Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1904-06-10

vidrS for the proper division of va
ter according to these rights us Otii-
GERS Of the law.
The law Is weak i'm one particular.
Ii is silent III the matter of new APP
preparations. SO they are still gov
crnrl by the original law of 1866.
This law provided that ANY person
desiring To construct Il ditch should
file with the county recorder OF the
county or counties in which the pro-
posed ditch is to he located II certiii-
cate, previously sworn to. specifying
the name of the ditch and th. Local
tion of its tcrmiui. In this way the
ditch filings are scattered through
the counties al the whole state. In
order to determine what recent filings
have been made ON II strcnm. an rX-
animation must he made Of the rec.
Or,lS of every county through which
the stream ilOws. And after the rec
or - have been found. there is moth
In. to show whether or mo- the
! ditch has been constructed. Such
records ar" Of very doubtful utility.
The method that is now generally
recognized ~ the best is 10 make
every intending appropriation apply
to the state Engineer for permission
to make the diversion. the applicu-
ton showing the proposed point Of
diversion, the % ri water re-
quircd, Ill" purpose Of intended Use.
and, If for irrigation. the land to br
irrigated. Ii th"rch lie water available
permission will ~brgrantcl, otherwise
IL Will lie denied. such II plan brings
the whole matter OF water rights
within the control Of one office and
makes all Information ahUut ditch
4 f.i,,lI. lat Il, t...,.- .,,,l Ill -.,sI. $500.
ccSSihlc. 1t also prevents the CON
structiun Uf bitches where there IL NO
water unappruUriaI"d. and thus
saves many USELESS expenditures. IT
Is To br hoped that before many
years have PASSED. our law will br
amended 40 better control the new
appropriations. With thiSrNCrptiOn
ia" present state law should prove
very excellent one.
As a been stated the Government
cnnnpt attempt work whcr" there
Is Il likelihood Of litigation over wat
"r rights. The works now under
construction interfere with none ~
they are below all Truckcc mradow
bitches and sufficient water will nj
ways he allowed to pass for bitches
in the vicinity of Wordsworth below
the Government canal. Before the
fINtT arson reservoir IL construct
eel II settlement will Ice made with
the Present Users OF water In thcCar-
son Sink Valley. AZ there are less
than l5,ObO acres nov under cultiya-
ton there. the settlement will he u
comparatively easy mnttrr. Before
amy considerable work il undertaken
i'll the upper basin Of the Truckcr
and the Carson the State Enuiurrr
will b" far along in the dctcrminn-
ton OF priOritirS on those streams
and his records will show the Gov
eminent engineers exactly what
vested rights exist. They will then
know definitely how much water
'hcE must allow to satisfy these
vested rights and how much thrv
will ave for the irrigation Of new
lands.
hnv" purpnscly taken ADVANTAGE
OF your presence here tOmnkr you lis
ten to Il statement Of the main frut-
urcS al our recent legislation. I
want YOU to understand that IL will
make an orderly system OF the prrs.
cnt chaos OF water ~rightS-thnt II
will make n title to water ns definite
~ land titles are now. And fur.
tlIcr wish To impress upon yuu that
without such an orderly system the
Government cannot completely carry
out the magnificent plans il has pre-
pared for uS. There are millions i'm
the Reclamation fund for construc-
ton but not one cent il intended for
littSatiOn-and litigation Is only the
natural outcome of II neglected rryu-
latiOn OF water rights.