The Emmett index. [volume] (Emmett, Idaho) 1893-1925, 1908-08-20
By John II. Lewis, State Engineer.

A ing the location and amount of unap
I propriated water which is available TO
new uses. Large quantities Of waite
: are being held without uss through
actual or threatened litigation, and th'
intending investor or settler moves or
L to more progressive states, where watei
: rights can be secured by application t.
the state officers, and when granted ar,
protected, the same as other property
rights. The holder of these question
able vested rights joins with the power
interests in opposing the enactment OF
any law providing for public control
and making beneficial use tho basis of
lights to the use of water.
How Water Is Appropriated.
Any person can acquire a water
right by simply posting a notice at the
proposed point of diversion, stating the
amount of water claimed, tho intended
use, and recording a copy Of the notice
at the county court house. II the water
is to be used for irrigation purposes, a
certified copy of the notice must be
filed with the state engineer within 80
days thereafter. 1t makes no differ
once IL the waters of the stream are
already fully utilized at points below.
The notice can specify any amount,
even though such amount exceed the
regular flow of the stream. 1t may be
impossible to use the water beneicially
for the purpose as claimed, but that
make no difference so long rs construc.
tlon is commenced within six months.
Your title is then complete, but the
record is not completed by the fling of
proof that work has commenced. BY
rehling every six months, a water right
can be held without the performance Of
any work until some legitimate investor
trys to secure control Of the same water
right. Then work must be commenced
and prosecuted with due diligence. I'm.
der this law one Of our leading attor-
neys has stated that r one-armed man
with a shovel, employed at the intake,
can hold a water right indefinitely.
Thus the Legitimate investor must first
buy off the notice man, VIC has con
nothing to the public welfare.
Even the payment Of this b"lackmail
does not give him clear title to the
necessary water, for the apparent sup
ply may, perhaps, all be fully utilized
In the adjoining counties below, through
the stream runs.
In the absence of state control, the
only way for this investor to oven
at the amount Of u"nappropriated
Is to first measure the stream,
then travel down the same, meas !
uring the maximum capacity of each ,
ditch, to ascertain how much of this
has already been appropriated. :
II the stream is q hundred or more +,
miles in length, this task alone would
discourage the most enthusiastic in.
'sstor or settler. Then the records of
water filings, under our present laws, a
must also be examined to ascertain how r
many rights have been initiated which f
nay ultimately become vested and n
prior In time to his right. No {
Ices claiming water, posted in thick c
It's along the banks of n stream, can %
.ot be found and are, therefore, Of no d
.slue to him. The county records are .
( but little, II any more value. as the s.
ecorded claims to water invariably ex- O
esd many times the regular flow Of G.
ho stream. For example, the records 81
Z Baker county show claims to the v
Of Powder river for irrigation cI
urposes amounting to over eighty il
mes the flood flow Of this stream at n,
City during 1905, and the LAS tc
claims for all purnoses
mounted to over one hundred and
Ighty times this flood flow. These
aims, therefore, cannot all be vested W
ghts, and it is impossible to ascertain A
the record which, If any, are valid. 81
ultimately may become vested. Be- or
des, many bitches have been built re
I'd water diverted without any public st
cord whatever. In a separate record by
be found court DEGREES affecting tn
TO the water Of this same stream. er
iese DEGREES may divide the water II!
nong a minority Of claimants. without in
consideration whatever Of the co
yhts OF the public in the unappro
waters. The county record thus as
rves only to cloud title TO unappro or,
lated water and discourage invest tn
,nts. st'
stream under consideration bv co
8 investor may flow through OF Dor str
r on two or moro counties where wa. WI
titles are equally as complicated as VIZ
scribed for Baker county. To alb ella
act the water records Of the rel
river would require a Jour pri
Y of practically 1000 miles, and the str
animation of the worthless records exi
five counties. lay
Under the 1905 act, all filings for tit.
purposes were 10 be rocorle5 VIII
the state engineers office at Salem, !
/ no penalty was provided to en- PAL
ce this provision. Out Of 19s FILINGS the
Baker county under this act, only exc
g we're recorded at salem. Thus the
at was intended for a complete rec
'