The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1902-12-26
ASSISTANT STATE EXAMINER ON
IRRIGATION LAWS.
ADOPTION OF CODE
Declares Present Statutes to Be Fund
amentalIy Bad-Changes He
Would Make.

A ChC lilly OId"o "a S1 io1 l1C
legislature to assemble the discus
sion concerning the necessity of
changing pr amending the state irri-
cation laws is growing more animated
and interesting. Apparently a large
number of persons are Of the opinion
that something in this regard should
be done, and, as usual, where SO many
are interested seemingly no two peo-
the changes all concede should be
made in order that the greatest good
to the greatest number may follow.
Almost every newspaper has made
suggestions and offered advice, but
the same wide divergence of ideas e
lists between them as marks the opin-
ions and beliefs of the other fellows.
Among those who consider them
selves competent to advise is T. H.
Ray, assistant state examiner. He has
submitted a report to Governor
Toole ,as supplemental to that of the
arid land commission. His report,
however, is to be published separate
ly. 1t is not so much a discussion of
the benefits all admit irrigation will
inure to the state, as it is a disserta-
ton on the changes in the laws per-
tanning to water rights which the gen.
tleman thinks should be made at the
coming session of the legislature.
While making this the principal sub
ject of his report, he pays not a lit
tie attention to George H. Maxwall
of the National Irrigation association,
and particularly to the contents of
the letter Mr.. Maxwell wrote to- Sen
ator Gibson and in which the great ir-
rigator had much to say concerning
his views of the subject of changed
laws.
Mr.. Ray seems to accept it as a
truth that neither stock raising nor
mining is likely to increase to any
great. extent in the state and declares
that the future of Monana is depend
ent almost solely upon agriculture.
He passes from this to the lax irriga-
ton laws of the state and says:
Conspicuous Examples.
"Since 1896 Montana's irrigation
laws have appeared in government
reports as conspicuous examples Of
bad laws, but as yet nothing has been
done to remedy them and today these
faulty laws operate against our OBJ
tanning national aid. + II + Remem-
bering that Is states are to partici-
pate in the benefits Of government
funds, Montana ought to Immediately
enact IN irrigation code %embodying
the recommendations Of the govern
ment. Until done, there is great dan
ger that rival states will successfully
urge withholding from us and spend
ing on their projects because of bet
ter irrigation laws.
"We ought not to depend entirely
on national aid. Our Indifference to
all the other opportunities for growth
by irrigation should cease. At pres
ent other states, possessing less
natural advantages than Montana,
have each under irrigation hundreds
of thousands of acres of more land
and far surpass us in agricultural out
put. Not until We remove the haz-
ards and obstacles due to bad laws
and make irrigation investments as
safe and inviting as rival states can
we hope that capital will look with
equal favor upon u.s."
Fundamentally Bad.
He declares Montana's irrigation
laws to be fundamentally bad and
cites many instances in support of his
declaration. During the current
year." he says, there has been water
right litigation before the district
court in 20 counties, the number of
cases ranging in each from one to
IA. Such litigation is now pending
40 - SouiiSlCOy IL Olli VI WlllCu are
as many as 10 cases. Water cases
are reported as increasing by IL coun-
ties. A case pending in Silver Bow
has &c defendants; one in Carbon has
40 defendants. and involves all the
water rights on Rock creek In Car
bon county a large percentage of the
criminal cases and two-thirds of the
civil cases are water and ditch con-
troversies.
Data furnished me by the county
clerks show that there are 26, 646
water rights now recorded in Mon
tana. Many of these have been aban-
doned; a very large number are in
definite; others have never been