Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1903-09-18
MORRIS BIEN.
Relation of Federal and State
Laws to Irrigation.

Mr. Morris Bien of the United States
geological survey spoke of THE Relation
Of Federal and State Laws to Irrigation"
lie said In part
"a discussion of the laws Of the federal
and state governments relating 10 ifrga-
ton discloses a condition which, Il not so
familiar would be very remarkable, VIZ,
that Of two distinct sOyereignties operat-
ing IN the same jurisdictions the goYern-
ment OF state and the government OF
the United Staots dealing Independently
with different subjects In the same To-
callty, and likewise with the same subject
In more or less distinct spheres OF action,
THE federal laws are simple and gem
eral, amounting to little more than dec
larations OF the two great principles un'
derlying the irrigation law frst, the doc
trine Of priority OF appropriation OF water
as distinguished from the common law ot
riparian rights second that the water
used for irrigation should be appurtenant
to the land upon which II Is used, Inc
former principle was incorporated IN the
federal laws In 1866 and the latter was
first distinctly announced IN the recent
reclamation act of June IL, 1902
THE state irrigation laws are based IN
general upon the same principles. and
range In complexity from the laws Of
California, providing merely for the ming
and recording of claims to water, TO the
system adopted In wyoming, providing
for the regulation. control and adjudica,
81
with final review by the courts.
"a general review OF the conditions OF
irrigation legislation shows very unsatis-
factory conditions In most of the states,
dent Roosevelt OF December, 1901,
THE work Of the government in the
reclamation Of the arid lands will bring
out the advantages and defects OF the
different systems of local laws, with the
result that the best lines of Improvement
will be developed
1.-THE operations Of the reclamation ser.
vice are national In scope and are carried
on with View to the best ultimate de-
velopment of the available water supply,
40 that state boundaries must necessarily
be dlsregarded, Accordingly the con-
fiictlng jurisdictions Of two or three SOW
ereigntles may be involved In these op-
erations. The courts have not yet dealt
directly with this subject, but they have
announced the general principle that the
control Of the waer is involved In the
ownership Of the land. and consequently
that, 80 far as public lands are concerned,
the control of the water must necessarily
remain with the federal government, 40
far at least as may be necessary for tho
beneficial uses of the government prop
orty. II IL not probable that any serious
difficulties will arise In cases whore the
operations Of the reclamation service deal
with interstate waters for the reason that
the aim in all cases Will be to make the
best possible use OF the waters, from both
an engineering and an economic stand
point, while the legal principles involved
are capable OF easy solution.
The community system OF MANAGEMENT
and operation, under the control of the
water user, with the guarantee of n re-
liable water supply, an indefeaslble water
right, and an Interest in the entire irr-
CATION system with the opportunity to
work out the highest agricultural de-
yelopment of the community, Is the ideal
Of attainment, The reclamation act Of
fers an opportunity for an advance to-
ward this ideal, under the auspices OF the
government 1t therefore behooves all
who have the best interests OF irrigated
America at heart to work In harmony
with the government along the lines of
operation OF the reclamation act, so care
fully modelled on past experience. toward
the attainment of this high standard Of
irrigated development"