The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-01-10
THE STATE SHOULD OWN THEM,

The bill of Representative Herbert, Of
Alabama, which proposes to transfer the
arid and semi-arid lands of the public
domain to the control Of the states, is
the best solution of the desert land
problem we have yet seen. The pre-
ambie to the bill, which is a compre
hensive statement OF the whole ques-
ton, reads as follows:
Whereas. The proper irrigation and re-
clamation of that portion of the public do
main of the United States known as the
arid regions, and lying west of the ninety
seventh meridian of Longitude, present
many difficult questions relating to the
location and demarkation of catchment
areas and basins, the construction of
reservoirs for the storing Of storm and
other waters, and the equitable distribution
to the greatest advantage of such waters
among and to the Tiers of the soil, which
difficulties can only be surmounted by
laws. rules and regulations made by those
who are best acquainted with and most in
terested in thep problems to be solved, and
who, as they are to receive the greatest
direct benefits, ought, in equity and jus
tlce. to defray the vast expenditures of
money necessary and requisite to the i'm
provement. reclamation and settlement of
such arid lands as can be reclaimed: Now,
therefore. in order to turn over and remit
to the peoples of the state and territories
in which such arid lands lie all questions
relating to the irrigation of the same. and
to save further expenditure of the moneys
OF the United States thereon, be it enacted,
etc.
Following are the main provisions of
the bill: Subject t. all inchoate or
perfected rights of any nature whatso-
ever heretofore acquired by or ex sting
IN any person or persons. all lands now
belonging to the United States and
lying in the states Of Nebraska, South
Dakota, North Dakota, Montana, Wash
ington, Oregon, Wyoming, Idaho, Colo
a and California, and the territories
OF New Mexico, Arizona, Oklahoma and
Utah shall be coded to these several
states and territories. 1t is provided.
however, that the title and right to the
lanes lying in no one Of these sew
eral states or territories shall vest in
the territory or state, nor shall apv
patent issue to the state or territory
until the legislature thereof shall have
enacted laws or made provisions in rela.
ton to the use OF water Or water rights
for irrigation purposes, which shall be
assented to by such other states or ter
ritories as may be interested in the flow
OF waters arising in or flowing through
such state or territory and into or
through such other state or territory.
When it shall be made to appear to the
president OF the United States that any
state or territory shall have made an
adjustment of water rights which is
satisfactory to the other states or terri
tories interested in the flow Of waters
therefrom, the president shall issue let.
tiers patent to the state or territory for
the lands lying therein
The bill further provides that all
lands OF whatever nature belonging to
the United States and lying within the
limits of any other state Of the Union
shall be granted to the state, and the
president shall issue patent as soon as
the legislature Of the state indicates its
acceptance OF the lands. This, however.
is not intended to affect lands held by
the government for naval, military or
other public purposes, nor is the Terri
tory OF Alaska to be included. OF course
this plan if adopted would in the course
OF a few years do away with the public
land system of the United States, except
as applied to Alaska, the domain now
belonging to the general government be.
ing transferred to the several states and