The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-10-29

ado. The territorial legislature Of New
Mexico has appointed commission TO
+ investigate. the question of water supply
+ for irrigation purposes. with a view 10
H protecting the interests of the irrigators
n of New Mexico.
Endless List. of Controversies.
TO take up ana discuss this endless
A list OF controversies In all of the diverse
< conditions of the different interstate
noWlng streams would make a bulletin
4 TOO complex foT general use Oh Informal
A ton. One stream only 1xis4., therefore. BE
L discussed. and ole has been selected
winch presents Within itself examples OF
4 these CONTROVERSIES IN concrete fotnas
lnls IS the Bear river. In all OF the
states traveTsed By this stream the SET
7 tiers along its course are drawing on u
! common source for water for irrigation
4 purposes in all is recognized rf1e doctrine
4 OF the right to Use of water by NfTtge of
/ pflor appropriations, and the settlers are
7 calling upon their respective common
Meaitfls, to protect that right. Yet be-
cause these rights have. thus far been
/! left to the settlement of the state tTi-
btInals, which oIsIy exercise jurisdiction
4 Within state boundaries and have no in
( Haefee beyond. over NV distinct appro-
nrtat1ons one representing an outlay OF
Sle6O,G90, are as absolutely without Spe-
cine regulation as II there were no irEf-
cation laws. And while 1t Is true that
tne courts may i'm time be invoked in
litigation. yet 4 decision regarding prior
titles across Slate lines wiz not open head
gates across state lines when tine stream
rises enough To give water for all or close
them when water is scarce. That needs
an officer with specifie duties. 1t would
be Just as easy 10 conduct Il city water
pump as TO try to enforce priofities
across state lines without some author
lied official to open and close the gates.
There is now no United States or state
law to correct this need Some Wyoming
lrrigators along the stream have taken
advantage or these conditions, and in
order to avoid the enforcement of prior
tiles in Wyoming have built the head
gates of their bitches just across the
state line in Utah
DISCRIMINATION of Systems.
Mr.. Breckons declares that the recog
milton of the principles laid down by
Judge Hiram Knowles in the Montana
district court, in the case of Howell VS..
johnson. would lead TO the total disor-
ganization of existing systems in the
irrigated states, the overturrdng of con-
stftutfonal rights and the reversal of
the decisions of the courts, which have
held generally that congress. by the act
of 1866, has surrendered sovereign pro-
prietorShip in the waters of natural
streams" He continues: AN undesir-
able, deplorable and even dangerous state
of affairs in reference TO water rights
along interstate streams exists in the
irrigated regions of the west by reason
of diverse, non-uniform and Incomplete
irrigation legislation. This state OF al
fairs. II not improved, Will become by
reason of the rapidly charging number
of individuals and the increasing value
OF interests affected, more undesirable
more deplorable and more dangerous. 1t
is also, certain that a continuation of
present conditions viii retard the growth
OF irrigation interests. render property
the value of which depends upon irriga-
ton. less valuable by reason of the I'M
certain tenure and instability of water
rights, and will be generally detrimental
to the welfare of the people of the west.
~Nlt9llV interested thew in nrOnGF
and equitable laws
Improve the Conditions.
Thinking men. devoted to the work of
securing for the west permanent welfare
and prosperity, seek a remedy which
shall improve the present unsa tisfactory
calditions in this great factor of western
development. Whether a practical rem
edy can be found ard made effective so
as to secure desired results is a question
hard of solution. In the establishment OF
law and rules of society. individual nat
ural rights are relinqufshed voluntarily
in order THAI a measure of uniformity
may be reached by which all may be
benefited and protected and all legisla-
ries with it the idea of sacrifice on the
part of the governed in order to make
such legislation effective. To, establish
uniform irrigation laws which snail apply
to the entire arid west, the rights of
many individuals which have been Sc
cured by reason of too liberal provisions |
happen to reside. or by the absence of |
all irrigation laws or through other |
causes, would doubtless be encroached I
upon by the formation of a general sys- |
TEN which might demand concessions |
from one state to meet the requirements |
of an adjoining one. In fact there might |
and doubtless would be entire commune |
ties called upon to make sacrifices in |
order to establish a general law or sys- !
tenn for the good of ali. But the number |
Of persons who might suffer at this time, /
or at some time in the immediate future.
by reason of changes which might be
necessary in the laws of the state in
which they live, is infinitely small COM
pared with the number who suffer from
the imperfections of the present system,
Or with the number who would have TO
make concessions from acquired rights
should action be deferred for any con-
siderable time. Consequently the earlier
an earnest effort is made to effect a
radical change in the direction of reform
Ind toward the establishment of a gen.
sral system of water rights law in the
irrigated regions of the country, the less