The herald-advance. (Milbank, S.D.) 1890-1922, 1904-09-02

for successful home-making is but an
other name for the upbuilding of the ma
ticn.
"The necessary foundation has already
been laid for the Inauguration of the
policy just described. 1t would be I'm
wise to begin by doing too much. for a
great deal will doubtless be learned, both
as to what can and what cannot be
safely attempted. by the early efforts,
which must OF necessity be partly ex-
perimental In character. At the very
beginning the government should make
clear, beyond shadow Of doubt it's in
tention to pursue this policy on lines of
the broadest public interest. No res
ervoir or canal should ever be built to
satisfy selfish personal or local inter
ests, but only in accordance with the
advice Of trained experts, after long
investigation has shown the locality
where all the conditions combine to
make the work most needed and fraught
with the greatest usefulness to the com
munity as q whole. There should be no
extravaganza, and the believers in the
need Of irrigation will most benefit their
cause by seeing to it that it is free from
the least faint of excessive or reckless
expenditure Of the public moneys.
Work with Settlers.
whatever the nation does for the
extension Of irrigation should harmon
ize with and tend to improve the condi-
ton Of those now living on irrigated
land. We are not at the starting point
Of this development. Over two hundred
millions Of private capital has already
been expended in the construction of
irrigation works and many millions
acres Of arid land reclaimed. A high
degree of enterprise and ability has been
shown in the work itself. but as much
cannot be said in reference to the laws
relating thereto. The security and value
OF the homes created depend largely on
the stability Of titles to water, but the
majority Of these rest on the uncertain
foundation Of court decisions rendered
in ordinary suits at law. With a few
creditable exceptions, the arid States
have failed to provide for the certain
and just divisions OF streams in times
OF scarcity. Lax and uncertain laws
have made it possible to establish rights
to water In excess Of actual uses or
necessities, and many streams have al
ready passed into private ownership, or
a control equivalent to ownership.
Use the Only Right to Water.
whoever controls a stream practic-
ally controls the land it renders produc-
tive. and the doctrine of private owner
ship of water apart from land cannot pre-
prevail without causing enduring wrong.
The recognition of such ownership, which
has been permitted to grow up in the
arid regions, should give way to a more
enlightened and larger recognition Of the
rights of the public in the control and
disposal Of the public water supplies.
Laws founded upon conditions obtain
ing In humid regions, where water is
too abundant to justify boarding 1t,
have no proper application in a dry coun-
try.
I'm the arid States the only right
to water which should be recognized is
that Of use. In irrigation this right should
attach to the land reclaimed and be In
separable therefrom. Granting perpet-
ual water rights to others than users,
without compensation to the public, is
open to all the objections which apply
to giving away perpetual franchises to
the public utilities. A few of the West
err Sta tcs have already recognized this
and have Incorporated in their constitu-
tons tie doctrine of perpetual State
ownership of water.
Intelligent Cooperation Needed.
"Thc benefits which have followed the
unaided development in the past justify
the nations aid and cooperation in the
raors difficult and important work rot to