Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-07-18
Tfoh The Birthplace of
ICflI American litigation.
Return to First Principles and What Mormon Expert
ence Should Teach Caliiornlens
nunnnr ,nh

ACKNOWLEDGEMENTS JuuUuuuuuuuu
That Utah is stu looked upon as the
forerunner and pilot on matters per-
tanning to irrigation and the reclama-
tion OF barren wastes IL made plain by
the following editorial in the San Fran
cisco Chronicle OF Sunday last:
The department OF agriculture has
just issued the report upon the irrlga-
ton laws and customs Of Utah II con-
talns the facts disclosed by an investl-
cation conducted during 1902 under the
direction Of Professor Elwood Mead. 1t
was IN Utah that men OF the races Of
Northern Europe first dealt upon their
own account with the problem of lrri-
cation with no guide but their own
ingenuity. sharpened and directed by
the pressure Of necessity. the early
Mormon" settlers achieved remark
able economic success. As the power
OF the Mormon Church gradually
grew less and law usurped the place Of
common sense, troubles began precise
~ like those which have impoverished
so many rrigators IN California. Now,
and without waiting for universal cal
amity to drive them. the people OF Utah
have returned TO first principles by the
enactment of a law substantially like
that which our own legislature refused
even to consider The lesson for Cali
fornians To learn IL that peaceful and.
therefore, profitable irrigation Is posi-
BILE only under the supervision Of a
strong administrative authority and
that the unit Of administration must be
the stream and not the political dlyl-
sion In the early history Of Utah the
Mormon Church provided the admin
istratlye authority. and there was peace
and progress With the coming Of the
Gentiles the authority Of the courts SUI
perCeded the authority OF the Church,
and chaos followed as II always must
follow the attempt Of courts 10 admins
ter an irrigation system. Now the peo-
pie Of Utah have created a state en-
gineer The state Of Nevada has done
the same thing, as have, we believe, all
or nearly all other states In which irri-
cation problems are pressing. In Cali
fornla chaos sim reigns The story
Of the Utah experience Is told In an in
terestlng way In the detailed reports ~
the field agents who made the nyesti-
khAlDils I Ut NNiulllt II Nplu ny AN' hhN~
eminent for Sll0, and should be OBJ
tanned and compared with the report
Of a similar investigation conducted
under the same direction In this state
and published as Bulletin No. 100"
Bulletin No 100. published In 1901,
was the report Of a series OF irrigation
Investigations conducted In California
during the previous year, upon petition
and partly at the expense of citizens of
this state. Its main object was 10 OBJ
tain an authoritative statement Of the
causes Of what the petition called the
appalling litigation over water rights
In California, with the CONSEQUENT losses
TO farmers and investors and resulting
stagnatlon OF enterprise IN the greater
part Of California. The report described
conditions on several typical streams
exactly as they were found. and cree
ated sensation, II was plainly seen
that under conditions as they existed
the man who diverted water for irri-
CATION was sure OF a lawsuit whenever
water should become scarce, because
alleged "titles'to water could be secured
by any man at any time which might
or might not prove Of any value but
which would certainly be established, II
possible.
As a direct result OF this inves iga-
ton and by the efforts Of the Califor-
MIA Water and Forest association.
commission of experts and eminent cite
Gems was created. which, after long
and patont study proposed "a bill based
ON the experience gained from the prnc-
tlsc Of irrigation On AN parts of the
world Up TO this point. Js usual Gait
fonlans were united when something
was 10 be- torn down there were h'lp-
ing hands from an quarters But Whtn
something was e. Doc built uu Jil effort
for prompting common caus VAS
abandoned. and those who had uusal-
Gehy been giving of their time ana wise
dom for the general good were g { urOn
as II they had been so many dpsi-uins
yill0Ms. a more contemplate campaign
OK falSchood SANDER ANA vicious ih-
tnruc was never carried on auyWhgtS.
And 10 was successful The h.u 200
carefully prepared bv such CumEtaut
meg vas not even considered by the
legislature. AZ a result our rig lion
laws st.nd precisely as they were des-
crbcd boy citizens OF Califowti u 100
q disgrace TO any civilized community,
not only inviting but assuring l.tiH-
tlor over the waters ot every stream
! in the state whore liticltl0n has not
already exhausted itself
The essence Of the bin proposed hy
t'c commission WAS the declaration OF
title Of the state to all flowing waters.
the recording of an existing rights O.
the use of water in r. state office The
granting of future rights boy state
authority. and, only after 1syer.
| liniug that there was uuap.
proprMttd water To b. grant.
od making beneficial use ihp natsUt
aud limit OF all water rights M. ut-
wChment Of an water hereafter granted
| 90 some definite tract of iaud ds tn
! gppurtonant thereto. ipallcn bl0 cx-
| c0It by due process oi Las ana the
| consent of the Administrative authority.
| and administrative supervision by thc
state Of the distribution of Netsr iu
] accordance with the rIgh 90 It's use.
II was fought boy those now p POSSES So
| zion of water, or houirc 90 uoss SIS 20.
/ md who were determined to submit 90
| mo- control by anybody THE monty for
I Che hght was contributed tv.thit class.
aud the diseracefu work vista done BY
their paid agents directed from a dis
lance by secret emissary of-the trans.