Arizona ghost trailsHinton, Richard J. (Richard Josiah)
History
Arizona ghost trails
Hinton, Richard J. (Richard Josiah)
Arizona -- Guidebooks; Mines and mineral resources -- Arizona
When any ditch or acequia shall be taken out for agricultural purposes,
the person or persons so taking out such ditch or acequia shall have
the exclusive right to the water, or so much as may be necessary for
such purpose; and it at any time the water so required shall be taken
for mining purposes, the damages shall be assessed and paid.
All owners and proprietors of arable or irrigable land bordering on, or
irrigable by, any public acequia, shall labor on such public acequia,
whether such owners or proprietors cultivate the land or not; and all
persons interested in a public acequia, whether owners or lessees,
shall labor thereon in proportion to the amount of the land owned or
held by them, and which may be irrigated or subject to irrigation.
In all districts or precincts, the owners or proprietors of land
irrigated by public acequias are annually called together by the
Justices of the Peace, to elect one or more overseers for the
acequias--and it is the duty of said overseers to superintend the
opening, excavations and repairs of said acequias; to apportion the
number of laborers furnished by the owners and proprietors; to regulate
them according to the quantity of land to be irrigated by each one
from said acequia; to distribute and apportion the water in proportion
to the quantity to which each one is entitled according to the land
cultivated by him; and in making such apportionment, he shall take into
consideration the nature of the seed sown or planted, the crops and
plants cultivated; and to conduct and carry on such distribution with
justice and impartiality.
If any owner or proprietor of land irrigated by such acequia shall
neglect or refuse to furnish the number of laborers required by the
overseer, he shall be fined, and all fines shall be applied to the
benefit of said acequia.
Water privileges are, since the United States Act of May 10th, 1872,
located in the same manner as mines, subject to local regulations, i. e.
by definitely locating the five acres by monuments, and recording with
the District or County Recorder. If the local rules and decisions of
the Courts make the privilege forfeitable for non-use, another party
may come in and claim the water right.
The Federal Courts have decided that the right of way to construct
flumes or ditches, over the public lands, is unquestioned. It has
also been decided that the miners’ right to water, within “reasonable
limits,” is not to be questioned. “It must be exercised,” however,
with due regard to the general condition and needs of a community, and
cannot vest as an individual monopoly.
Mill Sites.
Public-domain text, read in full here on John Shaqi.
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