The state herald., 1904-09-02

extension OF irrigation shou.1 harmon
ize with aud tend to improve the condi-
tion Of those now living on irrigated
land. We arc 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 aud 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 he said in reference 10 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 Rt law. With few
creditablc exceptions. the arid States
have fnilcd to provide for the certain
and just divisions OF streams in times
OF scarcity. Lax and uncertain laws
have made II possible TO establish rights
10 water In excess Of actual uses ot
necessities. and many streams have al
ready passed into private ownership, or
n control equivalent to ownership.
Use the Only Right To Water.
whoever controls stream praciic.
ally controls the land IL renders prnduc-
tive. and the doctrine NJ private owner.
ship Of water apart from land cannot pre-
prevail without causing enduring wrong
The recognition uf such ownership, which
has been permitted To- grow up In the
arid regions. should give way TO more
enlightened and larger recognition OF III.
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 IL
TOO abundant To justify boarding II,
have no proper application In a dry coun-
try.
I'm the arid States the only right
to water which should be- recognized j.
that Of use, In Irrigation this right should
attach To the land reclaimed aud be In.
sepnrable thefefrum Granting perpet.
ual water rights to others than users.
without compensation 10 ih. public, Il
open 10 all the objections which apply
To giving away perpetual franchises TO
tn" pubic utilities. A few Of the West
ern States have already recognized this
and hhNe Incorporated In their constitu,
ilons the doctrine of perpetual State
ownership Of water.
Int-iiiscn, Cooperation Needed.
''rh" h,n.tis which hHV. followed the
unnilei development IN the past Justify
IT." hiiiun'f aid nnd cooperation In the
rIorn d,fllrult aud important work yet 80
be accomplished. Laws So Vi,nily affect
ins homes ns those which control the
water supply will only be effective wh.l
thy have the sanction 81 III. irrlrs.
tors; reforms can only be final mud sat.
Isfarinry when they come through she
enlightenment, ~ the p.opl. most con
rcrnrl. The larger development which
nriinnnl aid insurrs should, however.
awaken N every arid State the det-rini.
nH,i"n tn make IT. irrigation system
equal ~ justice and effectiveness that
of any country In the civilized world.
NniLing could be more nhsis. than for
ISOLATED communities a. continue 60 learn
everything .rp.fimenthlly, instead ~
IH1iting by whnt is known elsewhere.
". Rr. dealing with new aud momen,
t,u- question, In the pregnant years
whllr Institutions are forming hni
rhpf W. de- will affect no, only the pres.
.pt bu, future generations,
Make Good American Citizens.
"our rim should he not simply T.
reclaim III. larres, area ~ land aud
provide homes for N. largest number ~
people. hut 10 create for this new In.
duatry the b"s, possibls social and In.
iu-,rini conditions, aud this requires
that We No, only understand the .ii.t.
ing situation. but avail oarsrlrr. II n.
best .,pericnre II the time In the solu.
tion ~ Its problems, 4 careful study
should be made, both b, the nation aud
the States, ~ the irrigation laws aud
conditions here and abroad, Ultimately
II will probably be necessary fof the ma
ton 20 cooperate with the several arid
s,ates In proportion hs these H,ates by
their legislation and administration show
,hmrzlr.s NJ in receive II "
Gee. Merlsllsn fspudlatsd the Demo
rfs,ic platform of 1894, just q. Judge
Parker has fspndis,sd II In ipoi The
result. will be shout the same.