The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-27
LET H LAWS STAND.

LET THE LAWS STAND.
A short time ago The Gazette ad
viseu chat no action be taken by the
present legislature to change the ex
listing water laws, recommending de
ferment for at least two years, in or
der that the people might have the
opportunity TO mere Thoroughly
familiarize themselves with the vari
GUS measures advocated by those who
believe the present laws to be faulty
1t was argued that while they may not
be perfect, the laws now in force have
answered the purpose for which they
were framed and that it would be the
part of wisdom to permit them to con
tinue until it had been ascertained
what the government intended to dc
in the way of putting into effect some
Of the different irrigation schemes
entertained in connection with the
reclamation of arid lands in Montana.
Now comes Mr.. Maxwell, executive
chairman of the National Irrigation
association, and advises the same
thing. He declares that 'the water
laws of Montana fit better with the
national irrigation act than do those
of any other state in the west" This
from such a source should receive
consideration.
Mr.. Maxwell has no personal inter
est in the matter, being prompted SOLE
ly by a desire to see success follow
the national effort making to reclaim
the vast areas of arid and semi-arid
| lands, reclamation of which is not pos
| sible in any other name In particu-
lar is he opposed to what is known as
the wyoming" system, which he says
in it's vital principal is antagonistic
to the policy of the national irrigation
law, as under lis provision control OF
| the waters possible for irrigation is
vested in the state, whereas the ma
tional law declares that control of
all public lands and the necessary ir-
rigating works shall remain in the
general government until such time as
the works shall have been completed
and the water diverted by them can
be turned over to the communities
which the act is intended to create.
In support of this he calls attention
to the last report of the secretary OF
the interior, who says: "The ultimate
operation and control of the water
must be left to the people who are de-
pendent upon this water for their
livelihood" This the advocates OF
the Wyoming" theory say is wrong.
They demand that the state shall
have absolute control of the water.
How we'll this works a be readily
understood by turning to a case so
close at home that almost everybody
is familiar with it. On the Grey Bull
river the state, Wyoming, has granted
water rights to the number of 300.
this including the tributaries OF thai
stream. The certificates were &C
cepted il good faith, the holders be-
lieving that they carried with them
the assurance of water ample for their
needs. Instead, however, it a
found when the test was made that
fewer than one-fourth could secure
water. thereby rendering the land
owned by the remaining ones practl-
sally valueless. Yet, the people OF
Montana are urged to adopt like laws,
being assured that they are far super
Tor to the ones we have and better
than those enacted by the general
government.
While private enterprise has not at
tanned it's limit, the truth is that the
PROPORTION of arid lands remaining
that can be reclaimed in thai manner
is comparatively small, when taken
into consideration with the immense
areas reclamation of which is posi-
| bic only with national aid. Hence 1t
would be folly to do anything at TINS
| time calculated to interfere with the
aid we expect anu uluSl nave AioAi 'HN
government if all the land is to be
placed under ditch and cultivation OF
it made possible. Only a short-slght-
ed policy would argue to the contrary
or urge the commission of that which
would result in inevitable injury to a
cause in which all are so deeply in
terested.
AS said by The Gazette on a previ-
Gus occasion. the time for changing
Ct amending the. water laws OF the
S ate has not yet arrived. Too much
is at stake to warrant experimental
ton and ahoua all the adantiQn of