The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1899-06-27

the stream be fully developed. But such works ar ordinarily very ox
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
mat 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, 1T ii 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
Inc same argument, in a less degree, applies to corporate management
OF these works In the matter of financial requirement the problem
Less the investor can control the most elusive Of all forms Of property.
ann,; owner must w not only control the source Of supply, but the place Of
mune1ative 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
torna 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 Of financial failure which has accompanied them, and the inter-
mlnahe 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
structed under some sort of public control. When it comes to other sec.
tions Of the country the conditions would be still more untavorable. 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 Sc far that it would be impossible to control them all.
The matter Of private r corporate construction of these storage works
is therefore seen to be one of very doubtful practcabiity from a financial
view alone, while in neither case is 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. It is 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 has 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 exeted in favor of the opposing doc
tine, it has not yet yielded in a single point. It is clear that this prn-
cpe can best be promoted, so far as stored waters are concerned, by hav-
ing the storage works public property. Their construction by private
agencies is hardly separable from the control and disposition Of the water
as a commodity.
streams, it is thus seen, can not be expected through private agencies.
1t must be accomplished through some form of public control.
IRRIGATION DISTRICTS.
Irrigation districts would seem theoretically to present very MANY of
the advantages to be expected from the public construction of storage
works. They are designed to enable the residents of a particular Sec
ton of country, which is naturally watered by common stream II source
OF supply to organize for mutual promotion Of irrigation enterprises in
the development of its lands. As e%xemplfed by the celebrated Wright
law of California, such a community, by complying with certain condi-
can form a district, issue bonds, construct reservoirs, bitches, and
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
to territory in which the interests to be promoted are as similar as
'an possibly be secured. The law is, a priori, an admirable invention to
a public administration of irrigation works, and is one from which
results would naturally be expected.
But the history Of the measure has thus far been distinctly the reverse.
districts were lnJudlclously and even fraudulenty created. Works were
entered upon without proper professional information and were fire.
luently found inadequate to the uses required of them. In many cases
visionary and worthless projects were put through at the instigation of
contractors and promoters, who expected to profit thereby. Some dis
riots were formed where the judgment of a majority of the property own
was against it, and in many other respects the operation Of the law
vas almost a disgrace to the State. The irrigation bonds of course quickly
esponded to the influence of the system. They deprecated in value,
0 that disposition Of them was impossible on any reasonable terms.
tagnation OF work ensued, and many districts were left with a heavy
onded Indebtedness, a first lien upon the lands, and no irrigation works
0 show for it. The system has been emphaticaly q great disappoint-
nent in it's practical workings thus far, and although the correction Of
ONE Of its obvious defects will improve it's operations in the future, it
ill not be easy to rehabilitate it in the public confidence.
But it is clear that however much the district system may be improved
its application to distribution works, it can not develop a compre-