The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-24
A NATIONAL IRRIGATION Law.

Springfield, Ill.
A NATIONAL IRRIGATION LAW.
MI. Alva Udell sends us the draft Of
a proposed national irrigation law that
he will ask congress to consider this
winter. 1t appears to be a carefully
matured measure and the author has
embodied in it many of the best pro-
visions in the laws of the various states.
At the outset Mr.. Udell assumes that
state legislation is inadequate. "ln
many cases. he says. Stands susceptible
OF one mode Of irrigation, from the same
source and from the same system OF
work, is situated in different states adj
jacent to the state boundary, and with
out national supervision there can be no
just or equitable division Of the water
necessary to irrigate it. Furthermore,
it is conceded that the great rivers,
their tributaries, and other sources of
water supply necessary for irrigation
purposes, which cross state boundaries
and in some instances pass through sew
eral Of the states, make the question Of
irrigation and water supply an inter
state matter which should be subject to
congressional control"
AS far as it goes Mr.. Udell likes the
state law of California, under which
bonds are issued by irrigation districts,
and the courts have special powers con-
ferred upon them to confirm the validity
Of the bonds. Still Mr.. Udell thinks
the inadequacy of state legislation is
most forcibly shown by the fact that
while the bonded irrigation districts in
California embrace about 100000 acres
Of fertile land, valued at not less than
S180,0O0,000, and with a bonded debt of
a trifle over IS per acre, scarcely S5,oO0,-
600 OF the bonds have been sold, leaving
bonds to the amount OF s19,0O0,O0O I'M
sold, while work on the canals in many
cases has been suspended for want of
funds to complete the enterprise.
Mr.. Udell's plan is to adopt the dis
trict feature of the California law in a
national statute, which may be inter
preted and construed by the United
States supreme court and thus the dis
trict bonds would have their legality
fixed and determined once for all. MI.
Udell thus states his plan: "The or
ganization of the district IS to be effected
under the supervisor of the secretary
OF the interior, who determines for the
government the cost OF the district irri-
cation works, thus establishing the basis
for the faith and credit Of the govern
ment, which will take preferred district
bonds to the amount of such estimated
cost in lieu of United States registered
bonds now used as the basis of national
bank circulation. The irrigation bonds
SO taken to be at all times secured by a
preferred lien existing first upon the
property of the district, to be paid in
thirty years; but to aid in the payment
of such bonds the entire net proceeds
from the sale Of public lands within the
district are appropriated and set aside
in the treasury of the United States as
a sinking fund for the district, and an
amount equal to two per centum of SAID
bonds shall, on and after five years
from the date Of the bonds, be
annually paid by the district into
the sinking fund until it shall equal
the amount of the bonds. Thus with
ont risk the faith and credit Of the gov
eminent are given to the bonds, which
are paid at maturity without aid from
the government except to The amount
appropriated as the net proceeds of the
public lands in the district, and this aid
will be a trlfie compared to the atten-
dant prosperity common to all the peo-
pie"
Some features OF Mr.. Udell's scheme
are undoubtedly good, but we doubt
very much if he can get congress to con-
slider it for a moment. The granger is
still abroad in the land and in the states
of the central west he is a power re-
spected by congressman. The various
conventions of farmers in the past year
have all shown hostility to the enlarge
ment OF the cultivable area of the pub
lie domain. Congress dare not be per
5uadou w w ouIltc w uIlS SbnLlIlGnU
and appropriate money from the ma
tional treasury IN and of irrigation. The
most we can expect from congress is the
turning over of the arid lands to the
several states with perhaps some legis-
lation touching the disposition of waters
that intersect state boundaries. The
lands will then be in possession of peo-
pie directly interested in their settle
ment and no longer subject to the
prejudical action of legislators who do
not understand the irrigation problem
and will not deal fairly with 1T.
LATER in the winter the question of a
new charter, or of amendment of the
present one, will probably be taken up
~, III n ,,nr, ~ ln,.. 1,ll IL