The Delta independent., 1897-09-17

families and stock are suffering for water
for drinking purposes, is q condition that
the Constitution does not permit, neither
will the people Of any country sustain
such Law. They will take the water
and drink it without the consent oisuch
Law, nor will they wait to institute con-
demnation proceedings before they press
the cup to the lips Of their children, or
partake themselves. To say that they
must do 30 is absurd. 1t is making the
laws Of our state ridiculous, rules to bs
violated, covertly and secretly il possible.
but openly and defisntly il necessary.
Laws which conflict with natural laws
cannot be expected to be enforced. and
the fact that people generally refuse to
obey any Law 10 evidence. not prima
facie, but evidence certain and incon-
trovertible that the Law ID wrong and
that it will not stand.
Then with this definition of water
right. -the privilege Of using % much
water from q stream a. 10 needed to IL
rigate not to exceed Q certain acreage Of
crops, which are needing water, provid-
ing the water il not needed for privi.
legged use." All the Laws concerning
water priorities become plain and easily
understood. The title to the water re-
mains public. 1t then follows that the
public has the rig ht to insist upon the
most economical use Of the water, and it
can. through its courts, insist that the
waters be used in the most economical
method possible. The courts can say to
one man. your crops do not need .
statutory inch OF water continuously.
but you can have water enough to
thoroughly irrigste your crops in six or
twelve hours, and after that time you
must let others use the water in accord
ance with their priorities until you need
it again. In doing this your water
priority 10 not interfered with. but ve
shall permit no waste and the people of
the state have retained the right to say
what waste ID. In other words. nov.
under our present laws. the courts have
the power to divide the water by time
instead Of by quantity. or by making
other reasonable regulations - to its
use. The only obstacle standing in the
way ID the effort being made by OUT
Supreme Court to give to the sppropsia.
tors that which the Constitution says
ffss1 z: ehlll sss S !. ResRss N xi.; :. ies:.::s
does not need the Wright Law. which
vas % much discussed BY our legislature
last winter. We have that Law in our
Constitution, where the title to the water
10 reserved in the public, the people hav-
ing only the privilege OF using II. that
use being subject to the control ot the
courts And this 10 all that the Wright
Law accomplishes, except the great
American privilege OF running into debt.
issuing bonds and paying interest II
this matter is properly understood the
Wright Law will never again Be heard Of
in this state.
USE OF WATER.
We now come to the most important
branch OF the irrigation question, which
is the use Of water. 1t will not be ex-
pected that shall tell you at what times
and seasons the different kinds q crops
need watering to produce the best re-
suits. nor the amount Of Watering which
should be gwen them, for this 70 large
field and one well worthy oe practical
and scientific Investigation BY the state,
and a special department created for the
purpose. II fruit raisers could be told
that they would meet with The best re-
suits in their fruit il they gave their
apple orchards . thorough irrigation for
the first time from the 5th 70 IL l0th
OF April in certain attitudes On IL West
ern Slope. 4 second Watering when the
apple blossoms begin to fall and third
watering when the apple rsechss about
two thirds growth. and that they should
have no more water until IL = time for
the roots to frecse up in the tall. Fruit
raieers would begin to think they were
proceeding upon some approved courss
Of irrigation of the apple. Similar ex-
per.ments and rules could b made for
each and every other kind u fruit and
crop and il seems to me that this Geld
ID an important one fos state aid and
investigation.
Couti,ued seas veal
eseUes1sa oaDse
w-S>~c Sls,r,s Enip Mc~N~, A. m