Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-28
AN ALL.IMpoRrANr oUEsrl ON

The discussion in the irrigation con-
vention over the action Of the courts OF
This state brought TO the front some
facts that are well worthy the alten-
lion Of all persons interested IN the
question Of water rights. state Engln-
Ger Doremus exhibited thorough ac-
Qualntance with the situation ana the
needs Of water. users, and IN his state
meht about the lnsufliciency OF the de-
clslon Of the courts, we do not think
he Intended to make any attack on the
judiciary. but rather to show the need
of some definite legislation to settle the
questions that are continually arising'
and on which even the courts cannot
establish a inality,
Judge Johnsons defense Of judicial
siecisons as 20 water-rights was doubt
less based upon facts. But he did not
maintain, a. some delegates seem 20
imagine, that even those decisions put
an end to litigation II is not claimed,
even by the Judiciary we believe, that
courts are lnfallible aud never make
mistakes. They have to decide ques-
lions Of law and Of fact In water-sults
according to their best judgment, on
the evidence presented and the sta
tutes and precedents that are cited In
each case. They are human and there
fore 1t is possible that they sometimes
fan into error. II this were not SO
there would be no need for courts OF
appeal, and even the highest tribunals
have been known to reverse their own
conclusions, but being composed
usually Of the best available talent,
they are as likely TO approach perfec'
ton as is probable in falllble human
nature.
Water disputes are very different IN
many respects TO contentious about
land. The latter are comparatively SIM
pie. A deed OF conveyance defines eX-
actly the dimensions and situation Of
the real estate sold or granted. The
grantee obtains absolute ownership OF
hxed measurement Of the soil. Bat
the right to water Is not either abso-
lutte or so clearly defined Approprla-
tors are only entitled to the beneficial
use OF the water, and this leaves open
10 many questions that disputes are
likely 10 arise which, even when de-
rided upon by a competent court leave
q loophole for further contentious
This is not the fault OF the
courts but is condition associated
With each case, Every new attempted
appropriation OF the water from a ma
tural source OF supply brings up fresh
questions to decide, and all that can be
reasonably expected In jusiclal decl-
BlOns Is to confirm TO appropriations,
such portion or portions of natural
sources Of supply az the evidence ad-
duced justlnes. The fluctuations in the
volume Of streams, the increase and de-
crease OF their flow, the claims for Sec
ondary and subsequent uses and other
complications are not likely to be
sverted. particularly while the needs
FOR water Increases and the supply
continues to be- inadequate
Even IN mining litigation, the deci-
sIons Of courts become subject 10 criti-
rism and to further judicial inquiries,
Yet they can be made more definite and
probably final than cases Of disputed
water rights for the reasons that We
have mentioned and others that might
be cited. They are usually very expen'
slye, and even when they appear 70
have been fully settled new questions
Brse and further litigation is the con
Sequence, and that not through any
fault Of the courts nor defect In tht
opinions rendered The uncertainty
arises through mining operations anJ
rights, which are different from thos,
attending the titles secured and fixed az
20 ordinary real estate.
The convention now assembled can
not be expected TO devise measures tha
will cover an the requirements of thD
water question They can do little NOR
than take military steps In the desire
direction, and We think the formation
Of the committee proposed by Delegate
q. p. Miller is likely TO do much towar
the adoption Of plans on which "a NOR
definite irrigation system can be based
The subject win have 10 Do investigate
and the needs OF the various parts o
the state dependent on irrigation vii
have to be studied, and such Legislation
recommended and prepared as win b
adapted to present conditions, with al
eye to future emergencies. Even thef
It IS scarcely to be expected that all dit
acultles win be removed and an con
tantons ended, II is a complicated mat
ter. and It cannot be satisfactorily set
lied without a spirit Of mutually and
ieslre for the common good while
must be placed above individual an
selfish interests
a.