The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1905-01-25
"a No. Second Street i.

!
"a No. Second Street.
| - - ------------------
engineer in charge of the reclamation
service in this state; NJ. Bichn, consult
ing attorney of the L. S. reclamation
service; Judge J. b. Reavis, and the
members of the committee appointed by
the president Of the Yakima Commercial
club last summer were also consulted.
In regard to riparian rights, the COM
mission were of the opinion that the
doctrine of riparian rights in eastern
Washington should be limited TO the
right of the riparian owner to the rea-
sonable use of the water upon his ripar-
ian lands, not exceeding the amount
needed for beneficial purposes. The the
oIy that a riparian owner has vested
right to have the water flow by his land
simply as a part of the scenery is not
compatible with the needs and condi
| tons of an irrigated country. the doc
trinc Of riparian right is limited by sec
tions !, 2, 3 and of the proposed code.
section putting a statute of lmita-
ton upon actions TO maintain riparian
rights except where the riparian owner
makes use of the water by the snb-irri
agtion of his land, or otherwise
''An adjudication is provided for of all
water rights by n method approved by
long and successful operation in Wyo-
ming and otncr states. BY this method
man, right to water is asccrtained by
IA state board of investigation which will
be composed Of men who understand
the measurement and use of water. This
board will take evidence from place to
place throughout the stream system, 60
ing right into each community and as
ccrtaining by Il series of questions and
by view of tine land and of the bitches,
by actual measurements of the water
extending over considerable time, and
by testimony of the residents of tho
neighborhood just what each mans right
to water is. 1t is not likely there vii,
he much actual litigation in court under
the proposed act, Judging from its work,
ings elsewhere and Judging from the
method of procedure.
"In the Ahtanum creek case. the case
of Benton ct al vs.. JohncoX ct al, the
rights on the Ahtanum creek were ad-
Indicated at a very great expense and
trouble, and after a vexatious lawsuit.
The Ahtanum creek and the Wenas
creek have been adjudicated because the
lands along them were first fully util-
lied, but at the present time the wa
tiers of the Natchez and the Yakima riv-
almost entirely utilized and there are
still tens of thousands of acres of land
under constructed bitches which have
never used any water at all hut for
which the right is claimed to utilize all
the water necessary for the irrigation
thereof, even though such rights would
operate to take away water from lands
already irrigated. Unless some metho |
Of an amicable suit and fair ,lctcrni-
nation of state officials is provided by
some inexpensive method the water
rights of the Yakima valley will before
long be determined under the present
inelastic and expensive method of litga-
ton, in a suit brought and maintained
ny some one or more of the wealthy aud
powerful water companies of the valley
| believe that the great majority of the
users of water would prefer to have their
rights settled and made secure by an
investigation and the findings of board
of state officers, taking testimony in
the manner provided for in this act,
rather than be forced to fight the claims
of some powerful corporation under the
present method of procedure in courts
Besides the above there is another
very great consideration which makes
necessary this determination of the wat
er rights in eastern Washington, and
particularly in the Yakima valley.
"rhe federal officials VINO have charge
of the expenditure of three and a half
million dollars available for govern.
ment works in this state have wisely
made it their policy not to expend this
money in lawsuits, and they require that
the water rights of the Yakima valley
be ascertained and settled before they
Undertake any reclamation projects in
the Yakima valley. There are excel
lent opportunities for the reclamation