ponds are in no case to be raised by dams or otherwise so as to interfere with or damage settlers upon the margin thereof." 1 As amended by Act approved March 10, 1892. See Stat. 1892, p. 38. § 456. Taxes.-Condemnation of Land for Right of Way. The Act provides that in order to keep all works of the district in repair a tax may be levied upon the lands benefited, the land-holders in the district to vote upon the same, in the same manner as provided by the Act for elections upon other questions. Section 2418. "All property or money belonging to any irrigation district, in the hands of the trustees to be expended by them under the provisions of this Act, is hereby exempted from all city, county, and territorial taxes." The Act also provides, That the trustees shall have power to purchase lands for ditch or canal purposes, and proceedings are prescribed in case the land-owners are absent, or cannot agree with the trustees as to the price to be paid for the land, that the land may be condemned for the purpose. Penalties are prescribed for the injuring of property of the district and what damages the district shall be liable for. § 457. Riparian Rights in the Territory.-The Territory of Utah, as can be seen from the abstract of its laws, has developed a distinct policy of its own for the regulation and control of the right to the water of streams and lakes within its borders, which has practically shaped and moulded so many of the affairs of the Territory. The common law doctrine concerning property in the waters of streams and riparian rights are completely abrogated. Upon this subject, in the recent case of Stowell vs. Johnson,1 the Supreme Court of that Territory, speaking through Blackburn, J., said: 'Riparian rights have never been recognized in this Territory, or in any State or Territory where irrigation is necessary, for the appropriation of water for the purpose of irrigation is entirely and unavoidably in conflict with the common law doctrine of riparian proprietorship. If that had been recognized and applied in this Territory it would still be a desert; for a man owning ten acres of land on a stream of water capable of irrigating a thousand acres of land or more near its mouth could prevent the settlement of all the land 64 17 Utah, 215; 26 Pac. Rep. 290. above him. For at common law the riparian proprietor is entitled to have the water flow in quantity and quality past his land as it was wont to do when he acquired title thereto, and this right is utterly irreconcilable with the use of water for irrigation. The Legislature of this Territory has always ignored this claim of riparian proprietors, and the practice and usages of the inhabitants have never considered it applicable, and have never regarded it." CHAPTER XVII. North Dakota. I. SUBJECT TREATED IN GEN- Section. 458. Particular features of State. II. GENERAL STATUTORY ENACT- 460. Water rights. 461. Abandonment-M a nner of locating Water rights. 462. Organization of Ditch Companies. III. GENERAL STATUTORY LAWS Section. 463. An Act to raise tax for irrigation purposes. 464. An Act to encourage IV. con struction of artesian wells. IRRIGATION DISTRICT LAW. 465. Organization of Irrigation Districts. 466. Power of the Board-Assessments-Condemnation. 467. Riparian rights in North Dakota. I. Subject Treated in General. § 458. Particular Features of State.-The term subhumid" is generally understood as applying to a portion of the great plains lying to the east of the arid region. As a matter of course there is on the western portion of the arid region a strip of country which might be designated as subhumid. For the purposes of this discussion the sub-humid region is, however, considered as extending in a broad belt across the country from north to south, including portions of North Dakota, South Dakota, Nebraska, Kansas and Texas. Statistics show in a general way an increase from north to south both in the number of irrigators and in the acreage irrigated. This is due largely to the fact that conditions of summer aridity increase with lower latitudes, and also in part to the greater density of population and the more easily available water supply towards the south. |