The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-01-25

WREN permit corresponds 10 the aunie-
stead entryman's receipt when he makes
MS entry. The amount of water will he
determined by the officers grating the
permit but the applicant may produce
evidence to show how mucn water is
needed on similar lands, and the state
officials would grant all that was nee
essary. They could have no possible
object in doing otherwise; if they err
an appeal is provided for. The amount
of water allowed would be Just what is
required for tine land, not to exceed
specified amount. If, after the land is
brought under cultivation less amount
is needed, the surplus goes back to the
river Full provision is made, however,
for transferring ones water right to
other land, in case ones land goes to
alkali or salt grass.
CAS- to the time allowed for proving
up upon the water--In granting the
permit a time is fixed within which the
ldHu iHusL Dt vi tHt uuusuth
water shall revert to the public and
some one else may take it. Just as, in
! the homestead law, the settler must ac-
tually occupy and cultivate his land.
actually in good faith, or some one else
who will actually settle on and improve
it, may have it.
at was not so in the early days upon
the Wenas and Ahtanum. There was
~ no survey reaching back number
of years to determine how much water
there was in the river: There was (2)
no way of determining how much of
| that water each settler was actually ell
titled to pre-empt, and t3) no method
of telling how long the settlers would
take within which to use the water:
they might wait for years. doing a pro-
functory amount of ditch work each
year and if some new corners finally did
appropriate the water left in the stream
he would perhaps be allowed to clear
level and cultivate mis- land for several
years, and then, when some prior set
tier got around to it. he would come in
and take away the water that his neigh
Dor had used and leave his crops and or,
chards to dry up and his neichbor must
starve, or move elsewhere.
"There is no doubt that the law as
laid down in Longmire vs.. Smith is cor.
rect law, and the judge simply did his
duty The shame and wrong of the
hardships cntoilcd by that decision is
not upon the plaintiff who won, nor the
counsel who so ably conducted the case.
nor upon the court that eXpoundcd the
law. But it is upon the wretchcd sys-
TEN, or lack of system that allowed
nay, invited the settler into a position
of uncertainty. position of false secur-
ity, from which there was later terrible
awakening.
"Cnder large canal system there
will be many private individuals who
have no interest in the canal company
as such but water for whose lands would
be included in the appropriation of the
company. In order that these settlers
may not sit down indefinitely and hold
a right to tine use of water away from
other users without actually using it
themselves the law provides that such
settlers shall within three years from
the time when water is economically
available for this land THAT is, wnen a
ditch or lateral is within reasonable
distance of his place as determined by
the state engineer) such settlers shall
exercise his option to receive water eth.
err by mutual contract with the COM
pany or under the rates as they may be
fixed by the state board. If he does not
make this demand for water within three
years then the portion of water under
the permit which was set aside for his
particular piece of land shall revert to
the state and be subject to appropriation
by other parties. If the settler finally
does conclude to take water he may do
so whenever he gets ready, provided
there is still water in the river and he
may do so at the rates fixed by the state
board. There has been some serious
misunderstanding of this three year
limitation, but with this explanation it
will be seen that the purpose and effect
of it is not to prevent tine settler from
ever getting water after the three year
period but it is to prevent any land own
err who might be so disposed from play
ing dog the-manger for longer per.
iod than three years. The actual and
bona fide settler is likely to apply for
water as soon as he can get it, so that
ne may make living off his land. 1t is
the nonresident land holder and spec
ulator in land and water rights who will
be chiefly affected by this three year