The herald., 1898-01-02
Popular Irrigation


agricultural lands. The individual farm
er. unless he be man of great wealth,
~ unable to construct an Independent
irrigation system of his own. Single
handed, therefore, he is necessarily de-
fpendent on the capitalist who engages
In the enterprise of acquiring and SELL
ing water for Irrigation as strictly
ycpynmercial proposition.
Under such circumstances the owner
OF the water supply may charge his own
price for the commodity sold, and this
ordinarily renders the cost of water to
the consumer exceedingly burdensome.
No more Ubiquitous document was ever
framed than the average water con-
tract" Of California. An exorbitant price
is usually exacted as payment for the
privilege Of buying water at all, and
these payments, which Of themselves
would be highly remunerative to the
vendor, are required to be made annu-
ally thereafter. Conditions most un.
favorable to the user of water are gen.
orally embodied in such contracts and
the land owner must submit to them or
not get water at all.
If community Of farmers unite and
construct a system of irrigation for
rigation Of their lands at the bare run
ming cost Of diverting it and conveying
It to their lands. what different condi-
lion results. The farmer thus becomes
the owner Of his water supply on the
most favorable terms possible, and by NJ
power on earth can it be taken from him.
The end thus accomplished is certainly
greatly to the advantage Of the agricul-
cl, l,A al.f1 o
aided by legislation there are certain
powers which mere concert of action
does not confer, such as the power Of
eminent domain, the power to compel
each land owner to defray his just share
Of the expenses which must be incurred
In creating and administering such O
system. That concert of action may be
attended with these powers legislation Is
necessary. Such legislation should sim
plyprovide the means for the creation Of
a body polite, to consist of those whose
interests are affected, with such safe
guards as may be necessary to insure it's
proper formation in the first instance
and its economical and effective man.
agement thereafter. This end being
achieved, every agricultural commun-
ity will have at its command the means
public utility of the first Importance to
the agriculturist and that legislation to
that end will be perfected is certain.
Such was the end aimed at by the irri-
cation district law of 1887. 1t was care
fully considered statute, and If it's pro-
visions had been followed in every case
there never would have been a failure
OF success in any district organized un-
der it.
The administration of any law must
be left to those to be affected by it. Any
statute that has ever been framed might
have been rendered oppressive by mis-.
understanding and perverting it's provis-
ions. AS a familiar example take the
county government act of this state. 1t
puts no limit whatever upon the levy
which may be made by the board of SUI
pervisors of a county for the general
fund. The board of supervisors have
the legal power to make various i'm
provements, such as building a court
house, county Jail, hall Of records, pub
lie bridges, etc., all in a single year, and
to make levy sufficient to pay for them
all in that year. Such a levy might be
sufficiently heavy to bring about almost
general insolvency Of the taxpayers. Yet
we do not hear the law condemned be-
cause this dangerous power is vested in
the board of supervisors. While the
power is given the legislature trusts to
the wisdom of those who administer the
law as safeguard against the abuse
of the power which it confers. So 1t was
in the case of the irrigation district law
of California. That law conferred on
the board of supervisors the legal power
to determine what land should and what
should not be included In proposed ir-
rigation district. 1t was indispensable
that this power should have been vested
In some tribunal. 1t was fair to pre-
sumo that this duty would be conscien-
tiously performed. If 1t had been there
never would have been a mistake made
in the organization of district under
that law. Every district formed would
have been feasible plan for supplying
water to every acre within it's bound
aries at bare necessary cost 1t would
have been practicable and economical
. plan and in every instance would have
achieved excellent results. That there
are instances of maladministration of
the law is not to be charged to defects
in its provisions. 1t is simply a repetition
of the case of power which it was legally
u,
There is another reason why progress
In the administration of the irrigation
district law has been retarded and it's
usefulness impaired. This consists in
the bitter opposition encountered upon
the part of a portion Of those affected by
It's provisions Probably no law ever
enacted commanded unanimous sup
port. Against this opposition it took
many years Of time to test the legality
OF its provisions; while this was in pro-
gress work under its provisions was vir-
tually suspended and those who hoped
Tor immediate benefit from it's provisions
In many instances lost heart and hope
and Joined the ranks of those who were
seeking to encompass it's defeat. If the
END achieved in the United States SUI
preme court in 1896 could have been
reached in 1887 the benefit to the state
OK California would have been inesti-
fnable
Any new statute covering the same
SUBJECT matter, no matter how wisely
formed, will have to travel the Same
Wearlsome Journey before the benefits
to be mad under it can be realized. Can
, italists who have large tracts of land
Tor merely speculative purposes will
always contest the provisions OF anv
law which requires any expenditure by
~ t. L