The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-31

as to try to enforce priorities across
state lines without some authorized
official to open and close gates. There
is now no United States or state law to
correct this need Some Wyoming ir-
rfgators along the stream have taken
advantage of these conditions. and in
order to avoid the enforcement of pri-
critics in Wyoming have built the
headgates of their bitches just across
the state line in Utah.
Mr. Brackons 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 overturning of con-
stitutional 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 undesirable, de-
plorable 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. Whether prac-
teal remedy can be found and made
effective so as to secure desired results
is question hard of solution.
LAS reform must in the main come
from the voluntary action of the States,
and as it is, without much question, the
general desire Of the residents of the
irrigated regions of the West that some
such plan of voluntary legislative pro-
cedure be tried in order that reform in
this important matter may be secured,
plan is suggested, which, if adopted,
may be the means of concentrating
uniformity of legislation upon water
right questions in the West Tt is that
the governor of each state and terri
tory in the irrigated region appoint two
commissioners, one to be the state or
territorial engineer, or the officer whose
position most closely conforms to that
of state engineer, and one practical irri-
gator, engaged in irrigation. The COM
missonerS are to meet at some con-
venient place within six months from
the time of their appointment and
formulate a system of irrigation laws
for each state and territory so repre-
scented, conforming as closely as may
be possible to a general code, varying
from this to meet local conditions where
necessary; the system adopted for each
state to embody general and uniform
methods Of recording, a general stand
ard of measurement of water rights
and general provisions providing for
adjudication of the waters of interstate
streams; and the system SO adopted
to be submitted to the legislatures Of
the various states and territories at
their next succeeding session, and rec
commended for adoption. .
while the adoption of this plan
might not be followed by immediate
and complete reform in the matter of
water rights legislation, it might pos
sibly be the stepping stone to such
reform. Annual congresses, such as
the trans Mississippi, the irrigation
and similar meetings, are held for the
purpose of influencing national legis
lation upon matters of general inter-
est to the West. 1t seems reasonable
to suppose that the recommendations
of convention composed of practical
irrigators and irrigation experts, upon
a question of immediate and vital i'm
portance to every state and territory
within the irrigation district, would
carry great weight with the lawmaking
bodies Of these states and territories.
1t is possible that but few of the
states would adopt the recommends
irons of such a convention. but great
advance will have been made in the
direction of uniformity when any two
contiguous states work upon similar
lines. employ uniform methods. and
provide for joint adjudication and APP