The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-01-25
Mr.. bH,DCMAN COMMENTS
ON the PROPOSED CODE
Makes Plain the Irrigation LnW's
Strong Points, and Answers the
Criticisms Put Forward.

code was held on the evening before
press day last week, the Herald was I'M
able TO devote the space to it warranted
by the Importance of the matter under
discussion. The import of the substi
tute bill offered by L. i. Preble was
stated, however. Upon its submission,
Martin Jackson, representing many Sun
nyside people, offered the following as
an amendment to the substitute:
"Section l0.--Common Carriers.--Ev-
cry person, association, or corporation
which is common carrier of water and
every person, association, or corpora
ton storing or carrying water for the
use or uses by others than the carrier
shall be common carrier.
"Section ll.-Rates and the Right to
the Use of Water.--The owner of works
for the storage, diversion, or carriage Of
water for irrigation purposes shall be
required to furnish water not to exceed
the extent of his appropriation to the
lands irrigablc from said works to the
maximum amount required for the bene-
fetal use upon said lands and the pro-
duction of crops. thereon, in the absence
Of. contract upon the following condi-
tions, to-wit:
"First--The owner Of said lands shall
have the right to the use of water as
aforesaid upon the payment to the own
er of the works of a reasonable yearly
rate therefore, which rate shall be based
upon the cost of maintenance and of OPP
Grafton Of the said works and fair
profit upon the value of said works.
"Second-The owner of said lands may
secure perpetual right to the use of
water as aforesaid from said works by
paying to the owner of said works an
amount to be agreed upon by the own
er of said works and tine owner of said
lands.
"The owner of said lands may pay
for said right in cash OF he shall be en-
titled to have the option to pay for the
same in equal annual instnlmcnts coy
ering a period to be agreed upon by
them but not to exceed fifteen years,
deferred payments to bear interest at
the then legal rate payable annually.
"ln addition thereto he shall pay to
the ownefi of, said works an annual main
tenance fee which shall be his just pro-
portion of the actual cost of maintain
ing and operating said works.
''In order to secure the right to re-
ceive water from said works as afore-
said the owner of said lands shall, with
in three years from, and a tier the pass
age of this act or within three years
from and after the time water from
said works can be beneficially applied
to said lands, notify the owner of said
works that he desires water from said
works for the irrigation of said lands
and shall also state in said notice the
method by which he desires to pay for
the same; Provided, That the owner of
land lying nearest to the source of sup
ply of the waters for said works shall,
within the three years from and after
the passage Of this act or within the
three years from and after the time
when water from said works can be
applied to said lands, nave
the first right to the use of water from
said works upon his land.
"The maintenance fee and the rate
herein referred to shall be payable on or
before the fifteenth day of December
Of each irrigating season. and the own
err of said works shall have lien upon
the lands for which water has been thus
furnished, which lien shall be enforc.
able in the same manner and upon the
same conditions as is now or may here
after be provided by statute for the
enforcement of liens upon lands for i'm
provements placed thereon.
"Section l2.-Lands to be Furnished
With Water.-No common carrier of
water shall be allowed to contract to,
or attempt to, furnish water to and for
a greater amount of land than can be
supplied from mis- or its works with the
maximum amount required by the said
lands for the production of agricultural
crops thereon"
Mr.. Bridgeman, in an interview ac-
corded the Herald last Friday, gave the
following facts regarding the bill, which
will be of both value and interest in
connection with the study of the bill
Mr.. Bridgeman said:
On the preparation of this bill the
work was largely done by men VINO
have had a great deal of experience in
irrigation, in the apportionment of wa
ter and the working OF laws similar to
the proposed code. Some of these men
are Elwood Mead, chief of irrigating in.
vestigation of the United States depart
ment of agriculture, and for many years