Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1902-02-27
THE GOVERNOR ON IRRIGATION,

The opening address at the irrigation
convention BY Governor Heber NJ
Wells, which the Deseret News pub
l'shed In fun on Wednesday evening,
was pregnant with good thoughts and
practical suggestions, for the consider
alton OF the gentlemen assembled to
deliberate upon measures for the bene-
ut of this state.
IL is conceded by all persons who
have Investigated the subject, that ad.
Vanced methods are necessary FOR the
increase OF the water supply, It's stor-
axe and Its distribution. But all are
not agreed an to the most feasible and
equitable methods TO bring about the
needed improvements. The Governor
alluded TO the failure OF attempts to
procure local legislation on the subject.
In consequence Of what he described
as fear and trembling" on the part OF
legislators and OF the press. on this
point the Governor said
1T is not infrequently that the press,
In dwelling upon the various subjects
demanding attention at the hands OF
assembling legislatures, has seen tit 10
sound q note of warning that when II
came to the subject of Irrigation the
lawmakers ought TO 10 slow-that per-
maps, lnasmuch as the matter was
fraught with such enormous conse-
guences to the people, and particularly
To the original appropriations OF
water rights, II might be better after all
to leave conditions pretty much IA
they are; TO let well enough alone etc.
Indeed 80 high has the feeling run az
times, when new laws have been pro.
posed, that II has not been uncommon
TO hear such remarks made By old and
otherwise law-abiding citizens a. that
II the legislature should undertake 10
legisatc their water rights away they
would have no hesitancy In shoulderlng
their muskets and taking the law into
their own hands, II may as well be
confessed that while all OF us have
sensed the necessity OF doing something
70 improve existing conditions, none of
us have known exactly the thing to
90. The result has been confusion.
lawsuits trouble and expense
The fact referred TO by the Governor
cannot be fairly disputed. But we
think there has been ample cause for
The hesitation exhibited by the trainers
OF our laws. and for the caution raised
by the press. At almost every session
OF the Legislature, both OF the Terri
tory and of the State, schemes have
been presented for measures which
would have been injurious, both TO in
dividuals and public and private cor
poratlons having vested rights to the
use of waters for domestic. agricultural
or manufacturing purposes. In not
a few Instances that might be cited,
individuals having personal ends
In view have been active, in urging
their particular plans with more or
less plauslbility and apparent public
benefit. But usually, they have not
been preservatlye of existing rights
and therefore were very properly de-
feated. II must not be forgotten in
legislation OF the kind desired, that the
Constitution Of the State contains this
provision'
'Artiole IL. All existing rights to the
use OF any OF the waters In this State
for any useful or beneficial purpose
are hereby recognized and confirmed"
In the same instrument the rights
Of counties, cities and towns in re-
spect to waters under their supervision
are also firmly established as follows
mo municipal corporation shall dl.
rectly or indirectly. lease. sell alien
or dispose OF any waterworks. water
rights o sources Of water supply now
or hereafter TO be owned or controlled
by Il; but all such w4erworks, water
rights and sources OF water supply now
owned or hereafter TO be acquired By
any municipal corporation, shall be
preserved maintained anh0pcrated by
II for supplying its inhabitants with |
water at reasonable charges, etc"
These provisions throw around the
municipal and private corporations
companies and individuals possessing
the prior rights Of appropriations
protective guard against any leelsa.
ton that may be projected which
would interfere with those rights or
eurtail them IN any degree. II such
measures as have been recommended
by some professional and other cham.
pions OF irrigation schemes had been
enacted by the legislature, they would
have occasioned expensive aud pro.
tracted litigation resulting in their
ultimate condemnation as unconslltu-
tional and void It was therefore pru,
dent on the part OF our lawmakers TO
hesitate when appeals were made to
them for such legislation, and eminent
iy proper on the part Of the press to
warn them against any ill-advistj
plans that may have been proposed
We now caution the convention as
sembled to discuss plans for he fu-
ture, against adopting any particular or
pot scheme that may have been devised
Without regard 10 the constitutional
we have cited. Our State
must stand on its own organic law,
and not upon that Of any other State
which may have adopted different
basic provisions, Our own conditions
100, must be taken into account and
,uch measures be recommended as are
suited thereto. That which may be
applicable TO other localities may not
u adapted 10 the situation in Utah It !