Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-08-27
CHOOSE THE RIGHT MEM


A correspondent In the south wishes
the Deseret News to draw the attention
OF the voters in this State TO the me-
cesslty Of choosing for members Of our
Legislature at its next session, men
who viii be truly representative of the
people and who will act in their inter-
est. and enact such laws as can be
clearly understood without leaving SO
many loopholes for litigation as may be
found In some of our statutes,
One Of the most important subjects
for legislation, as he views It, Is the r.
rgation problem The establishment
OF primary water rights in such way
that they can be maintained without
continual resort TO the courts, is one
feature Of the subject that he considers
OF great Importance. These rights are
frequently Invaded by the construction
Of canals and water ditches higher up
the stream from which the primary wa
ter users take their supply. New reser-
yoirs also are constructed and water Is
taken to I'LL them without any regard
TO the needs and rights Of the owners
below. He claims that the only remedy
under our statutes is an expensive law.
suit with the frequent result that the
difficulty IS not ended even then.
The great question raised by this and
kindred complaints is what can be
done to afford an efficient remedy,
which VIII bring final settlement OF
existing rights and protect water users
IN their lawful claims without invasion
and robbery? II will be remembered !
that several measures were introduced
at the last session of the assembly, but
neither OF them was considered sufi-
Gent TO meet the difficulties that have
arisen In our irrigation affairs
one source Of trouble in our legsln-
ZION on water supply and distribution |
IS that so few of the gentlemen select |
ca by the people to make laws for the
state are thoroughly acquainted with |
mis- Important subject Our correspou.
dent thinks there are usually too many
lawyers in the Legislature. and he nm.
charitably expresses the opinion TINT
they have an eye to the benefits 10 their
fraternity flowing from litigation. than
70 the enactment of measures so word.
ca that there can be no fair dispute as
- N. -.
20 their meaning. We think his mind is
little warped In that direction. and
mat his criticism Is somewhat uni,s, m
'ne lawyers. But we regard his rec.
ominendation to the people Of Utah an
70 the choice Of their representatives NJ
'ne coming session as worthy Of their
consideration.
IN the various irrigation proiects
championed By some OF our Legislature
ana Others. there has been a strong
disposition to adopt measures thai have
seemed to work well in other states
This may be all right to a certain OK
tent but the situation In Utah ord
mat in some other places Is different
ana a system which might work wei
there would not be applicable here
Our Constitution contains provisions
mat must be kept In mind in all lerls.
iaiion on water affairs One Is.
an existing rights to the use Of any
o. tne waters in this State for any use.
lui or beneficial purpose are recoenIzed
and confirmed" ''~''
They cannot be abrogated Or turned
over TO the control OF any public Off
GER or commission. In endeayors to
provide means by which litigation on
water rights may be avoided. tho very
Evil sought to be averted may be.in-
creased by injudicious plans. which do
not take into full consideration the
powers conferred on the courts Of the
state They are the final tribunals for
legai settlement no matter how many
or other bodies may be an
pointed 20 act in their stead.
me Irrigation problem Is knottv
question to solve. 1t REQUIRES prae-
lieal minds and also legal ability TO
egislate upon It satisfactorily. sun
Il appears to RS that measures might
BE devised which win secure to every
water user the means TO prove his title {
IS definitely and clearly as his title 10
and. and to protect him in his rights !
against all cncroachments.
IL is true that absolute ownership
4 water cannot he acquired In the same
way as ownership Of land. the reason. I
bile use" OF water being all that can I
v legally acquired. But II the sub
ect Is given serious attention, taking !
nto view the peculiar conditions OF d
Inherent localities In the State. and r
efficient time is employed in prepar. r
ng suitable laws. We are Of the opinion A
hat legislation may be obtained. which I
'ill meet all the requirements OF the v
Ituation, and prevent to very large n
ztent the troubles that have grown 4
at o. our Incomplete system. which a
nswered very well. perhaps. In the a
lrly settlement Of these valleys. but Il
hich Is now insufficient to meet the a
emands Of the present. u
II Is not to be expected reasonably IL
hat body Of men coming together Il
tthout preparation, from different re
arts OF Utah, selected for personal or "a
arty reasons without special adoption HI
c'the work in view. will be able to dh- b
ayel the tangle that exists over our le
irrigation affairs and present a system II