Daily capital journal. (Salem, Oregon) 1903-1919, 1907-12-25

purposes Is of little value, except in
a few valleys on the western slope of
the Cascade mountains. The owner
of the water practically owns the
land for miles on either side OF the
spring or river The increasing use
of streams in developing water pow
er, and the necessity OF pure water
for domestic supply for cities and
towns, greatly adds to the value of
flowing streams.
The land originally belonged to
the federal government, which gave
IL out to actual settlers, under we'll
understood administrative system.
The stream so valuable in the west,
we're considered of but little impor-
hance In the east when the govern
ment's land policy was originated.
The water also belonged to the gov
eminent and could have been ad-
mInlstered and given out to settlers in
as orderly a manner as the public
lands. After the value of water was
demonstrated by the early pioneers
in California, the federal govern
ment, by an act Of 1866, recognized
the right Of citizens to appropriate
ahe water of streams to beneficial
uses in accordance with the customs,
laws and decisions of the courts in
The various states.
For many years the states in the
arid west failed to realize the great
responsibility thus imposed upon
them by the government In provId
ing some orderly method of estab-
fishing and protecting rights to the
use OF water. The streams were left
TO be grabbed by unscrupulous and
far-sighted persons, without regard
TO the public welfare Soon water,
a necessity OF life and the basis for
the substantial growth OF these
states, became the subject OF specu-
iatIon and monopoly. The states
development was retarded. Conflict
ing rights were established and the
courts blocked with litigation in
tended 10 s'ralgh on out the tangle.
The same ditch right would be be-
fore the court almost constantly. for
decree would no more be rendered
than new conditions would arise.
new diversions be made. and n new
decree would be necessary. The
slowness OF the courts In many cases
compelled resortlng TO force TO Sc
cure the necessary water 10 save n
valuable crop or orchard. Many men
have been killed throughout the arid
states In their personal efforts 10
protect their water supply. Tho
stream, perhaps, would be a hundred
or moro miles long. flowing through
different counties. Conditions soon
became so complicated thrt many OF
The early settlers found Il impossl
BILE TO protect. OF their own effort
DR. through the courts their water
supply, abandoning their places.
which returned TO the original desert
condition
Wyoming was the first state to as
sumo the responsibility of providing
a system of acquiring titles To its
public water, aud protecting these
rights, when established. as carefully
as other property rights are protect
ed, II the usual water supply is
disturbed, the irrigator Is not COM
PEELED 10 tear out his neighbors dam,
but simply tell his troubles to a water
policeman. or water master. as he
is called. a'hls state Official with
authority to regulate diversions from
natural channel, rides up the stream
and closes the headgates. where
water is taken without right. Water
cannot he appropriated at will with
out regard to the public welfare. A
system of grant or license Is em-
ployet. wAlch is as simple as the
acquiremenA OF title to a mining
claim from the United States. An ap-
pllcatlon IL first made to the state
officials for permit TO appropriate
water for a specific use. If not in
conflict with vested rights or the
public wenfare, the right is granted
and defiote record kept of the trans
action. When proof is furnished In
a required time that the water has
been applied to beneficial use, and
examination made by the state au-
thorities. the right becomes vested
and the record completed This
right than becomes appurtenant to
She land. Is protected by the state,
nd is thsHeafter not subject to liti-
alton in the courts, except as to reg.
larity az procedure under the laws
the state. The rights acquired
rior TO the adoption of the Wyom-