Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1895-10-05

must admit that while they have an elc.
ment worth hundreds OF millions OF
dollars annually, an element on the
proper handling OF which the very life
Of the state depends, they are incapable
Of making a law Tor handling II. No
man knows the law today. No man
knows what laws the courts will permit
the people to pass. Millions Of dollars
have been expended In liiigating water
rights, and yet no man can even guess
at what a water right is. Every time the
question goes into court It comes out
more uncertain. Meanwhile the state In
all her interests suffers. Riparian rights
the right Of the last man down a
stream 10 have the water flow undinin-
ished In quantity and unimpaired In
quality-have been upheld by the courts,
and hence nearly all the diversions OF
water by which orchards and vineyards
flourish arc made In direct violation ol
laws.
This is the Legal Aspect" of the
condition OF irrigation laws. Now. what
is the remedy Time, that potent healer
Of all evils, will eventually give remedy.
But whenf
Those who are toiling on with this
subject must remembe' That tins ques-
ton OF irrigation Is Comparative new IN
the history of American jurisprudence.
They must remember that the att OF
irrigation was born from the absolute
necessities OF the settlers OF an arid
region, and, although pracliced IN the
United States by an English speaking
people but about fifty years II has been
the principal means OF the settlement
and development Of that portion OF our
country west OF the tooth meridian, uB-
vi today II has become a subject OF par
amount importance to the whole coun.
Try Involving, as II does, a use Of
water based upon the prncisa al oil pri'
ority OF apptopfation-which doctrine
was not recognized 10y the common law
irrigation has caused the overthrow Of
that ancient, common law doctrine Of
riparian rights In most oil the western
states. Aud California, although one OF
the first to adopt the principle Il pr.
GRITTY. has been most unfortunate IN not
having been able TO abolish riparian
rights, as the two systems together in
volvc the law upon the subject Of waters
in unutterable confusion aud sooner OF
later one or the other must fall.
The most Important legal question be
fore this congress today, Is the one In.
yolving the constituiionality OF the right
law. This question is not only oil great
interest to the legal fraternity, but is oil
the most vital importance to the district
organizations OF California, to thoss
VINO have purchased the bonds issued
BY those districts. TO the land owners
within t..eir boundaries and also to the
material advancement OF the great state
Of CALIFORNIA, and to the stability OF irn
CATION enterprises and the confidence
that will be placed In them IN the future
throughout the whole financial word.
Recently have given the question a
close examination and, without going
into great detail, the following Is the
! result OF my Investigations.
The law OF California authorizing the
formation OF public corporations called
"lrrigation Districts" aud commonly
called the Wright Law" was originally
passed March 9Th, 1887. Many OF the
original provisions have been amended
since the date oil It's passage. The act
as 1t now stands provides Tor the organ.
ization OF irrigation districts as follows.
whenever hity or majority OF the
holders OF title or evidence Of title to
lands susceptible OF one mode OF irriga-
ton from a common source, and by the
same system OF works desire to provide
Tor the irrigation OF the same. they may
! propose the organization OF an irriga.