The San Francisco call., 1901-12-17
IRRIGATION LAWS.

- NE of the most serious problems the Amerl-
can people will have TO solve in undertaking
~ to provide irrigation for the arid and semi
ARD lands will be that OF deysng proper irrigation
laws and putting them into effect without doing in
Jury to existing rights or involving thousands OF
tiers in vexatous and costly law suits That fact is
emphasized in the report of the Secretary OF Agricul
ture, and it viii have be carefully considered in
devising any comprehensive and scientific scheme of
irrigation either by Congress or by State Legsla-
Fhe confusion of ouI irrigation laws is due to the
fact that the Western States and Territories have
beer settled by people from the East, who brought
with them the ideas which have prevailed among
Anglo-Saxons from time immemorial concerning
riparian rights The old customs and laws were ex-
cellently adapted to conditions which prevail in Great
Britain and in the Eastern and Southern States
where there is an abundance of streams and nearly
always ample rainfall all seasons of the year. They
are utterly untitled however for arid countries and
their application here and in the West generally has
been hurtful.
Defective the irrigation laws are in many ways
and injurious they in almost every way, large
vested interests have been acquired under them and
they be lightly aside. In his report the
Secretary OF Agriculture says: 1T must be borne in
mind that we are not at the beginning of irrigation
has already been invested in the construction of irr
cation works The rights to streams already acquired
represent many additional millions The methods
and customs by which these properties are operated
and rights established the results of
an evolution local in character; hence they differ
widely in different States. An illustration of the sit
uaon which prevails is furnished by the South Platte
River and its tributaries in Colorado There are over
thousand separate and distinct rights to the waters
OF this Some OF these rights serve to rrigate
hundred farms Such division
is a complex and difficult problem II has required
nearly hall century for the people OF the section to
solve it and devise a working system.
1t Is question whether any appropriation which
Congress might make for the construction of add-
tiona works IN this district would not inAict more
injury than benefit if such carried with
il any disturbance Or interference with the existing
system"
Furthermore, the Secretary says If the States are
to control the water supplies there should be satisac
tory assurance that whatever is made available by
public funds should benefit the actual users of water
and not enrich the holders of speculative rights In
some States there is such assurance Those States
entitled to national aid because it is known from
present conditions that such aid would be clearly
beneficial But there other arid States where the
doctrine OF riparian rights eopardizes the success of
every irrigation work built as well as any works
the Government might build Whatever
aid Congress extends should be conditioned on the
enactment of proper irrigation codes by the States
and be made to promote the greater efficiency and
of such laws rather than interfere with their
operation"
AS these views OF the Secretary of Agriculture are
founded upon and justice it is probable thev
will prevail whenever any attempt made at provid-
ing national aid TO State irrigation Consequently
bebooves the people of the different States to begin
thinking how they best devise an irrigation code
which will stand the test which the Secretary recon-
mends.