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<br />003123 <br /> <br />. <br /> <br />. <br /> <br />labors, where the result is to make available a supply that other- <br /> <br /> <br />wise would go to waste, in which event no other party is being <br /> <br /> <br />deprived of water which he is entitled to receive. <br /> <br /> <br />There are numerous examples of this law in force in the <br /> <br />recorded cases of western law. In a California case, one who <br /> <br />built a pipeline to convey stream water over a stretch of channel <br /> <br />in which losses by seepage and evaporation had been heavy, was <br /> <br />given the right to use the quantity saved. In an Idaho case, a <br /> <br /> <br />company which, by the construction and use of a pipeline, made it <br /> <br /> <br />possible for a group of farmers to divert their water seven miles <br /> <br /> <br />up stream, was given the prior right to the quantity of water <br /> <br />previously lost in the seven mile stream channel. In another <br /> <br />case, one salvaging and appropriating the waters of a tributary <br /> <br />stream, which otherwise would have been lost by evaporation, and <br /> <br />would not have reached the main stream by subflow, was held en- <br /> <br />titled to the use of such waters as against a prior appropriator <br /> <br />on the main stream. <br /> <br />Features that these cases have in common are that the <br /> <br /> <br />rights of other water users were properly safeguarded against <br /> <br /> <br />injury and after making provision for supplying these other users <br /> <br /> <br />with the quantities to which they previously had valid claims, the <br /> <br /> <br />ones making the improvements were awarded first right to the water <br /> <br />theretofore lost but now saved. <br /> <br />-2- <br />