The river press., 1902-12-31

enact an irrigation code embodying
the recommend ations 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 better
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 the
present other states, possessing less
natural advantages than Montana,
have each under irrigation hundreds
of thousan of acres of more land and
far surpass US in agricultural output.
Not until we remove the hazards and
obstacles due to bad laws and make
irrig alton investments as safe and in
viting as other states can we hope that
capital will look with equal favor
upon us.'
He declares Montana's irrigation
laws to be fundamentally bad and
cites many instances in support of his
decl alton. During the current
year, he says, there has been water
right litigation before the district
court in twenty counties, the number
of cases ranging in each from one to
fourteen. Data furnished by the
county clerks show that there are
26 GAG water rights now recorded in
Montana. Many of these have been
abandoned; a very large number are
Indefinite: others have never been
proved up, and many more conflict
with other claims. The first step nee.
essary to bring order out of this
chaos is an adjudication of all record
ed claims.
'There is urgent need for an irriga.
ton code and administration of it tn at
will produce the greatest good0to the
greatest number TO accomplish that
the code should
IN AXE the water of all natural
streams, springs, lakes, ponds or 9th.
er sources within the state bound aries
the property of the state, subject to all
existing rights to the use thereof, and
vest its control in the state.
'Permit this water to be obtained
by companies or individuals or the
national government for use on com.
pliance with the provisions of the law.
'Prevent speculative filing on water
hereafter and make void all such past
filings; i. e., must restrict rights to
beneficial use OF the water appropri.
ated.
"Give the individual or company
acquiring water for irrig alton or 9TH
er purposes clear and in disputable
title to such water.
"Protect the holders of these rights
in the exercise of such rights, by the
assistance of state department..
"Require disputes or complaints re.
garding the diversion or use of water
| to be referred to and settled by state
officials charged with the administra-
tion of the irrigation code.
"Prevent water waste and encOur.
age its economical USE
Mr.. Ray has prepared for the cou-
sideration Of the legislature a bill be-
| lieved to be calculated to cure many
of the defects in the states irrigation
laws. The law proposed embodies
mostly the Wyoming law, the irriga-
tion law recently recommended by the
California commission, and some pro-
visions from the Northwest Terri
tory's code. 1t is the general purpose
of the bill to foster every legitim ate
etfor to increase the irrig ated area,
to contine appropriations to benetcial
uses, check wastefulness, guard the
rights of the national government and
of the state, of individuals and cor
porations, ascertain and record these
rights and create board TO adminis-
ter the law.