Aberdeen herald. [volume] (Aberdeen, Chehalis County, W.T.) 1886-1917, 1905-02-02
ENGINEER NOBLE TALKS TO IR.
RIGATION Committee.
IL Laws Are Not Made to Line With
Federal Sugge StionS Three Mill
ions Intended for This State
Will Be Expended on Projects
In Other States.


ton laws are passed by this legisla-
ture, and that this fund will be ex-
pended in other states and Washington
irrigation will have to await the re-
turn of the money years hence, were
the features of an address made tn the
house irrigation committee by T. A..
Noble, engineer of the United States
geological survey, who is in charge of
the federal irrigation work in this
state.
MIR. Mobiles statement was atten-
lively listened to, and later he re-
sponded to number of questions ask
ed by mem bers of the committee, and
he explained the reasons for and re-
suits expected from different sections
of the irrigation code.
Representative Hare presented let
ter which he said was the opinion Of
"the most notable irrigation attorney
in the state" which declared the pro-
posed code method of determining ex-
listing water rights would in one dis
trict alone involve 5000 defendants,
result in interminable litigation, and
accomplish nothing.
Engineer Mobiles Explanation.
Mr.. Noble, in reply to this, read the
letter from the Idaho engineer to the
effect that the result of similar code
in that state was a tendency toward
avoidance of litigation. He then said:
"The reclamation act was passed
June II, 1909, setting aside 90 per
cent Of all the moneys received from
the sale Of public lands, to be used by
the secretary under certain limitations
and restrictions for the reclamation by
irrigation of the arid and semi.arid
lands in sixteen states and territories,
among which is the state of Washing
ton. There is no distinction or prior
ity as to the use of the money in the
various states, except as provided in
section Of the act of congress.
"This section provides that so far
as practicable and feasible, the major
portion of the funds derived from the
sale Of public lands within each state
be expended for the benefit of lands
within such state.
"The officers upon whom fall the
duty of carrying out the provisions of
this act are wholly interested in the
successful construction and operation
of such plants as have been found to
be feasible. They have no private in
terest or investment in any of the pro-
jects under consideration. No perma-
nent employe of the service is allowed
to make or to have any investment in
any project under investigation or
construction and retain his position.
Our entire time and energy is devoted
to this great WORK.
"Our greatest difficulty comes in the
settlement of private interests on u
basis that will make projects feast BILE
and be equitable to those who must
pay for it. The government in this
work is in effect no more than trus.
tee for the settler who is to occupy the
land, and as trustee we must protect
the interests of the homeseekers.
Urges Prompt Action.
"ln putting the act Of congress into
effect it has been necessary for the Sec
rotary to stablish rules. In allotting
funds he has held that 80 per cent of
the moneys received from the sale of
land be set aside for construction of
projects within the state, provided
there are at the time feasible projects
and that the cost of construction is not
more than will safely r"turn to the
fund the money expended in construct.
ing the works and the cost of mainten-
ance within ten year period.
eff there has been found no feasible
project, due to impossible conditions,
either physical or political, the fund
may be devoted to other states.
Must Cooperate With States.
"The government must act in con.
formity with state laws. 1t can take
no chances and the department. must
interpret literally all provisions of both
the state and federal laws. If the rec.
lamation act says we must do one
thing and the state law or deci lions of
courts are in conflict, the latter must
prevail.
"If the laws Of the state do not give
the federal government such facilities
as the secretary.of the interior may
deem necessary to make the construc-
ton and future operation of the pro-
ject feasible, he has no choice in the
matter. The law clearly designates
that the projects must be feasible be-
fore construction begins. States like
Utah, Idaho. Wyoming, Nevada and
Colorado have all passed laws which
are favorable to the development Of
irrigation and are clamoring for funds
for construction of projects which
have been found feasible.
"The projects of this state that 80
far have been examined are less feas
iblo in point of cost than projects in
most of the other arid states. There
is. therefore, more urgent necessity
from your standpoint to clear away all
legal difficulties that stand in the
way"