(1.) The doctrine of appropriation of water from streams;s peculiar to the Western States, and owes its origin to the necessities of the arid region. The doctrine is that the unappropriated waters of natural streams shall be subject to appropriation for irrigation and other useful purposes. To constitute a valid appropriation of water, there must be an actual diversion of the water with the intent to apply it to some beneficial use, followed by an actual application of it to that use within a reasonable time. As between appropriators, the one first in time is first in right.
(2.) A person desiring to appropriate water must post a notice, substantially as per Form No. 70, at the point of intended diversion, and a copy of such notice must, within ten days after it is posted, be recorded in the office of the County Recorder of the county in which it is posted.
Within sixty days after the notice is posted, the claimant must commence the excavation or construction of the works in which he intends to divert the water and prosecute the work diligently to completion, by which is meant conducting the water to the place of intended use. By a compliance with the requirements of the law, the right to the water relates back to the time the notice was posted.