Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1899-06-28

pensve. Even if the financial resources Of the individual would permit
the construction, the use he could make of it afterwards would probably
not require as large a reservoir as could be built, and he certainly could
not be expected to build for the benefit of others. The result would be
that very few works of magnitude would be commenced at all and those
commenced would probably not be what the true capacity of the sites
would call for Again, it is wholly improbable that works so built, LOOK
ing only to immediate returns upon investments, would be of that perma-
nent and enduring character which it is greatly to be desired that they
should possess.
The same argument, in a les degree, applies to corporate management
of these works. In the matter of financial requirement the problem
could possibly be solved in this way. But no investment is feasible un-
less the investor can control the most elusive of all forms of property.
The owner must not only control the source of supply, but the place of
application as well. To insure a re-
munerative use of the water supply it is necessary to con-
troll the land where it is to be applied. There are several
examples in the more limited valleys of the short coast streams of Cali
fornia where this has been done with some measure of success. But one
has only to examine the history of these works. and consider the vast
amount of financial failure which has accompanied them, and the inter,
minable litigation to which they have given rise, to see that even in this
favorable section the method has been far from an unqualified success.
There are doubtless few people in California to-day who will not admit
that it would have been better if these works could all have been con.
sructed under some sort of public control. When it comes to other Sec
tions of the country the conditions would be still more unfavorabe. In
Wyoming the policy of small holdings is far better established than in
California. Corporate control of large areas is more difficult, and the
streams are of such length, and the benefits of the sources of supply
reach so far. that it would he impossible to control them all.
The matter of private or corporate construction of these storage works
is therefore seen to be one of very doubtful practicability from a financial
view alone, while in neither case il it likely that reservoir sites would be
developed to their full capacity, as they should be, but only to the extent
that would be, most advantageous to the investment itself. The result
would be, from a public point of view, an incomplete and imperfect
system.
There is another view Of great public Importance which also tends
il the same direction. til becoming more and more apparent in the
course of irrigation development in the West that the waters of the
streams should not be made the subject of private property, but that
they should inhere in the land to which they are applied, and that pur-
chase or sale of water as a commodity should not be allowed. Although
in most States the contrary doctrine las hitherto prevailed, the DISPOSE
ton of the courts at present and the views of practical irrigators seem to
incline more and more to the doctrine of the public character of all
streams. In one State, Wyoming, this more enlightened doctrine has
gained a secure foothold, and the entire administration of the water laws
is based upon it. That State has profted by the mistakes of others, and
although great pressure has been exerted in favor of the opposing doc
trne, it has not yet yielded in a single point. It's clear that this prin-
ciple can best be promoted so far al stored waters re concerned, by hav-
ing the storage works public property. Their construction by private
agencies is hardly separabe from the control and disposition OF the water
as commodity.
A proper development of a storage system for the waters of Western
streams, it is thus seen, can not be expected through private agencies
1t must be accomplished through some form of public control.
IRRIGATION nTSTRLGrc. = a
The advantages to be expected from the public construction of storage
works. They re designed to enable the residents of a particular Sec
ton of country, which is naturally watered bya common stream or source
of supply, to organize for mutual promotion of irrigation enterprises in
the development of its lands. As exemplifed by the celebrated Wright
law of California, such a community, by complying with certain condi-
tions, can form a district, issue bonds, construct reservoirs, bitches, and
other irrigation works, and the bonds therefor become a first lien upon
the real property of the district. The powers thus granted are seen to be
almost those of sovereignty, while the territorial restrictions limit dis
tricts to territory in which the interests to be promoted are as similar as
can possibly be secured. The law is, a priori, an admirable invention to
secure a public administration of irrigation works, and is one from which
great results would naturally be expected.
But the history of the measure has thus far been distinctly the reverse.
Districts were injudiciously and even fraudulenty created. Works were
entered upon without proper professional information and were fire.
quently found inadequate to the uses required Of them. In many cases
visionary and worthless projects were put through at the instlgation OF
nlldCto dHu puohnolel III eAPSlSu W PiOhe theiSoy' ooN "S
trcts were formed where the judgment of a majority of the property own
es was against il, and in many other respects the operation of the law
was almost disgrace to the State. The irrigation bonds of course quickly
responded to the influence of the system. They deprecated in value,
SO that disposition of them was impossible on any reasonable terms.
Stagnation Of work ensued, and many districts were left with a heavy
bonded Indebtedness, a first lien upon the lands, and no irrigation works
to show for it. The system has been emphatcaly a great ~disappoint-
ment in its practical workings thus far, and although the correction OF
some of its obvious defects will improve its operations in the future, it
will not be easy to rehabilitate it in the public confidence.
But it is clear that however much the district system may be improved
in its application to distribution works, it can not develop a compre-
hensive system Of reservoirs. In the first pace.it will naturally limit
its enterprise in any case to the need of a district. A comprehensive
work which should consider the full capacity of the site and make of it
all that it was capable OF. could not be expected. A district would not,
of course, build for the benefit Of Others. Add to this that the resources
of the districts would necessnate the strctest curtaiment Of expenses and
would rarely permit the scale of expenditure which the best results would
require, and it is readily seen that this form of public control of reser-
vGr works would not produce the best results.
STATE OR NATION.
There remain to be considered the States and the Federal Government
as the only agencies qualified tocreate a comprehensive reservoir system In
the West. In many respects thearguments which apply to federal control
of these works apply equally to State control. In each case the agency Is
in the broadest sense a public one, each being within its proper sphere
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