The morning call., 1893-10-13

arid Government lands. These are Deyond
the reach OF State aid. Recourse cannot
he had to them as a security either Dy the
private vendor or by the State or its agents.
This element of security lies at the oasis
of all responsibility, and where security Is
wanting responsibility ceases.
We must therefore dismiss arid Govern
ment land from consideration so lar as
State legislation is concerned. The condl-
ton most loudly calling for the solution OF
" this great question and the meeting OF
which answers the ends of practically all
who have direct interest in the subject is
: that which abounds in every farming neigh
borhood where the artificial application of
water TO the soil may be necessary or de-
- slrable. Vast areas of such land abound
in every State and Territory lying west of
the Missouri River. How should the
owners of such lands best meet and over
come the difficulties in the way of supply
ing their lands with the water needed for
irrigation?
A neighborhood of farmers or a COM
munity of such neighborhoods possess
lands which are of little, if any, value
without irrigation. Nature has, in most if
not all such cases. provided an ample
: supply OF water.
Thus far conditions are cited which
almost universally prevail in all States and
Territories where irrigation is desirable.
First-An area Of lands requiring rriga-
ton as a condition of their profitable cul-
tivation.
~ Second-They are similarly situated.
Third-The title to said lands has been
reduced to private ownership. How best
may farmers surrounded by these condi-
tions acquire a supply of water for irriga-
tiOn of their lands?
It seems to follow, without argument.
that they should have the water at the
bare necessary cost OF supplying 1t. Where
the value of the land which they buy is
dependent upon a supply of water for its
: irrigation, then the title TO this water sup
ply should be no less definite and certain
than the title to the land.
The courts of California have deereed
that the water apDurtenant to riparian
lands is part of the realty and that it
may be conveyed by deed in the same
manner. But unless so conveyed this
riparian right is held by tenure of the
land itself. Such should be the status of
the title to all water required for irriga-
ton. Where the common law of riparian
rights prevails there are but three methods
by which the owner of lands not riparian
may acquire title to water for irrigation.
The first Is by prescription, the second by
purchase and the third by condemnation.
The first of these methods cannot be as
serted by the landowner. 1t is beyond
his power to subject the property of others
to his own use except by their permission,
which permission. if it continue five years
or more to their injury or detrlment, de-
MES them of the right thereafter to make
objection. But this mode of acquiring
title is so indefinite and little to
be relied upon as to be really
unworthy OF being classed as a
means of acquisition at all. The acquisi-
tion by purchase is generally imprac-
ticable. Riparian owners are generally SO
numerous and jealous of the superior ad-
vantages possessed by them that it is i'm
practicable for the individual owner singly
TO satisfy them; and objection by one is
equally as fatal as objection by all.
There remains the third acquisition,
namely, by condemnation. The area of
lands not riparian as compared with those
riparian is so much greater that the own
can easily afford to bear the burden neces-
sary to be borne in making purchase at
such price as the court may fix. This
method of acquisition we deem the only
means available to owners of non-riparian
lands. But in order that the owners of
non-riparian lands may act in concert and
thus furnish the means. each his just pro-
portion, to acquire the title to water in this
manner. it is indispensable that there
should be organization, such as the NUM-
ciDal or quasi-municipal corporation af-
fords. No considerable number of men
will agree upon the means to be resorted
to to reach the end CT any important un-
dertaking Hence organization and the
exercise OF the ordinary governmental
functions becomes necessary and indis-
pensable.
But when we have crossed the barrier
encountered in the acquisition of title to
water there yet remains the problem as to
the means by which it shall be diverted
from it's natural channels and applied
to the lands. The means of diversion
must be created, which in most instances
requires the outlay of stupendous sums of
money far beyond the reach of the man of
ordinary means. In the construction of
irrigation works it is apparent that the
Individual owner operating alone is all but
helpless.
at is equally apparent that by united
effort almost any difficulty may be SUI
mounted. United effort can only be
secured by organization, and by such or
): ganization as possesses governmental
functions.
"Hence in the two conditions to be met
and overcome, namely: How shall the title
to water be acquired? and how shall it
be diverted and applied 10 the lands !?
We come by logical sequence to the
conclusion that il the conditions are to be
met by the landowners il can only be done
by an organization possessing the po wers
of government. 1t is true that men pos
sessed of great wealth and extensive do
mains of land can provide for themselves
system of irrigation, but l AIN now dis
cussing the question from the standpoint
of the average farmer.
There is no way in which he can attain
the desired end other than by organized
effort, such as municipal or quasi.
municipal corporations afford.
1.-The irrigation law of California of 1887
was enacted to meet this end II was