The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1903-02-03

not be curtailed by the decisions of
the special tribunal because he is
granted the right of appeal to the dis
trict court.
8. When water rights are defined
and licenses granted to each proprie-
tor on a particular stream it will be
the duty of the administrative officers
to see that the flow of the stream is
equitably aportioned among the right
full owners.
9. According to the proposed law
each new appropriation of water is
carefully defined. Upon examination,
if found satisfactory, the appropriation
is given time to make the diversion.
When completed it is inspected and
if accepted a certificate of appropria-
ton is issued to the appropriation and
a copy filed for record in both local
and state Offices.
10. The government engineers who
are now making examinations Of pro-
posed irrigation works have nj author
ity to define existing water rights.
Each state is charged with this author
ity. Few, if any, government works
will be built in sections where unad-
justed claims to water are common.
The defects of the present law retard
the operation of the national law,
49, ~.1-zoo5 low, 4cc;c%e ~ h1y roroNu-
ing the chief difficulties.
Supervision and Control Necessary.
In such sections as Gallatin valley
tie need of supervision and control is
already keenly felt. In the dry sea-
son Of 1901 the average flow during
July Of the West Gallatin river neal
the canyon was 81 1850 miners inches.
, Practically all of this amount was
diverted. The maner of apportion.
ment was neither wise nor just. This
volume of water, which represented
an enormous value when reckoned
by the crops which it was capable OF
producing, should have been equitably
divided between more than fifty main
channels and afterwards into humid
reds of laterals and finally distributed
over nearly a thousand farms.
: In this case the difficulties were
made greater from the fact that none
: of the rights of those who claimed
water were defined. Many used more
! water than they needed in the hope
l that such use might establish a right
for a large amount. The result was
scarcity of water on many farms fol.
= lowed by partial loss of crops, and a
lavish use in other sections with &C.
! %companying waste of water which
converted good land into marshes. A
t few years hence when Gallatin valley
> has a larger population the water sup
= ply will be inadequate and the neces
sity for supervision and control i'm
Il perative.
Supervision and control may be ex
ercised in n of three ways, by com
y munities, by the state, and by the ma
y ton. The peoplpe of Utah tried com
y muniiy or district control as early as
1866, but it was only partially sue
cessful. In California it has been Civ
l en- a thorough trial under the Wright
district law. It's lack of success in
that state has been chiefly due to the
' inexperience and incompetenoy o.
Ithoca IN 01,orr0 Of 6icfysiafc or1 fhf
4 lack of wise supervision on the par
} of the state.
The farmers of Montana have beer
Il advised of late to unite and form
{ associations in each photographic
u drainage basin. These associations
when formed are to look for redress
to Washington rather than to the
o state capital. Those who have tried
and failed to induce ven a few farm
ers to unite and work together in har
mony on trivial matters will not Sc
n %riousiy consider a proposition of thi;
f kind.
The general trend of what might
be termed the evolution of irrigation
laws in the Rocky Mountain region
and in the west generally has beer
in the direction of public or state
control. Fourteen years ago, before
S the writer left Colorado, that state
had begun to exercise control in the
t division of water. Wyoming, imme
diately after gaining statehood, went
a step farther and created a specia
board to define and settle water
n rights. Nebraska followed in adopt
ing state supervision and control