The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1907-01-21

Ilne when the rights became Initiated.
20 ilihii The character and extent OF the
rights TO those claimed I'm the notice
ana by defining with precision the doe
t4iie OF relation, TO protect the apprO-
orator until his work was completed.
When MS rights would relate back-be
deemed vested as of the date when The
hotlee was first posted The notice on
the ground and the work on the ground
4 appflSed others who contemplated the
acquisition Of water rights on the same
stream that the Appropriation had taken
the initial step to appropriate water:
the recorded notice gave Interchangeable
records OF the rights sought by the APP
proprietor. These statutes and the ems
toms upon which they We're based had
existed Cor many years and had been
quite thoroughly construed by the
courts, so that there remained very few
disputed questions upon them They
were satisfactory. simple and gener-
ally familiar 30 All citizens They were
based. as were our mining laws. on the
wise and beneficial policy that the in
dividual citizen should he allowed the
broadest prudent latitude Of action in
occurring and developing new rights
on the public domain. Practically ev-
cry citizen OF average intelligence over
Il years OF age could make d water To-
cation in proper and legal form. Just as
every such citizen today can make
proper location Of mining claim.
The necessary steps. as above outlined.
were very few. were reaSona bic were
definite and positive and were quickly
taken. The people were cOntented with
the law. Then came the federal code
As enacted in Utah il provides in
substance: Thai one seeking TO appfo-
pirate water mast make an application
20. Z he
prescribed by him. stating the name of
The applicant. purpose for which water
IS desired, name of stream. quantity of
water point OF diversion. nature OF di-
verting works, dimensions grade
shape and nature of diverting channel.
and such other facts as viii define the
purpose of the Appropriation; If for ir-
rigatiOn, other additional facts; il for
mining. Other facts .ncIGding the na-
tuIe of the mineral mined: If for power,
other additional facts. including the
number. size and kind Of wheels, head
under which wheels win De operated.
extent of power to be produced and
place where used tho state on
gineer examines the application, and if
nc thinks it incorrect in any particular
returns it TO the applicant Cor correc-
ton: If CORE cted to the satisfaction Of
the state engineer, n notice 10 the pub
lie Of the application is published in
some newspaper: protest against the
application may be made by Interested
parties. which protests arc determined
by the state engineer. though appeal
may be made from his decision under
certain conditions TO the courts: IL Inc
application is approved the applicant
must begin work within . prescribed
time. ana continue and comDlatc work
with such diligence and within such
"a no ION e-I lx~ Ia.
state engineer: upon completion of
work the applicant must make final
proof of his work TO the state tnginCer
rho. if satisfied herewith. nay issue
g certificate Of appropriation 10 the
appliCant-aH under such rules anc
regulations IS the state engineer ma!
deem necessary from time To- time
Ia short. this is an elaborate scheme
TO eXalt the state engineer and to dis
coura &c rather than assist individual
effort IN developing new water rights
II is all based on the absurd notion
that the rules and practice of the de-
partment of the interior with refer
euce 10 the acquisition of title 10 agri-
cultural lands are so perfect that sim
liar provisions should be adopted as 10
water rights. The character OF the rights
acquired are wholly dissimiIar: they
have practically nothing in common.
yerted by departmental routine a
Washington could possibly detect any
resemblance between them
-
The act first passed in 1908 was
worse than the existing one. since il
constituted the state engineer a court
to take evidence and adjudicate pro-
tests against new rights: bat this pro-
vision has now been eliminated The
act as il now stands would perhape not
be overturned by the courts The pro-
vision for publishing notice, however.
Is especially interesting. such pub
ilshed notice has frequently been held
useless by the court under the Tor
rens land Law in the east. rs well as in
the west in the act under considera ton.
No one is legally required TO pay any
attention 70 this notice parties with
conflicting rights cannot be summoned
By any such notice. The only cxcuse
for ii seems TO be the fact that il fur
nishes a little cheap pap Cor admins
tration newspapers. since il certainly
does no one any good. and simply in
creaseS the expense of the aDplicant
who is seeking TO develop unaDDroDri-
ated water. To select a few others of
the many provisions of the act. IL is
difficult TO understand what good can
result i'm an appropriation for mining
EN-f tStS ~ a statement NJ the char
acter OF the mineral mined. or in q
power appropriation from 2 statement
of the kind OF and name Of the manu-
facturer of the wheels, the head under
which they are TO be operated or the
amount of power to be produced or
where the power shall be used. No pro-
vision is made for recording rights an
tedating the code with the state en-
gineer, so that now one who seeks TO
learn what rights exist on q stream
must investigate first the state en-
gineer's office, then the county record
er's Office and lastly the stream itself.
Diligence in proceeding with work is
are not vital, they are all important
required as the state engineer deems
necessary. While some OF these defects
are not fital, they are all important
and indicative of the ignorance and
bungling hand which drafted the act.
obviously practically unlimited
powers are placed in the hands Of the
state engineer-powers second only TO
those OF the governor OF the state. 1t
is presupposed that the state engineer
will be not merely a thorough and ex-
nerienced lawyer, as well rs a hydraul-
70 Nd int