Local custons and practices for the use of stockwater began before the Treaty of Guadalupe Hidalgo and the Gadsden Purchase. Bur General Kearny, author of Kearny's code was a wise man and he incorporated Mexican land laws into his code and these concepts were adopted into the treaty and the Gadsden Purchase. One important concept was the idea of a separate estate for surface and minerals, and the separation of water rights from the land.
Read Article