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to have the water flow through his land in quanity and quality as it was wont to do when he acquired the title thereto. There have been several instances in the past where progressive men who wished to use the water from some stream on their lands were prevented by actions brought or threatened for infringement of the riparian rights of the owners of the property lower down.

In 1875 and in 1888 laws were passed by the legislature for the encouragement of irrigation enterprises, but in both cases they proved inadequate. In 1895 the twenty-fourth legislature passed a new law regulating "the aquisition and use of water for irrigation, mining, milling, the construction of waterworks for cities and towns, and for stock raising." This law applies only to those portions of the State in which "by reason of the insufficient rainfall, or by reason of the irregularity of the rainfall, irrigation is beneficial for agricultural purposes." By this law the unappropriated waters of the above- mentioned portions of the State are declared to be public property, and provision is made for the appropriation of the same by private persons or corporations for the uses mentioned above. The riparian rights of a person owning property along such waters are recognized to the extent that the waters can not be diverted to his prejudice without his consent, or without condemnation proceedings carried on in a manner similar to those used in obtaining ' land for public purposes. The appropriator first in time is first in right. The law provides ample means for certifying to the appropriation and for regulating and protecting the corporations which may be organized for the purpose of using the waters thrown open to use by it. This middle course, in regard to the doctrine of riparian rights, is that adopted in California, Washington, and Oregon, and seems to have been successful in those States.

In 1897 there was passed by the twenty-fifth legislature a joint resolution to amend the constitution of the State by adding there to a section which provides for the formation of irrigation districts without regard to county lines. Under the terms of this such districts could only be formed west of a line drawn through the State in a general north-south direction at about the eastern boundary of what is here described as the semiarid region. This amendment proposed that irrigation districts should be bodies corporate and have all of the rights and liabilities of ordinary irrigation corporations. They might issue bonds to cover cost of construction of their irrigation works, subject to the same restrictions as county and city bonds. The indebtedness for the construction of irrigation works in these districts could be created only by a vote of the majority of the landowners resident in the district and having lands susceptible of irrigation by the proposed works. The proposed amendment was submitted to a vote of the people at a special election on August 3, 1897, but was rejected by a heavy majority.