The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-01-30
IRRIGATION AND WATER
RIGHTS.
Suggestions By a Practical Irri-
gator.
MILL UREEK, SALT LAKE Co ,
January 26, 1880.

January 70, 1851.
Editors Herald:
Permit me, through the columns o.
your valuable paper. to present few
thoughts and suggestions, based on
practical experience and observation,
upon irrigation matters. Il is said
that quite a number of bills are in
the possession of members OF the
Legislative Assembly On the subject
Of water rights and irrigation, and
the members seem to be thoro lghly
alive to the necessity OF enaeting some
suitable laws on this important sub.
ljeCt. II Is, to good e1tsnt, a new
field for Legislation. But very few
ensctmeLti are found upon the statute
books OF the different states and terri
tories to serve as precedents; hence a
good deal OF care will be required IN
framing law on the subject. In my
opinion, the wants and customs of the
people of this territory should be the
main guide In the matter. There is
a possibility of doing too much, snd
thus cOmplioeting our already il tricste
water right questions and cultoms o
controlling our irrigation affairs.
Some think that the Legislature can
define and establish every PERSONS
water rights to me such q thing
seems impossible for that honorable
body to do. All that they can do. in
my opinion. is to enact some general
provisions whereby peoples water
rights can be ssoeTtsined and estab-
lished, and Congress hiss already
done that by granting a priority OF
claim to the first appropriations. The
determining of controversies in
relation to conflicting claims
on the same water will have to
be brought about by judicial
process 1t is certainly highly import
ant that individual and also collective
water rights to be defined and estab-
lished, and, one OF the beat means 10
attain tbs end is for all such differ
ences to be submitted to arbitration.
The decision Of such tribunals can,
by taking the proper steps, be entered
upon the records and judgment books
of our district courts, without having
all the details OF the investigation pass
through said courts, and the arbi-
traitors can be chosen from the IaDlls
of practical irrigators. Where par
ties cannot agree to submit to arhi-
tration, AMI apply direct to the courta,
the judges ought to be authorized and
required to appoint referees, for the
purpose Of taking testimony from
practical, unbiased agriculturists, &C
gusinted with the locality where the
dispute srises.
We need q law to regulate the dis
tribution of water for irrifating pur-
poses. Custom has established an
officer amongst Us whom We call a
Ra.ermastsr," but there is no law
creating such an Office or defining
tas powers, duties and obligations
thereof. People in their collective
as ditch and canal owners
need some legal authority under
which they can combine for the sys.
working and controlling of
their respective bitches and canals,
and for the protection of their respec-
tive rights. They need sufficient
to enable them to assess and
collect an annual tax to defray ex-
penses, and to facilitate the ascer-
tanning and establishing of the rights
of different bitches on the same
stream or source. But inasmuch as
differ very much in
different localities, a general lay pre-
scribing details of management
in irrigation matters for the
whole territory cannot be- made
for what would suit our
neighborhoOd, would not, perhaps, be
at all applicable to another; hence.
each ditch or canal ought to have au-
thority 10 adopt its own rules and
bylaws, not inconsistent with laws
now in force. The old act for the in
Of irrigating companies is
too cumbersome, and also too doubt
ful in some Of its provisions, to answer
the purpose.
Water is an Indispensable adjunct
to orr agricultural pursuits, and IL
many cases might be made to cover d
good deal more land than it now does,
if thoroughly Systematic plan of dis
tributing it could be established,
Heretofore we have had 70 general
Iaw By means of which a thorough
system could be established and car
ried cut. The matter depends en-
tireIy upon the suferance of the pso.
pie concerned; and if an individual,
Or even a community, took it into his
or their head to be contrary. and im-
pose upon neighbors or neighbor-
hoods, it generally has been submitted
20 for the sake of peace, and because
it was understood that there was no
law to afford adequate redress. Let
US have a plain, well-defned law,
without any doubtful provisions-oue
that the courts will sustain, and then,
in nay opinion, the controversies about
water rights will soon come to an end,
and cur mountain streams ami lakes
be made, under a Systematic haad
ling, to fructjfy larger propoltion Of
mother earth they now do.
Respectfully, WATER-OGNER