Bent County register., 1888-12-01

"'-LS' ~ bdS NJ Sa4iiH VI MS uleLTlcI
among the several canals, according
to their rights as determined by the
court; and, If need be, be may sum
mon the sheriff to assist him in the
discharge of his duties. The water
commissioners are under the direc-
ton of the superintendents of lrriga-
ton, who have charge of the water
divisions, each divisions embracing
several water districts. The especial
duty of the superintendents is to see
that the laws are properly executed,
and that the judicial DEGREES are en-
forced by the commissioners. The
superintendents are under the gener-
al supervision of the state engineer.
and anybody has . right to appeal
to him from a superintendent. The
commissioners must report fully to
the superintendents as often as the
latter desire, respecting the supply
Of and demand for water IN their re-
spective districts, and all other mat
ters deemed worthy Of attention.
So much for the relation of the
state to the canals. What are the
farmers relations to them? Water
ls disposed of to consumers in two
ways-by rental and by absolute sale
Of the right to it. a company rare
Is attempts to dispose of water under
both plans, for that has not been
found practicable. A corporation
seeking a permanent investment may
construct canal for the purpose Of
renting water 10 farmers at an annual
RENAL "per inch - Water rents, in
Colorado, are from $3.50 to $3.50 an
acre Tor an 'ineh") per annum. If a
farmer regards the rental exorbitant,
he may have the matter brought up
before the county commissioners,
who, after hearing evidence ON the
part of the consumer and the com
pany, can fix the sum. Their decis-
ion IS FINAL, SO that practically the
people control the rate The princi-
pie which inspires the law to adopt
this procedure IS that the canal com.
panies do not own the water, but are
public carriers. IF a farmer has once
used water on his land, he can always
compel the company to furnish it to
him upon rendering each year the
rental price established by the com.
missioners, the theory being tha, wa
ter, once applied to tract of land,
is fixed appurteuauce as long as the
rental is paid. 1t cannot be trans
ferred by the company or the farm
er to other land without the consent
OF both parties.
But the usual and most popular
plan of disposing of water is to sell
perpetual right 10 its use. When
the constructing company on this
plan has sold all of its water, the
canal Is owned and operated by the
farmers as stock company, shares
Of stock representing "lnchesn of wa
ter. The corporation is then mu-
tual company, escaping the hindran-
oes of the law; and the consumer
owns the right to his water, and pays
ouly the annual charge for "malaten-
ance aud operation"-generally ten
cents per acre. perpetual rights
on the plan are worth from five to
twenty-five dollars per acre. While
the parent corporation exists, the
purchaser obtains a deed or contract
for his perpetual water-right"-a
temporary evidence Of the right to
use water. a A'.perpetual wateT-rirht. >
or simply "water-right," is right
good for all time, to sufficient water
to irrisate eighty acres. When the
farmers reorganize the company on a
final basis, "water.right" contracts el
deeds are superseded by shares Of
stock.
How the consumers farms under
the irrigation system. and what are
some of his advantages, next deserve
notice. The farmer must conduet
the water to bis land from the head
gate. or opening, through which h,
takes his supply. The headgate IL
always under the control of the su
pcrintendept of the canal, who divides
the volume am9pg The users. Eacl