The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1901-12-12

be set apart forever for the use and
benefit OF our people as 3 whole and
not sacrificed TO the shortsightsd
4 greed OF a few
The forests are natural reservoirs
/ By restraining the streams in aOod
/ and replenIshing them In drought tney
make possible the use Of waters
I otherwise wasted They prevent the
soil from washing. and so perfect the
{ storage reservoirs from filing up
I with silt Forest conservation Is
I therefore an essential condition Of
Z water conservation
The forests alone cannot, however.
I fully regulate and conserve The
waters OF the arid region Great
storage works are necessary TO equal
I ize the flow OF streams and 10 save
E the food waters. Their construction
Z has been conclusiveIy shown to be IN
undertaking too vast for private el-
fort Nor can il be best accomplish
ed BY the individual States acting a.
; lone. Far-reaching interstate pro-
blems are involved, and the resources
Of single States would often be In
adequate. II is properly a national
function. at least in some Of its fea-
lures. It Is as right for the National
Government TO make the streams and
rivers OF the arid region useful by
engineering works for water storage
as 10 make useful the rivers and har-
bors Of the humid region by engineer
ing works OF another kind The
Ernrfur Of no AnDd- In ~
the headwaters OF our rivers is but
an enlargement OF our present policy
Of river control, under which levees
are built on the lower reaches Of the
same streams.
The Government should construct
and maintain these reservoirs as it
does other public works. Where
their purpose is to regulate the flow
OF streams. the water should be turn
ed freely into the channels in the
dry season TO take the same course
under the same laws as the natural
flow.
Whatever the Nation does for the
extension OF irrigation should harmo-
nize with. and tend to improve. the
condition OF those now living on ir-
rigated land We are not at the start
ing point of this development. Over
two hundred millions of private CAPT
tai has already been expended in the
construction of irrigation works, ami
many million acres of arid land re-
claimed. A high degree of enterprise
and ability has been shown in The
work itself; but as much cannot he
said in reference to the laws relating
thereto. The security and value OF
the homes created depend largely
on the stability Of titles to water;
but the majority of these resi- on the
uncertain foundation of court deci-
sions rendered in ordinary suits at
law. With a few creditable exceD-
tons, the arid States have failed tc
provide for the certain anu Just divi-
sicn of streams in times OF scarcity.
lax and uncertain laws have made it
possible TO establish rights to water
in excess Of actual uses or necessities,
and many streams have alfcady pass
ed into private ownership, or a con-
troll equivalent 10 ownership.
Whoever controls a stream praeti- !
cally controls the land it renders pro-
ductive. and the doctrine of private
ownership OF water apart from land Z
cannot prevail without causing en- /
during wrong. The recognition Of /
such ownership. which has been per-
mitted to grow up in the arid regioas. +
should give way TO a more enligh,en-
ed and larger recognition of the rights
OF the public in the control AMI dis
posal Of the public water supplies.
Laws founded upon conditions obtain
ing in humid regions. where water
is too abundant to justify boarding
IT, have no proper application ia a
dry country.
In the arid States the only right
TO water which should be recognized
is that OF use. In irrigation this right
should attach to the land reclaimed
and be inseparable therefrom. Grant
ing perpetual water rights to Others
than users, without compensation 10
the public, is open to all the objec-
tons which apply to giving utilities
OF cities. A few of the Western
States have already recognized this.
and have incorporated in their con-
situations the doctrine of perpetual
State ownership OF water.