The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1904-12-26
IRRIGATION LAWS FOR
STATE OF WASHINGTON ARE
NOW READY.
Code to Be Submitted to the Legisla-
ture Will Cover Many I'm
portant Points.

for the past few days, engaged IN
framing an irrigation code for the
state of Washington, has completed
its work and the delegates have re-
turned to their respective homes.
1t is reported that the commission
expects much as the result of the ses-
sion, and that the code as it now
stands provides for many advantag-
eous features to apply to the protec-
ton and the conservation of the waters
of the state. OF particular Importance
is considered that portion of the code
which deals with private companies
owning irrigation systems and with
the farmer who has land under a ditch
but does not irrigate it. The regula-
ton of the rates by the state was an
others issue of Importance which was
provided for in what is thought to be
a satisfactory manner.
Discuss Important Features.
The more important features of the
code were made the subject of an in
formal discussion held at a dinner
rendered the commission in Spokane
and at which many of the provisions
embodied in the code were determined
on. AS stated at this discussion, the
law dealing with private companies
provides for a state irrigation engineer
with whom all filings for water rights
must be made. AS the law is based
on the beneficial use of water, any
claimant of water rights must make
them good by actual use of the water
on the land. A new company will be
allowed time to construct it's ditch and
time to apply the water to the land.
made the engineer issues a permit to
appropriate a certain amount of water.
According to the difficulties and mag
nitude of the undertaking the COM
pany would be allowed up to five years
to complete the construction. In case
of unavoidable delays an extension of
three years may be allowed After the
construction the company would be
allowed up to five years for application
of the water appropriated to the land
For justifiable causes that time could
be extended three years. A company
~. i,,o
in the state would have to have it all
upon the land in sixteen years at most
At the end of the application period
the state engineer would issue state
patents to the company for the amuont
of water actually on the land.
Are Common Carriers.
In it's relation to the so-called dry
farmer" the law recognizes irrigation
companies as common carriers, and as
such they are compelled to supply
water to residents under them. The
proposed law gives the farmer three
years to take advantage of the COM
mon carrier feature, and if he does
not take up his privilege in that time
he loses all rights or priority and then
it would only be possible for him to
get water if there was plenty for ALL
If the farmer applies to the COM
pany within the three years and is un-
able to make a satisfactory contract
with the company, the law provides
an appeal to a tribunal composed of
the state engineer and the water COM
missioner of the district. If either
party is dissatisfied with the decision
an appeal is provided to the superior
court of any county, where the case
must be- finally decided without a jury.
rates Harold Preston when he returned
to. Seattle said: The principle that
quasi public corporations must have
a certain amount of state regulation is
established beyond question, and the
proposition is only to find an equitable
means Of adjudication between the.
corporation and the people.
Out of Politics.
I'm this law an attempt is made to
compel every farmer under a ditch to
buy water, and if the company is there
to sell him water the state must put
some tribunal between him and the
company to protect the man. We
think we have framed the most just
board that we can. The state engineer
must be a technically trained man and
photographic engineer. He is ap-
pointed by the governor to serve six
years. The water commissioner over
each district must meet the same quail
ifications.
:. Thus the men are all out of local
and state politics. The commissioners
will have unequal term to start. If the
commission can not effect a settle
ment with the farmer and the com
pany and appeal is left to the courts
where it is to be decided without
iury That nrOtecfS the oornn,r1 49,