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<br />-22- <br /> <br />This was the first case in which the Riparian Doctrine which existed in <br />the humid regions of the East, was held to be not applicable to the <br />necessities of an arid region. <br /> <br />The question of Riparian Ownership vs. The Doctrine of Appropria- <br />\:tion was definitely decided 10 years later in the case of Coffin vs. The <br />i.et'thand DHch C.mpany, wherein the Supreme Court of Colorado announced <br />the Doctrine of Appropriation as being the only doctrine applicable to <br />this State. <br /> <br />. <br /> <br />The foregoing provlslons of the Constitution which are unique, con- <br />stitute the basis upon which the irrigation laws, Court decisions and <br />procedure relative to the administration of same, are founded. <br /> <br />In 1879, the Legislature enacted the so-called "Irrigation Statute" <br />to give effect to the aforementioned provisions of our Constitution. <br /> <br />In 1881, the above Act was supplemented by such additional pro- <br />visions as "experience had demonstrated to be expedient and necessary <br />to the welfare of the agricultural interests and the quiet, orderly and <br />economical distribution of the waters of the State." <br /> <br />Our Supreme Court has held that an appropriation of water is an <br />"Intent to take for some useful purpose, accompanied by .some open physical <br />demonstration of the intent." The Court has also held that it is an <br />"Incorporeal hereditament;" that is, "sometiling that may be subject to <br />being inherited." <br /> <br />1 <br /> <br />./ A water right in this State is also a "usufruct" which means, "the <br />right to use some tiling belonging to another without materially impair- <br />ing the substance thereof." The Courts have also held that its con- <br />tinued enjoyment is dependent upon reasonably continuous beneficial use <br />thereof. It is a property right, and may be lost through abandonment <br />which, however, is a matter or question of intent that must be proven. <br />In Wyoming and some other western States, the established non-use of <br />water for irrigation and possibly for other beneficial uses, over a <br />given period of years, constitutes abandonment. <br /> <br />In this State, a water right is not necessarily appurtenant or <br />Vattached to any particular piece of land to which it has been applied. <br /> <br />Undpr our Constitution, one does not own the water; he merely has <br />the right to take from the source of supply;-sufficient water ~oJi~et <br />Yirr::a.all.rn.e~ds-iJHhinthe--l-imit--Gf..his--d ecree~ .~l'1cljn . S\c: c ordang,>-..wi th <br />the da te .of .pJ:'wfi:t;y-thereni' -a;s .,sta:blisnedbytl16 .. Court. Any time he <br />does not need the entire amount. of water .aecreed to his ditch, he must <br />leave the remainder in the stream for the use of others who may be in . <br />need of it. <br /> <br />, <br /> <br />Authority to determine questions of the relative rights of appro~ <br />priators, is vested exclusively i.n the several District Courts of our <br />State, 'which have original jurisdiction over such matters. These <br />adjudication proceedings are not ordinary court proceedings, but are <br />in the nature of 1;rha t is known as "sui generis," which means "unique or <br />peculiar in itself, or of its own kind." <br />