The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1903-02-18
CHIEF ENGINEER NEWELL
CRITlCISES IRRIGATION BILL.
A Copy of Same Mas Forwarded to
Him for Criticism, Which He
Herewith Submits.

photographic geological bureau writes a
letter from Washington, which has some
valuable information for all interested in
this important question of irrigation and
the conserving of water at the head
waters of the Yakima river.
His idea of commission has been
acted upon by the citizens of this town,
and resolutions adopted urging the
Yakima delegation to secure such COM
mission if possible. Mr.. Newell says:
81 am in receipt of yours of the End
instant, transmitting copy of a proposed
act concerning water rights, etc. The
work of the Reclamation Service has
been SO rushed in other directions that
we have not been able to give the SUBJ
ject of state legislation as much consider
alton as we hoped. In many cases there
seems to be an idea that the states must
necessarily change their laws at the
pre-ent time in order to obtain the ben
eft of the Reclamation Service. This is
serious misrepresentation and seems
likely to result in hasty legislation
which will make it very difficult later on
to provide for the proper modification
of the laws on this subject. 1t seems
unwise to unsettle matters at the pres
ent time, when further changes will
most certainly be necessary as soon as
the relations between the state and the
Reclamation Service have been thor
oughlv considered along this line. l
think the best plan in each case will be
for the legislature to appoint commits
sion OF men thoroughly familiar with
the practical features of irrigation and
irri cation laws, who should be instruct
legislature, complete codifcation of
the water right and irrigation laws. In
this way the subject can be carefully
considered and it will also be possible
at the same time to pnt the state laws
in the best shape for the regulation of
the subject as well as for cooperation
| with the Reclamation Service. | have
not had time to consider the hill care
fully in every detail, but several points
of importance may be noted. The idea
| in Section !, that there can be an owner
ship of water is an erroneous one. 1t is
the right to use water that would be the
subject of appropriation. In Section 3,
the use of acre feet as measure of flow
ing water without the element of time
is not clear. 1t should be acre feet per
annum, or preferably cubic feet per
second. In Section 5, the requirement
that the persons seeking to appropriate
water must within six months COM
mence the construction of the proposed
works would not be suitable in case of
irrigation projects of great magnitude,
inasmuch as it might take more than
six months to complete the surveys
alone, so that construction could not be-
gin within that time. Any changes
made in this language should be such as
tie require the beginning of work on the
ground and not in such form that the
mere negotiations for the sale of bonds,
ETC., could be considered as part of the
necessary work. Such language as the
following might be suitable: Com
mence such work on the ground as may
be necessary preliminary to the pro-
posed works by which it is intended,
etc" So far as the work of the Recla-
nation Service is concerned, am I'M
able to state at the present time just
what projects can be taken up. 1t is in
tended to put engineers in the field this
( summer and make careful study of the
conditions, taking up as soon as possible
the specific investigation of such pro-
jects as may be found desirable.
Yours very truly,
Il II Newell