The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-12-06

Whatever the nation does for the ex-
tension of irrigation should harmon-
ize with, and tend to improve, the con-
dition of those now living on irrigated
land. We are not at the starting point
Of this development. Over two hum
bred millions of private capital has
already been expended in the con-
struction of irrigation works, and
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 be
said in reference to the laws relating
thereto. The security and value Of
| the homes created depend largely OF
the stability of titles to water; but
the majority of these rest on the IN
certain foundation of court decisions
rendered in ordinary suits at law.
With a few creditable exceptions, the
arid states have failed to provide for
the certain and just division Of
streams in times Of scarcity. Lax and
uncertain Jaws have made it possible
to establish rights to water in excess
of actual uses or necessities, and
many streams have already passed
into private ownership, or a control
equivalent to ownership.
Whoever controls a stream practi-
cally controls the land it renders pro-
| ductive, and the doctrine of private
ownership of water apart from land
cannot prevail without causing IN
during wrong. The recognition Of
such ownership, which has been per-
mitted to grow up in the arid regions,
should give way to a more enlighten-
ed and larger recognition of the rights
of the public in the control and 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 in 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 to
the public, is open to all the objec-
tions which apply to giving away per-
petual franchises to the public util-
tiles of cities. A few of the western
states have already recognized this,
and have incorporated in their consti-
buttons the doctrine of perpetual state
ownership of water.
The benefits which have followed
the unaided development of the past
justify the nations aid and co-opera-
ton in the more difficult and import
ant work yet to be accomplished.
Laws so vitality affecting homes as
those which control the water supply
will only be effective when they have
, the sanction of the irrigators; re-
forms can only be final and satisfac-
tory when the come through the en-
, lightenenment of the people most con-
cerned. The larger development
which national aid insures should,
: however awaken in every arid state
!, the determination to make its irriga-
: ton system equal in justice and eff
!. f%ectiveness that of any country in
: the civilized world. Nothing could be
!. more unwise than for isolated com.
: munities to continue to learn every
: thing experimentally, instead of profit
= ing by what is already known else
;, where. We are dealing with a new
! and momentous question, in the preg-
! nant years while institutions are
= forming, and what we do will affect
not only the present but future gen.
erations.
Our aim should be not simply to re.
lain the largest area of land and
provide homes for the largest number
Of people, but to create for this new
: industry the best possible social and
4 industrial conditions; and this re.
quires that we not only understand
s the existing situation, but avail our.
selves of the best experience of the
:. time in the solution of it's problems
. A careful study should be made, both
! by the nation and the states, of the ir.
!, = rigation laws and conditions here and
abroad. ultimately it viii probably
be necessary for the nation to coop.
= crate" with the several arid states in
proportion as these states by their
, legislation and administration show
. themselves fit to receive it.
y THEODORE ROOSEVELT
. White House, Dec. 5. 1901.