The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1904-07-27


seemed feasible. The right to the use
of water from the Tietan river, how
ever. was complicated and so involved
that the scheme was not considered fea-
sibc at that time from legal stand
point.
"To more clearly illustrate the nature
fully the conditions in this case, which
is fairly typical of the legal difficulties
in any scheme involving the use of wa
ter from the Yakima river and its trib
utaries. 1t was proposed to irrigate
about $4,000 acres in the Cowiche and
Ahtamm basins. Assuming that it
would require one cubic foot of water
per second for each one hundred acres,
it would be necessary to divert from the
Tietan river about ten miles above its
junction with the Naches. three hum
dred and fifty cubic feet of water per
second. Below this point are numerous
ditches-about twenty-one in abusing
second. varying from one to six nun
drcd and fifty cubic feet of water per
second takin" water from the Naches
and Yakima rivers. the aggregate
amount being about sixteen hundred
cubic feet of water per second. or more
than twice the extreme low water flow
of the river at Union gap. These APP
propriators had all acquired rights under
the state law, some had completed their
appropriations, others whose original
plans and notices contemplated the use
of additional water How much eacn
appropriation has a legal title to under
the state law could not be determined.
and probably cannot be fully ascertained
without a decision of the supreme court.
If we should take the opinion of each
appropriation as to the amount he was
entitled to, the Yakima river and its
tributaries could not supply the demand
during the irrigation season. If we as
sumo that each irrigator has title to
only what water ne was using at the
time. we would probably be estimating
less than the courts would allow. The
fact. however, remains that during the
lowest stage of the river at Union gap,
practically all the water and more is
now diverted, and any additional diver
sion above this point would deprive some
of these people from the use of water to
which they have title under the state law
There remains to the government the
possibility of storing in some natural
basin or lake sufficient water for its
use without interfering with the natural
low water stage of the river.
"There are storage basins of suflic-
lent capacity in the head waters of the
Naches and Yakima rivers for this pur-
pose. Assuming that the cost of such
storage is not more than the project
will stand, the government will still have
doubtful title to the use of water in
the river, since it will be impossible to
determine what proportion of the flow
is the natural flow, to which the prior
appropriation has title, and what pro
portion is stored. to which the subse
quent appropriation would have title.
This condition is aggravated by the fact
that the amount of water to which all
prior appropriations have acquired title,
has not been determined. and there Is
no state law specifying the nLhrrr in
which they can be determined.
A private corporation can and does
run more or less risk in expenditures
for irrigation purposes, but the rights
to the use of water under any govern
ment project must be clear and explicit.
"This is the most serious difficulty
that the department has encountered in
connection with projects where private
interests have already appropriated wa
ter for irrigation and other purposes from
the only available source of water sup
ply The difficulty has been overcome
il the Salt river valley in Arizona. the
Truckee project in Nevada, and the Colo
RADIO project in New Mexico 'nl Califor-
mia, by the organization of all parties
having water rights in the drainage ba
sin into water users association. that
has met the approval of the secretary of
the interior. The provisions of the ar
ticles of Incorporation of this association
are such that each appropriation agrees
to take water under the government
plan, and TO pay his proportion of the
cost of the works.
"Anotner method by which the right
to the use of water can be made clear
and explicit. is to pass such laws in our
state legislatures as will formulate