The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1902-02-14

If this estimated loss is too large,
tne volume taken in at the headgate
VIII be greater than the needs of the
land irrigated but if too small, irri-
gators viii suffer Excessive allow
ance for these losses puts a premium
on poor construction, hence data is
needed TO show what are reasonable
losses and TO prevent anything above
tnls. Where losses can be stopped. ap-
preparations should be cut down in or
/ der TO compel ditch owners to make
them economical water carriers. Losses
Wnlch cannot be stopped should be
provided for.
Along with the observations and ex-
perlments in the use of water has gone
a study of the laws and customs which
| control its distribution. This study
| reveals the fact that the development
OF irrigation law has not kept pace
with irrigation engineering or agricul-
turai practices. AS the need and
value OF water has Increased, engineers
and farmers have found ways to con-
! serve the supply and economic in its
use. But it is too often the case that
this increase in value has only added
TO the uncertainty as to titles. since il
presents greater inducements or temp
tatlons to those holding inferior rights
10 Try TO secure a larger share of the
supply.
The absence of tribunals for the final
establishment of water titles and the
lack OF public control over the divi-
SION Of streams puts upon the holders
OF the older and bette. rights the bur-
den OF protecting their interests either
oy force or in the courts. The greatest
need of irrigation is legislation, which
WIZ end this uncertainty and contro-
Nersy, but from the nature of things
such legislation is hard to secure. Con-
serVaJlYe legislative bodies are slow
10 act and they often have not the
information on which to base inteIIi-
gent action, even if they have the de-
sire TO do all that should be done. The
connecting views of appropriations of
wafer make 1t impossible 10 enact any
ehectlVe law which will not be strong
~ opposed, or which will not work
hardship TO some individual. The work
OF TINS office is limited to collecting and
puDilShlng information, with discus
slons by experts whose broad views en-
aole them to better interpret the facts
IMAM Is possible where details and local
interests obscure the general policies
which should prevail
studies of irrigation laws and Gus
toms have been made in connection
the arid states and territories. Compre-
henslve studies of irrigation laws and
customs have been made in California
ana Utah. A report dealing with the
agricultural situation in California has
Just been published. This study was
undertaken in response TO a petition
from the citizens of that state. in the
hope that a clear statement of existing
conditions would help toward the en-
actment of comprehensive code OF
irrigation laws.
Conditions Are Peculiar.
A similar study has been made in
Utah, and the reports of the different
observers are about ready for publica-
ton These reports will show that
titles TO water in that state are far
from being stable or secure. and that
there is urgent need of a cheaper and
simpler method by which they can be
permanently settled
The conditions found in California
and Utah are not peculiar to those
states. They are common to nearly all
the arid states. Their betterment is
the first step in the successful or the
complete use of western water supplies.
As has been said, the work of this office
cannot extend to the enactment of
laws. 1t must stop with showing exist
ing conditions, and pointing out rene
dies for the evils found. With this end
IN view the laws of not only our own
states but of Canada, Australia, Europe
and Egypt are being studied. in order
that the best lessons from the expert
ence of all the world may be within the
reach of those who must enact the
laws which viii protect and encourage
investment in irrigation enterprises.
An agent of the department is now in
Egypt studying the legal systems in
vogue there.
Not less important than the system
of irrigation laws is the character Of
the organizations which control the
water supply under these laws Irri-
cation is essentially a cooperative in
dustry. In its beginnings small bitches
were sometimes constructed by indi-
vidual farmers, but opportunities for
such construction are practically all
utilized. The large canal covering the
lands of many farmers is in most re-
naming cases the only possible one,
hence the existence of the industry
calls for organization and cO-Opera-
ton, and in most cases not only coop
Grafton of farmers, but of capitalists as
well. The problem to be solved here
is how TO secure returns upon the cap
-~stA III anu a. lAAC SdAlAC AlAltC
keep the land and water within the
reach of the poor man, the only man
who is seeking for a new home. This
problem has not been solved in this
country 1t is one which must be
solved before irrigation can go much
further.
Rights Given Companies.
In this connection it seems proper to
reiterate the views expressed in
former report on the subiectof water
rights The first step in future devel-
Opment should be to reach an enlight-
ened agreement regarding the true
character of these rights. The idea of
private ownership in water apart from
lsnd cannot prevail without crea ting
Institutions essentially feudal in char
acter. To give to companies or indi-
Viduals the control Of streams and
make the farmers who use them impose
IN private contracts, is To make the
water company the practical owner OF
the land it serves. and the irrigator and
farmer a tenant. \ proposition which
would contemplate turning over all the
land of the west TO private mOnopolies
and making those who have homes
upon it dependent upon these mOnop-
olies would not command popular sup
port, but the idea of private ownership
in water, amounting 20 virtual mo-
nOpoly Of this vital element, has been
permitted 10 grow up in some sections
or the west To a certain extent. II
has obtained recognition in legislation
and protection in judicial DEGREES and
decisions. Such a doctrine meets with
no favor in other irrigated lands. and
that ownership should not be vested in
either companies or individuals. but in
the land itself When this principle is
adopted. the control Of water is divided
Ike the control of land. among a null
titude Of DTOprietOTs; water monopoly
is impossible and no other abuse or in
Justice IS e.ucOura sed Years of eX-