Omaha daily bee., 1902-04-13
The IVERS & POND
Small Instruments

cult, because irrigators who have rights to
the natural flow get their water for moth
ing, while irrigators depending on the
stored supply must pay for what they re-
ceive. Both supplies will not be sufficient
to meet the needs of all irrigators, hence
the result will be that early appropriations
will get their water supply for nothing.
later appropriations by paying for it, while
still later corners, in periods Of scarcity,
must go without.
Different Plans Presented.
A better plan, because 1t would make
division simpler, would be to charge a small
rental for all the water diverted, making
no distinction between the natural flow and
that stored in reservoirs, and making q
higher charge in the months Of scarcity
than in the months OF abundance. II this
were done, and the money thus collected
used to pay for the administration Of
streams and the protection of vested rights,
1t would tend to prevent friction and con-
troversy, do much to prevent litigation be-
tween neighbors and promote a more
economical use of water. 1t would have
another unreasonable advantage-it would
place the public ownership of water before
irrigators in a form to be understood. The
pay mOul v d Ituldl " II WdlcI IGCNlNSdb
no matter how small, would give public
ownership Of water a tangible form. But
80 long as streams are diverted without
supervision It is natural that those who do
this should believe that they own what
they so completely control.
Must Avoid Discrimination.
Such a system would lessen the discrim-
nation which is now made between the
earlier appropriation. who now gets all the
water he needs at all seasons of the year,
and the later appropriation, who can only
share in what his more fortunate neighbors
cannot use.
The second reason why some of the COM
| pleted canals have not been fully utilized
has been the uncertainty over water titles.
In some Of the western states the construc-
tion Of an irrigation ditch means the be-
ginning OF an unending expenditure in lit,
cation over water titles. This has grown
out Of the lack of administrativ control
over streams. There has been no limit on
the number Of claims to water which might
be filed. or the number of bitches which
| might be built. AS all the users OF water
from a. stream depend on a COM
mon supply and as many Of the
claims to ownership are OF the
most extravagant character, growth in ir-
rigation has been accompanied by an equal
increase in controversy and litigation over
water rights. As this evil did not become
manifest until the first era OF canal building
had ended, it's effect has been most injurl-
ously felt In retarding settlement. The
remedy is the enactment Of laws which will
provide for the final establishment of all
existing rights and for the protection of
those rights by public ofncials.
State Against National Authority.
Some differences Of opinion exist as to
whether this should be done by the several
states or by some national bureau having
it's headquarters In Washington. The pre-
vailing sentiment is, however, in accord
with the conclusions of the president and
secretary Of agriculture, that the reform
of irrigation laws and the administration
OF streams within states should be left to
the state authorities. Speaking Of this, in
his last report the secretary Of agriculture
said:
Reform in irrigation laws will be anal
and satisfactory only when it comes
through the enlightenment Of the people
most concerned. In a matter so vitality af-
feeting the home as the control Of the
water supply no legislation will be effective
which has not the sanction OF the irrlgators
| NuGmeGAhNos
The ACKNOWLEDGEMENTS bill is in &C.
cord with this view. 1t provides that state
laws shall govern in the distribution OF the
water supply. requiring, however, that
rights to the water made available by the
government shall attach to the land which
II irrigates.
dyantaEes to Accrue.
The last Ave years have seen a great
awakening in the western states in favor Of
more effective water laws. The Water
and Forest association OF California, the
Irrigation association OF northern Utah, and
a recently formed association Of irrigators
in Montana have this for their primary pur-
pose.
Reform OF the land laws is also needed
both TO promote the utilization Of existing
canals and the building Of new ones. The
present land avs are a misht. They pro-
vide no management or eentrol for the 400,-
000,O 900 acres Of public pasture land which
can never be irrigated. The result y
that these lands are diminishing In value