Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1903-02-13
Assembly NH 40. 10.

construed as affecting Or intending t.
affect or To ia any way interfere witi tie
laws of un State or Territory relating Ia
the c~ontrol, appropriation, use OF dis
trIbution of water, or any vested rights
III the use OF water.
=. bill has been Introduced in our
Assembly. hy the Committee gu Agri-
culture. which is Intended To assist i'll
carrying ont the provision of this Act
OF Congress IN this State. The in;cn.
tions nj the supporters 81 this bill are
good. aud il Is. | believe, the desire Of
every one ia the state that any measure
that may he necessary tn encour tEe or
assist the United States Government III
bringing our surplus farming land nm
der irrigation shall be takeu, but | ho
not believe tint the proposed bill will
act rs it Is expected to.
There is one main object that We can
accomplish at present. To assist the U. S.
Government III its work. and that is
to furnish The Secretary Of the Interior
with correct data ri the mount Of wa
ter now appropriated aud used by our
irrigHtors. Tie Geological Survey is
engaged III tin!Ing out how much water
is i'll each stream. and il we will tell how
much Of that DO aTpT"u-iated, it will
then be known bow much can be had
for future Improvements. To do this
there must he adjudi ra'iun Of all the
waters Of the STATE. II Is not necess-
AIRY hat this bc al done ut once, but
only fgs: enough To- furnish the n,ccs.
sary il tnG nation tn the Secretary OF
the Interior rs he wants /. Eiaw can
this be done? 1t "Us; u. done consti-
t%utionally. Let US examine the con.
stitutiou nuJ laws OF Wy,mrnC. thu; are
considered the best on irri sa,ion il the
United States.
The Constitution ~ Wyoming declares
that water IS the property "f ;he State
and he in its control; that there
shall he IA State Engineer. appointed 10y
the Governor tnd confirmed Uy The Sen
ate. holding office for six Gears; that n
board Of control shall he costitu.cd.
compuSeI of the State Euainrcr and
Superintendent nf water divisions: the
Legislature Ia create the divisions aui
provide for appointment OF the super
intendent., and that the board OF com.
trol shall have the supervision ~ the
waters of the State. and their appropria
tiun. distribution and diversion. it, de-
cisiOn- 70 ne subject to review by the
coarts nf the State.
The law OF Wyoming divides the Stat"
into water divisions, provides for ar.
appointment nt superintendent. and de.
fines their term OF office, salary ana
duties, md defines The duties of the
board II control. Their first duty IL to
~adjudiratc the rights -; all appropriu.
tors. To do this they first dcciic upon
streams that shall he examined. and no.
tify al claimant To use Of water on that
stream when such ~cXlmmHGOu shall he
male by the State Engineer 81 the
stream and dit"hcs, and when the super,
int1ndcuj II 'hnI ,liv!aIun stall bu there
to TAX" testimony md whcn,he will close
the superintendent; takes testimony Ga
date named and gives notice OF date
when all evidence will be open for in,
spectiOn 10y claimants. Contests nrt
provided for, power given to suhpenf
witnesses and compel; testimony. and all
evidence sent to Inc board Of control
which then determines the priOrities D
right 10 the use of waters OF the streau
and certificates are issurd to cacl
claimant. Any party or number Of par
ftnJ may .,Y,a.I Fr.,, l,;.., Il Al.
board to the courts. After adjudication
the board Of control suhdiviIcs tn,
water divisions INTO water districts, buU
not until necessary. and appoints waite!
commissioners FOR each district. Wit
shHll have control IT the use Of water il
the district. Their powers and duties
are minutcly fixed in the law.
II is Gnsily seen TINT the laws OF Wye
ming are framed in accordance with IL
constitution. which gives judiciary pow
crs to a State board at control. consisting
OF several members. who 60 over tn,
/, ground subpoena witnesses. collect "yi
dcncc aud invite inspection. and, an fact
cxcrcis" all the powcrs nf orr Disiric
Judges.
Ia framing Assembly ELL No. 49,. ~,
laws Ot Wyoming wcr" considered ~
well IA the laws of ptht T Suites. BIT il
does not seem az though the Consti:u
ton Of Wyoming was taken notice Of n
all, or it wnnid be q~uicltly seen that w,
could "a; take their laws under our con
stitu'ior. This Ibill docs not quite fol
low the Wyoming lavs. either. lnstcnt
Of i bOarl u ~gcveral men, the power {,
decide on the water rights is to he vcstCt
in ouc man, who cannot take "vid,uc,
or rnmpc' witnesses to testify before
him, and who il not Obliged to submit
what evidence Id can got To- the inter
cstod parties h"f"ie rendering his de
%ciginus; but all hi work us in nc ndturr
OF StHr Chamber pro crd nrp.
1t scrm4 "a he nm rtlcmpt Ia re-
around constitution aud nt The Ht,ny
time. place powcra. that shOuld be k"jl
by tho State. under the control 81 Tn
cd state officers. II this ATTEMPTED
method ~ adjudiratinR water righI. .I
the Stnt1 ia uuc0usi tutiopnl. ~ be
li"vc II ie, thu rutrUsH 90 rpriu'iug tnp
Secretary of tI" interior with iutormn.
tion, ia lost completely, aud go will have