The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1902-04-09

WltndraWn when, in his judgment,
such lands are not required for the
purposes of irrigation; and also to
provide that the secretary be directed
and authorized at or Immediately
prior to the time of beginning the
surveys for any contemplated irriga-
tion works to withdraw from entry
except under the homestead laws any
public lands believed to be suscepti-
BILE of irrigation from the proposed
works, provided also that all the
land entered under the homestead
law within the area so withdrawn
during such withdrawal shall be sub
| ject to all the provisions, limitations,
charges, terms and conditions of the
| irrigation law.
| 1t is proposed to change section
five of the senate bill, which treats
of the sale of water supply created
by the government to private land
owners. The senate bill says:
mo right to use the water for land
in private ownership shall be sold for
a tract exceeding 160 acres to any
one land owner"
Those who wish to prevent the
evasion of this provision and the alb
sorption of all the water rights by
one owner want this clause amended
so as to read:
mo right to the use of water for
land in private ownership shall be
sold to anyone but the actual, bona
|
land or for tract exceeding 100
acres to any one such land owner"
Section six of the senate bill, as
it now stands, provides that the title
to the reservoirs and the works nee
essary for their protection shall re-
main in the government until other
wise provided by congress. 1t is pro,
posed to amend this section so as to
provide:
THAT the title to and the manage
ment and operation shall remain in
the government until otherwise pro-
vided by congress"
Having provided that the land shall
be reserved for actual homebuilders
that the water once conserved by the
government cannot be absorbed by
spectators, it is also proposed to
change section eight of the bill, I'M
der which, as it now stands, the
United States government could do
nothing but spend money, and have
no authority to see that the benefi-
cent purpose of the expenditure was
carried into effect. Section eight of
the senate bill, as it now stands,
reads as follows:
THAT nothing in this act shall be
construed as affecting or intended to
affect or to in any way interfere with
the laws of any state or territory re-
lating to the control, appropriation
use or distribution of water used in
irrigation, but state and territorial
laws shall govern and control in the
appropriation, use and distribution OF
the waters rendered available by the
works constructed under the provis.
ions of this act; provided that the
right to the use of the water acquired
under the provisions of this act shall
be appurtenant to the land irrigated
and beneficial use shall be the basis
the measure and the limit of the
right"
4 Those who are opposed to any con
t1ict between the government and the
state in the matter of national irri
cation enterprises, among whom may
be included President Roosevelt, as
he has so emphatically stated, believe
that section eight of the proposed ir
rigation bill should read as follows:
} THAT nothing in this act shall be
} construed as affecting or intended tc