Omaha daily bee., 1903-02-07
IRRIGATION LAWS
State Engineer at Head Of Public Ad-
ministratian Of bitches.
DISTRIBUTION OF WATER A BIG TASK
state Divided Into Districts with .
water Commissioners in Charge
Ditch Riders Regulate Sup
ply TO Consumers.

H. A. Crafts Of Fort Collins, Colo, in an
article on Irrigation administration in
Colorado. I" written for The Twentieth Cen
fury Farmer, says:
There are two functions to irrigation ad-
ministration in C-olorado-public and pri-
vate. At the head OF the public Junction.
aries stands the state engineer. The state
engineer is appointed by the governor.
bitches, Of course. are owned by either
individuals or corporation, but still are
under state control. There is one ditch
In the state, however, that is owned by the
state. 1t was built to irrigate state lands.
Then the general government has already
begun to act under the law recently passed
providing for the construction OF storage
reservoirs. The first government reservoir
will probably be in the northeast corner Of
the state and will be filled by the flood
waters Of the South Platte river. When
that is complete and in operation another
element will be added to irrigation admin
istration in the state.
The state of Colorado is divided into Ave
grand divisions. known as irrigation dis
tricts. Each division is under the super
vision OF a superintendent OF irrigation.
This funetlonary is also appointed by the
governor. Then each irrigation district is
GAbAA AoSA INV aA1NA ANNIs
according to the extent to which irrigation
is carried on in the district. There is
somewhere between fifty and sixty commits
sloners' districts in The state. A commits
sioner is called a water commissioner. He
is appointed by the governor upon recon-
mendation Of a majority Of the county COM
missioners within whose jurisdiction the
water district lies.
A water commissioner has charge OF the
distribution Of the irrigation water within
his district. He has a printed record of the
standing OF each ~irrigating ditch and stor-
age reservoir in his district, the dates OF
construction, the priority of rights and the
number OF cubic feet Of water per second
each ditch Is entitled to nv law. These
are points that have been settled by the
courts. A ditch owner, in order to have
4 standing In law, must make proof before
a duly appointed referee of the facts con-
nected with the date Of construction, of
engagements. the size OF the ditch. It's To-
cation, the grade upon which IT is bulls
and the number OF cubic feet OF water IL
will carry per second OF time. The report
Of the referee is submitted to the Judge of
the district court In the district in which
the ditch is located. When the referees
report has been examined and approved the
court issues a decree. which is entered of
record in the archives Of the court, and
stands inviolate. unless %oyerruled by some
reopening OF the case, or an appeal TO some
higher court. This decree ser res as a guide
end basis in the public administration Of the
affairs OF the ditch in question. Questions
Of administration that cannot be settled en-
tirely by the water commissioner. the sup
erintendent OF irrigation or the state engi-
neer are brought into court. where they
are fought out until finally settled. Con-
tests in some cases are carried to the
United States supreme court. The amount
Of irrigation litigation in the state is some
thing and is exceeded only by
the mining litigation. These two branches
Of litigation make q perfect harvest for
the lawyers.
The private administration OF irrigsting
ditches is another affair. Each irrigation
company holds one regular meeting each
year at which II elects a board OF directors
and a set OF oficers-president, secretary,
treasurer and superintendent. The last
named is the executive ofhcer OF the com
pany. He looks after the care and repair
Of his ditch and the distribution OF water
during the irrigating season. When nee
essary the superintendent appoints an as
sistant or a deputy. Under the superin
tendent are the ditch riders. A ditch rider
is the man who rides up and down an APP
pointed part OF the ditch, regulating the
amount Of water turned out 10 each con-
sumner. The headgste of each farm lateral
is now under lock and key, and the key is
held by the ditch rider.
Each stream Of any considerable size