Arizona republican., 1903-09-19
LAND AND WATER
CONTINUED from Page One.)

Continued from Page One)
development of the vast lies in The
wise administration OF the forest re-
serves. Not only can the present sup
plies of water be conserved by the
right handling of the forest but there
is no question whatever that in many
localities they may he largely in
creased. From this point Of view. Is
well as from many others. protection
against fire is the first duty of the
government toward the reserves.
Opposition to the forest reserve policy
has arisen chiefly from three sources
first. misunderstanding of the govern
| ment's policy in the creation OF re-
serves; second. vexatious and unnaces-
sary delays and restrictions certain -
disappear as the reserve management
improves. but fer the present a seriou
hindrance to the usefulness of the re-
serves; third. the sudden disturbance
of business conditions when 4 reserve
is created has sometimes in the past
ocasioned serious losses t legitimate
business enterprises. When. as some
times happens. the continued use Of IN
area set aside as forest reserve as It
BILE with the public interests. then. un-
less the public good absolutely demands
sudden action, which Is but rarely the
case. these private. enterprises should
be given time to adjust themselves to
the approaching change.
Wien ignorance of the objects of for-
est reserves disappears. opposition to
them disappears with it. 1t is crafty
ing in the highest degree that the op-
position TO the forest reserve policy
of the government at one time SO ex-
tensive and important throughout the
West has almost entirely disappeared.
The west Is. low practically united in
support Of the forest reserves DC
cas;onaily opposition still appears
where private interests or private de-
sirea conflict with the best good of the
people a. Whole. or where ignorance
ct the forest reserve policy Yet remains.
but general opposition t. that policy nc
longer exists in ary state. The senti-
ment in favor of the protection Of wa
ter and CT otkar interests of the west
through the protection Of its forests.
awaits but the adjustment Of few
differences TO b5c0me unanimous.
Tire gerVice of the government to
the west in the creation and mainten-
arcH Of forest reserves il gradually
coming to he recosGized as OF IN
paralleled. iinpol tarce. To preserve
the water upon which the irrigation
developer 1T OF The future depends. t.
insure future supplies of wood for the
l;lmher trade and the ether great wood
using industries. to conserve and main
tain such portions of the public range
- lie in forest regions N productive
condition by the prevent III OF over
grazing-these are the obvious results
of Z policy whose good effects are by
no means confined to the distant fu-
tare. hut are very real today.
ENGINEER BEN.
Mr.. Morris Bien of the Of the United
States geological survey spoka II "1'i2e
relation Of federal and state law 10
irrigation. He said in paii;
a discussion of the |. VS. nf mo fed
erai and state governments relating to
irrigation discloses a condition which.
if M, SO familiar. would be Very -
n,arka BILE, viz, thar If Two distinct
sovereignties operating; i, the sane
jurisdiction: the government of j state
and the government of III United
States dealing ind aperdently with diff
- Gil ub.rt-tS III lIit SsilllS -t'' tel4tN'
ana likewise with :Ae sane subject in
more or less distinct spheres of action.
The federal laws are simple and gen
eral. amounting to little more than
declarations of the two great prin-
Ciples underlying the irrigation law.
First the doctrine of priority of ap
preparation of water as distinguished
from the common law ri riparian
rights: second. that the water used for
irrigation should be appuTtenant to the
land upon which it is used. The for
mer principle was Incorporated in the
federal laws in 1866. and the latter was
first distinctly announced in the re-
cent reclamation act of June H. 1902.
The state irrigation laws are based,
in general. uron the same principles.
and range in complexity from the laws
OF California. providing merely for the
filing and reco-Iing of claims to water.
- the system adopted in wyoming.
providing for the regulation. control
and adjudication Of wafer rights ny
q state board with final review by
the courts.
y general review of the conditions Of
irrigation legislation shows very I'M
satisfactory conditions in most of the
states, as pointed out in the message
of President Roosevelt of December.
1901
The work of the government in the
reclamation OF the arid lands VIII bring